When a NJ Domestic Violence Restraining Order (FRO) is Issued Against You, Time Matters. You Have Only 45 Days to File an Appeal. Get This Powerhouse Criminal Attorney at Your Side ASAP.
An Appeal is Based on What Happened in Court
An appeal says that the Judge made a mistake. By filing an appeal, you are saying that the FRO should not have been issued. The process will take months, or longer. What you do during that time can impact the outcome of the appeal. Talk to us about what you need to do while the appeal is pending.
An appeal is not a Motion for Reconsideration before the original Judge, the appeal will be heard by the Appellate Division of the NJ Superior Court.
An appeal is not a re-trial or re-argument of the case, and we do not get to add in additional items of discovery to support the appeal.
The Appeal Process
To establish the basis for the Appeal, we will need two things, the case documents used during the Court Hearing, and the Court transcripts. Do not order the transcripts yourself, we will, to make sure we get them in the format we will need to file the appeal. Transcripts are expensive, so you do not want to pay for them twice.
We have a short time to file the appeal. We will need a complete copy of all documents (Letters, Texts, Emails, Photographs, etc.) that were used during the Court proceedings. We can start with those and then order the transcripts as part of the process of filing the appeal.
Once the appeal is filed, we will draft a brief to tell the Appellate Court why the decision to issue the FRO was a mistake. Once all briefs are filed, The case is scheduled for a hearing, which may include us making an oral presentation to the Court.
During the Appeal, it is critical that you do nothing that violates the restrictions imposed by the FRO. The fact that we disagree with the Court that issued the Restraining Order, does not mean it can be ignored.
Questions? Call for a Free Consultation!
Bailey & Toraya, LLP has helped many clients appeal an FRO entered against them. Contact us 973-982-1200 for a free consultation.