65 Madison Ave · Suite 420 · Morristown, NJ · 07960

¡Attention TAC People!

Press 'p' on your keyboard to make this palette go away.

Max width: 1200px
Color Hex R G B
Blue from Logo#003d65 0 61 101
Darker Blue#021020 2 16 32
Red from Logo#780500 120 5 0
Darker Red#400000 64 0 0
Gray from Modern Firm Site#f3f2ed 243 242 237
Bright, Light Blue#ccebff 204 235 255
Form Input Background Blue#accfe6 172 207 230
Slightly Darker Blue#002e4d 0 46 77
Slightly Darker Gray#e6e5e0 0 46 77
Darker Gray#cccbc7 0 46 77
Lighter Logo Blue#005c99 204 235 255
Login Link Blue#598fb3 89 143 179
Slighty Lighter Red#99150f 153 21 15
Slighty Darker Gray#b3b2ae 179 178 174
Hunter Green#013b23 1 59 35
Lighter Green #025935 ? ? ?
Beige Charcoal #1f1e1e ? ? ?
"Metallic Gold" #D4AF37 ? ? ?
"Darker Green" #012e1b ? ? ?

Matrimonial Civil Restraints Have Been Given Sharpened Teeth

On March 24, 2014, the Appellate Division published a case, N.B. v. S.K. In N.B., the Appellate Division found that the trial court erred in refusing to allow a Plaintiff in a domestic violence trial to testify as to the existence and violation of prior civil restraints, and that the judge should have considered those violations. The Court did not find that such testimony would serve as proof certain that acts of domestic violence occurred, but rather could serve as an indication of how the Plaintiff viewed the alleged acts of domestic violence being tried.

This ruling can make a significant difference in the way that domestic violence situations are negotiated. Many times, clients who are victims of domestic violence are hesitant to enter into matrimonial civil restraints because they do not feel that it offers any real protection against the perpetrator. Some victims may feel that civil restraints are not worth the paper that they are written on, as police officers cannot be called to enforce them. At the same time, this ruling makes it known to perpetrators that entry into civil restraints is not a free pass, and that the existence of these restraints may be used against him/her should future acts of domestic violence occur. If you are considering entering into civil restraints as opposed to going forward with Final Restraining Order hearing, it is important to consult with an experienced family law attorney as to the pros and cons of civil restraints. Posted by Robyn E. Ross, Esq.

Begin Your Conversation

  • Disclaimer: Contacting our firm via the internet does not create an attorney-client relationship. Please do not send any confidential information through this form.

Contact Our Morris County Office

866-957-2982

973-828-0829

Morristown / Morris County Law Office

65 Madison Ave

Suite 420

Morristown, NJ 07960

Morris County Mediation Office Map