What Happens If a NJ Municipal Court Judge Denies a Domestic Violence Temporary Restraining Order? Can You Appeal Right Away?

New Jersey Criminal Lawyers Schwartz Posnock

Currently, victims of domestic violence can apply for a temporary restraining order (also known as a TRO) in the Municipal Courts when the Superior Court is closed. However, if the victim requests a review of the Municipal Court denial, the victim must wait until the Superior Court is open for business. Effective October 1, 2019, if a victim requests an immediate off-hours, on the merits review of the denial of a TRO, the following procedure must be employed:

• First, if you are denied a TRO by the Municipal Court Judge, the Judge must advise you on the the record that you have the right to an immediate review of the TRO denial by an on-call
Superior Court judge.

• If the you choose to have an immediate review of the Municipal Court’s denial of the TRO, a law enforcement officer shall contact an on-call Superior Court judge.

• This on-call Superior Court judge will review the same TRO/Complaint that
was presented to the Municipal judge.

• The Superior Court judge will conduct a hearing on the TRO/Complaint
telephonically and make a decision whether to grant or deny the TRO.

• A law enforcement officer will memorialize the Superior Court judge’s decision and will
send the order electronically to the Family Division with that order appearing
on a worklist in the eTRO system for review.

• If a victim does not wish to have an immediate hearing, the police will
indicate that in eTRO and send the order electronically to the Superior Court
for dismissal.

This information is provided to the general public for informational purposes only. Either side to a domestic violence complaint is entitled to as much information as possible, to ensure that the judicial process is fair.

Our firm has represented both defendants and victims in Domestic Violence disputes since the law was enacted. Whether you are a defendant or a victim in a domestic violence case, you are entitled to the most effective representation available. The experienced domestic violence and criminal law attorneys of Schwartz & Posnock appear frequently before the Superior Courts of New Jersey in domestic violence matters. It is critical to have an experienced attorney represent you. The experienced domestic violence and criminal lawyers of Schwartz & Posnock appear in all Federal, State, and Municipal criminal courts in New Jersey, and have convenient locations in Monmouth County (Eatontown), Essex County (Livingston), Union County (Linden), and Middlesex County (East Brunswick). Call us at 732-544-1460 or email us at info@schwartzposnock.com to schedule an appointment.

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