Rare Appellate Victory: Final Restraining Order Reversed and Vacated
Tormey Law Firm Wins Exceptional Appeal at New Jersey Appellate Division
January 2026 – Passaic County
In a significant legal victory that underscores the importance of skilled appellate advocacy, our team successfully overturned a Final Restraining Order (FRO) at the New Jersey Superior Court Appellate Division—an extraordinarily rare outcome in domestic violence cases.
The Challenge: Overcoming the Odds
Final Restraining Orders carry serious, life-altering consequences. They can affect employment opportunities, housing applications, gun ownership rights, and professional licenses. What makes this case particularly noteworthy is that appeals of FROs to the Appellate Division are exceptionally difficult to win. Trial court decisions in restraining order matters are granted substantial deference, making appellate reversals uncommon.
The Case: A Complex Family Dispute
The case involved a divorced couple whose relationship had been strained for over a decade. The incident that led to the restraining order centered on a family gathering that was ultimately cancelled.
The plaintiff alleged that the defendant’s communications and actions constituted harassment under New Jersey’s Prevention of Domestic Violence Act.
After a six-day hearing spanning fourteen months (January 2023 to March 2024), the trial court entered a Final Restraining Order in September 2024. The Tormey Law Firm, led by Travis J. Tormey and Jeffrey A. Skiendziul, immediately filed an appeal challenging the legal basis for the restraining order.
The Legal Strategy: Challenging the Foundation
The defense team’s appellate strategy highlighted a key legal flaw: the prosecution did not demonstrate that the defendant possessed the necessary intent to harass the plaintiff under New Jersey law.
Key Arguments:
- No Course of Conduct Established: Under N.J.S.A. 2C:33-4(c), harassment requires proof of a “course of conduct” with the purpose to alarm or seriously annoy. The appellate team argued that the defendant’s actions—two text messages to his former sister-in-law, a visit to his brother’s home, and statements about cancelling a family meeting—did not constitute a course of harassing conduct.
- Lack of Intent to Harass: The defense demonstrated that the evidence failed to show the defendant’s conscious objective was to alarm or annoy the plaintiff. New Jersey law requires more than just a subjective reaction from the alleged victim—there must be proof of the defendant’s improper purpose.
- Family Dispute vs. Domestic Violence: The attorneys successfully argued that the appellate court must distinguish between ordinary family disputes and actual domestic violence. The defendant’s communications were directed at his brother, not the plaintiff, and stemmed from concern about his son’s well-being.
- Third-Party Communication Standard: The team cited State v. Castagna, establishing that when harassment occurs through a third party, there must be evidence the defendant intended to cause that third party to relay a harassing message—a standard the prosecution failed to meet.
The Appellate Division’s Decision
On January 23, 2026, the Appellate Division issued its opinion reversing and vacating the Final Restraining Order. The court’s analysis focused on the critical gap in the prosecution’s case:
The Court Found:
- The defendant’s statements to his brother about holding him “personally responsible” and threatening to “probably kill” him were directed at the brother, not the plaintiff.
- No evidence supported a finding that the defendant intended to cause a harassing communication to reach the plaintiff.
- The cancellation of the family gathering, although frustrating to the plaintiff, did not constitute harassment as it lacked the necessary criminal intent.
- The trial court improperly conflated the plaintiff’s subjective annoyance with proof of the defendant’s objective intent to harass.
The Appellate Division acknowledged that although the defendant’s behavior during a family dispute was arguably inappropriate and could be seen as inflammatory, it ultimately did not rise to the level of criminal harassment necessitating the issuance of a restraining order.
What This Means for Restraining Order Cases
This victory demonstrates several critical principles in restraining order defense:
Intent Matters: Not every annoying or unwelcome communication constitutes harassment, and the law requires proof that the defendant’s conscious purpose was to harass, not merely that the alleged victim felt harassed.
Context is Critical: Courts must distinguish between family disputes, relationship conflicts, and actual domestic violence. Disagreements between family members, even heated ones, do not automatically warrant restraining orders.
Third-Party Communications Require Special Proof: When alleged harassment occurs through intermediaries, prosecutors must prove the defendant intended to use that third party to send a harassing message.
Skilled Appellate Advocacy Can Prevail: While FRO appeals are difficult, this case shows that when the legal foundation is flawed, experienced appellate attorneys can successfully challenge restraining orders.
Why Choose The Tormey Law Firm for Your Restraining Order Case
This appellate victory showcases our firm’s comprehensive approach to restraining order defense:
Thorough Trial Preparation: Constructing a robust evidentiary record starting from the initial hearing.
Legal Precision: Identifying and preserving key legal issues for appeal.
Appellate Experience: Understanding the specific standards that appellate courts apply.
Commitment to Clients: Advocating for clients at every level of the court system.
Strategic Thinking: Recognizing when a case should undergo appellate review.
Facing a Restraining Order in New Jersey?
Whether you’re dealing with a temporary restraining order hearing, a final restraining order trial, or need to appeal an adverse decision, our experienced team is dedicated to protecting your rights.
Final Restraining Orders carry serious consequences that can last a lifetime. You need attorneys who understand both the trial and appellate process, who can identify legal weaknesses in the prosecution’s case, and who have the skill to present compelling arguments at every level.
Call The Tormey Law Firm today for a free consultation.
Our experienced restraining order defense team serves clients throughout New Jersey, including Passaic County, Bergen County, Essex County, Morris County, and all surrounding areas. We have successfully defended multiple restraining order cases across New Jersey. Our attorneys have extensive experience in both trial courts and appellate courts, providing comprehensive representation for clients facing domestic violence allegations. Contact us today at (908) 336-5008
Legal Disclaimer: This success story describes the outcome of one particular case. Every case is different, and past results do not guarantee similar outcomes in future cases. The outcome of any case depends on the specific facts and circumstances involved.
Case Citation
L.H. v. S.H., Docket No. A-2833-23 (N.J. Super. Ct. App. Div. Jan. 23, 2026)
