APPEALS OF EX PARTE ORDERS NJ

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APPEALS OF EX PARTE ORDERS

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N.J.S.A. 2C:25-28(i) provides that any TRO is immediately appealable by plaintiff or defendant for a plenary hearing de novo, not on the record below, before any Superior Court, Family Division Judge in the county where the TRO was entered if that judge issued the temporary order or has access to the reasons for the issuance of the TRO and sets forth on the record the reason for the modification or dissolution.

Upon receipt of a request for an emergent appeal, staff shall obtain the reasons for the request of appeal and assist the appealing party in completing the “Appeal of Ex Parte Order” (See Appendix 8), and present the request with the file to the judge for consideration.

If the application is granted, an emergent hearing will be scheduled with adequate notice to both parties as to the purpose of the hearing and the issues to be addressed. The judge must place the reasons for continuing, modifying or dissolving the TRO on the record.

If the application is denied, the reasons shall be set forth by the judge on the “Appeal of Ex Parte Order” form and the FRO hearing will proceed as initially scheduled.