I am filing a motion to vacate a restraining order in Ocean County. The statute requires that the judge deciding the motion to vacate has full access to the transcript of the hearing that resulted in the FRO. It says this:
Upon good cause shown, any final order may be dissolved or modified upon application to the Family Part of the Chancery Division of the Superior Court, but only if the judge who dissolves or modifies the order is the same judge who entered the order, or has available a complete record of the hearing or hearings on which the order was based. [N.J.S.A. 2C:25-29(d).]
Since it does not specify written or audio, can I get away with attaching an audio recording only? The written transcript in this case is over $1,000, for some reason, and my client is having trouble justifying that cost when the CD is much less. I would normally just attach the written one, but since it is so expensive, I wonder if the motion would be denied for providing audio only.
Thank you in advance!
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Lauren A. Miceli, Esq.
(732)819-9100
[email protected]------------------------------