If you have had a final restraining order imposed upon you (often called a permanent restraining order), the fight is not over. You can file an appeal to attempt to overturn the final restraining order. There is a limited time in which to file your appeal, or you lose the right to contest the restraining order. It is crucial that you do not sleep on your rights and fight to protect those rights.
If you face the imposition of a final restraining order in New Jersey, you need an experienced New Jersey criminal defense attorney to file your appeal and protect your constitutional rights.
New Jersey Final Restraining Order Defense Attorney
With many years of experience working in different roles in the New Jersey justice system, Joseph Lento is a uniquely qualified New Jersey criminal defense attorney with a comprehensive knowledge of how the criminal justice system works, from start to finish.
If you have had a final restraining order imposed upon you in New Jersey and need a comprehensive, customized appeal, contact the attorneys at the Lento Law Firm. Joseph Lento built his practice on the ideals of customer service and justice and he will fight for your rights and freedom. Call (215) 535-5353 today to schedule your free consultation and discover what Joseph Lento can do to clear your name.
Final Restraining Orders
Final restraining orders are final versions of temporary restraining orders. Judges usually order a final restraining order at a final hearing.
In order for a final restraining order to be ordered, a judge must have evidence of the following:
- There was a domestic relationship between the plaintiff and defendant
- The defendant committed an act of domestic violence
- There is an urgent need for restraint in order to prevent further acts of domestic violence
As its name implies, a FRO has no time restriction. With its issuing, the defendant will be photographed, fingerprinted, fined, and stripped of their right to a firearm in New Jersey.
How to Appeal a Final Restraining Order in New Jersey
Once a judge has issued a final restraining order against you, you have a limited time in which to file your appeal. That time to file your appeal is limited to 45 days after its imposition. In the appeal, you will be required to allege that there were errors made during the trial that warrant a reversal of the imposition of the final restraining order.
The error must relate to the facts, the evidence, or the law in order for there to be a valid basis for your appeal. Grounds for reversal may include, but are not necessarily limited to:
- The judge incorrectly interpreted or applied the law: If the judge misapplied or incorrectly interpreted New Jersey law, that mistake can be grounds for a successful appeal. Judges are required to do their job correctly, and when they do not, you should not be punished for it.
- The judge misinterpreted the facts: Judges are also expected to correctly analyze and apply the facts of the case to New Jersey law. Judges commonly misremember testimony or flat out get things wrong. When they do, it could be the basis for a successful appeal of your final restraining order.
- The judge misapplied the rules of evidence: Specific rules are in force regarding what evidence the court may consider when making its decision on the final restraining order. When the court gets it wrong, the final restraining order may not be valid.
- The findings of the judge were not complete: The opinion the judge sets forth must state in detail the ground for the restraining order, including the prior history of domestic violence, the predicate act, and that a restraining order was necessary to protect the well-being and safety of the plaintiff. Failure to state any or all of these is grounds for reversal of the final restraining order.
Other grounds may also exist, but these are the more common that occur. Only with a full examination of your case under the experienced eyes of a permanent restraining order appeal attorney will give you the best results.
Understanding the specific grounds that may apply to your case can be incredibly difficult without proper legal training and years of experience. The attorneys at the Lento Law Group have that training and experience you need to protect your constitutional rights and guarantee you are afforded the true protection of the law.
Do I Need an Attorney?
A final restraining order can have a drastic and negative effect on your life. These orders impose requirements that you must follow, or you could face contempt charges that could lead to further criminal penalties. The no contact provisions contained in the protection orders may keep you from your kids, family, or other loved ones. It can split families apart, and make it difficult to live your usual life. It can even affect your ability to go to work, school, or other places where the final restraining order may keep you from.
An attorney is qualified to look at your case and file an appropriate appeal on your behalf. An appeal may result in the termination of the final restraining order imposed by the judge, allowing to live your life with the freedom to which you are accustomed. It can also protect you from the potential of future criminal charges. An attorney can properly advise you on the path moving forward and may be able to prevent the imposition of a future temporary restraining order or another final restraining order.
Consult a New Jersey Permanent Restraining Order Appeal Attorney
If you or someone you care about faces the imposition of a final restraining order in New Jersey, an experienced New Jersey defense attorney can fight for your rights. Joseph D. Lento has the years of experience necessary to protect your rights. He will analyze your case and tailor an appeal specific to the facts and circumstances of your case.
Call (888) 535-3686 or contact us online today to schedule a consultation of your case.