New Jersey Final Restraining Order Reversed for Failing to Advise Right to Attorney
Docket No. A-1358-23
Decided November 25, 2024
Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark.
In a recent appeal filed by the attorneys at Hark & Hark, the Appellate Division of New Jersey in an unpublished opinion reversed the entry of a Final Restraining Order (FRO) after the trial court failed to advise defendant of his right to an attorney.
In K.C. v. J.C., on October 19, 2023, plaintiff filed a complaint against defendant, his son, under the PDVA. The complaint alleged defendant committed terroristic threats, N.J.S.A. 2C:12-3; harassment, N.J.S.A. 2C:33-4 and cyber harassment, N.J.S.A. 2C:33-4.1. On that date, a temporary restraining order (TRO) was entered barring defendant from having contact with plaintiff.
At the November 1, 2023 trial, both parties appeared self-represented. The trial judge provided instructions to defendant concerning the consequences if an FRO was entered and informed plaintiff of his burden of proof to be granted a FRO. The trial judge did not, however, inform defendant of his right to seek an attorney. The court took testimony from the plaintiff first. At the conclusion of plaintiff’s testimony, the court asked defendant if he had any questions for cross examination. Defendant immediately asked for an attorney and the court denied the request because the trial had already begun. After defendant testified, plaintiff asked one question on cross examination and rested. Thereafter, the judge made findings of fact and conclusions of law under Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006) and entered an FRO against defendant.
Defendant hired this firm to file his appeal and we successfully overturned the judge’s decision with the Appellate Division agreeing with us that defendant was not informed of his right to a lawyer prior to conducting the restraining order trial.
Final restraining orders have severe consequences in New Jersey. You have a right to hire an attorney for these proceedings for both the plaintiff and defendant. However, keep in mind if you cannot afford an attorney one will not be appointed for you since this is considered family court.
If you have questions about final restraining orders, temporary restraining orders, parenting time, alimony, child support, divorce, custody, or appeals, contact the experienced domestic violence attorneys at Hark & Hark today.
In recognition of these trying financial times, we are reducing fees and working with clients to come up with manageable payment plans. Initial consultation is always free and we are available remotely.
We offer payment plan options to clients financially incapable of providing full payment upfront. If you are facing domestic violence charges similar to this circumstance, please call us to discuss the matter. At Hark & Hark, we represent clients for any case in any county in New Jersey including Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, Monmouth, Ocean, and Salem counties. We represent clients in all towns in New Jersey, including Audubon, Gloucester City, Oaklyn, Audubon Park, Gloucester Township, Pennsauken, Barrington ,Haddon Heights ,Pine Hill ,Bellmawr ,Haddon Township , Pine Valley, Berlin Borough, Haddonfield, Runnemede, Berlin Township, Hi-Nella, Somerdale, Brooklawn, Laurel Springs, Stratford, Camden, Lawnside, Voorhees, Cherry Hill, Lindenwold, Waterford, Chesilhurst, Magnolia, Winslow, Clementon, Merchantville, Woodlynne, Collingswood, Mt. Ephraim, and Gibbsboro.
