How to Appeal a Restraining Order Bergen County NJ
Bergen County Restraining Order Lawyers with Offices in Hackensack NJ
If you need assistance appealing a restraining order in Bergen County, you’ve come to the right place. Our domestic violence lawyers have literally handled hundreds of restraining order matters in Bergen County over the last 15 years with tremendous success. In fact, Mr. Tormey and his team of restraining order lawyers often have 2-3 domestic violence restraining order cases every week throughout northern New Jersey including in Bergen County towns such as Fort Lee, Teaneck, Paramus, Palisades Park, Garfield, Mahwah, Rutherford, and Hackensack. Contact our offices anytime for a free initial consultation at 201-330-4979.
A Temporary Restraining Order Has Been Issued Against Me – Can I Appeal?
Yes. If a temporary restraining order (TRO) has been issued against you, you have the right to appeal. You can file paperwork in the Superior Court to appeal the issuance of the TRO and a hearing will be scheduled right away to determine whether or not the TRO was properly issued. If the appeal is successful, then the TRO is dismissed and the case is over. If the appeal is denied, then the case will proceed normally and will be scheduled for an FRO hearing.
NOTE: Just because your TRO appeal is denied, that does not mean that a final restraining order (FRO) has been or will be issued against you. It just means that the court believes there was sufficient grounds for the TRO to be issued in the first place. There will still be an opportunity to fight the case at the Final Restraining Order (FRO) trial.
A Final Restraining Order Has Been Issued Against Me – Can I appeal?
Yes. If a final restraining order (FRO) trial was conducted and the Judge ruled in favor of the Plaintiff and issued a final restraining order (FRO), the defendant has a right to appeal. This appeal must be filed within 45 days of the issuance of the FRO. The appeal must be filed in writing to the Appellate Division in Trenton. The transcripts must be ordered of the FRO trial so that the Appellate Court can review what happened at the trial along with the legal arguments and then render a decision.
The appeal must lay out the errors that the Defendant believes were made by the trial court which caused the Judge to make the wrong decision and grant the FRO. There are many grounds for appeal but some of the most common ones we see are:
- Plaintiff failed to meet their burden of proof
- Plaintiff failed to prove a predicate act of domestic violence
- Plaintiff failed to show that they are in fear for their safety and need the protection that a restraining order provides
- Judge admitted evidence improperly
- Judge admitted evidence that was not relevant
- Judge refused to admit defendant’s evidence
- Judge misinterpreted the facts of case
- Judge made a mistake of law
- Judge improperly ruled on objections by counsel
Once the appeal is filed and the transcripts are ordered, the Appellate Division will set a briefing schedule as to when the written legal arguments are due. The defendant will file their brief with the Appellate Court and then the Plaintiff will have an opportunity to respond if they wish. Once the written legal arguments are finished, some cases will be scheduled for oral arguments. If the case is not scheduled for an oral argument, the Appellate Court will make their decision “on the papers” and issue a written opinion (ruling). This while process can be very lengthy, sometimes as long as a year or more.
If oral argument is held, the defendant’s attorney will argue the appeal before a panel of three (3) appellate court Judges. The plaintiff’s counsel will also have an opportunity to be heard. Once all of the written and oral arguments are made, the three Judge appellate panel will render a decision. Either the appeal will be granted and the case will be dismissed or remanded for a new trial. Or the appeal will be denied and the final restraining order will remain in place.
I’m a domestic violence victim and my TRO was dismissed after trial – Can I appeal?
Yes. If you had a restraining order trial and the Judge dismissed the case, you have the right to appeal. The same rules apply as above. You must file this appeal within 45 days and detail in your written arguments why you believe the Judge made an error in dismissing the domestic violence restraining order.
Bergen County Restraining Order Appeal Lawyers – Free Consultations
If you need assistance with potentially filing a restraining order appeal in Bergen County NJ, contact our Hackensack office now for immediate assistance and a free initial consultation at 201-330-4979. We assist clients with successfully appealing restraining orders in Ridgewood, Wyckoff, Fair Lawn, Englewood, Bergenfield, Lodi, and greater Northern New Jersey. Let our team of attorneys determine if you have grounds to appeal, assemble a compelling appeal on your behalf, and navigate the intricacies of the restraining order appeal process to optimize your chances of success.
