Appealing a Temporary Restraining Order in New Jersey

When a Temporary Restraining Order has been issued against a Defendant, New Jersey provides an opportunity for an appeal before the Final Hearing. In the relevant part of N.J.S.A. 2C:25-28(i), it states that “an order for emergency, ex parte relief shall be granted upon good cause shown and shall remain in effect until a judge of the Family Part issues a further order.” 

Any temporary order hereunder is immediately appealable for a plenary hearing de novo not on the record before any judge of the Family Part …once a Temporary Restraining Order has been granted, the parties are scheduled for a trial to determine if the legal burden for a Final Restraining Order has been granted.  

Temporary Restraining Order Appeal Process

This emergent appeal can be requested as follows:

• To appeal an ex parte order, a party must complete the "Appeal of Ex Parte Order" form and submit it to the Court for review.

• Upon granting the appeal, an emergent hearing will be scheduled with adequate notice to both parties so they can appear and address the issues.

• The Judge will explain the reasons for modifying or dissolving the Temporary Order.

• The hearing will proceed as scheduled if the Final Restraining Order is not lifted.

Temporary Restraining Orders must be granted if it appears it is necessary to protect the Plaintiff's health, safety, or well-being. The appeal process is therefore for limited issues.  One example of a reason to file this appeal is if your parenting time was suspended by the Temporary Restraining Order.  Another example may be if you were forced to leave the home but it would be financially difficult for you to do so.  You should understand that this is not your time to argue that the Temporary Restraining Order should never have been granted. An emergent appeal may be required if the Temporary Restraining Order limits parenting time.

The NJ Prevention of Domestic Violence Act

The New Jersey Prevention of Domestic Violence Act (PDVA) of New Jersey defines domestic violence as committing one or more of 19 criminal offenses against a person who has a dating (current or past) or familial relationship with the alleged perpetrator. Gender is not a factor. A victim of domestic violence can request a temporary restraining order (TRO) against a defendant under the PDVA. Although only temporary, a TRO can disrupt a defendant's life and possibly cost them money.

If you are reading this and have questions about a New Jersey TRO that either you filed or that was entered against you, don't go it alone. Call my office to schedule a free 20-minute call with me to discuss your case. 

The contents of this blog entry are provided for informational purposes only.  You should consult with an attorney to determine how the law applies to the facts of your particular case.  Reading this blog entry does not create an attorney-client relationship with Kelly McGriff.