This blog entry is a continuation of the entries posted on March 22, 2013 and April 2, 2013. Under Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006), when determining whether or not a Final Restraining Order should be awarded, the Court must perform the following two part test:
1. The Judge must determine whether or not the victim has proven that at least one of the predicate acts has occurred by a preponderance of the evidence; and
2. The Judge must determine whether or not a Final Retraining Order is necessary to protect the victim from imminent danger or further acts of domestic violence.
When you file a domestic violence complaint, there is a section entitled “prior history of domestic violence”. With respect to this section, if there was a history of domestic violence, you should list all incidents of domestic violence in your complaint whether or not the incidents were reported. You will be able to testify to the prior history in Court at the final hearing. The prior history will help the Court in determining whether a Final Restraining Order is necessary to protect you from further acts of domestic violence by Defendant.
Part 3 of 3. [posted by Lynda Picinic, Esq.]
