New Jersey Domestic Violence Final Restraining Order Hearings - The Two Prongs Of Silver. In order to have a Temporary Restraining Order ordered by the Court to become a Final Restraining Order, a plaintiff that filed the domestic violence complaint must first prove by a preponderance of the evidence that there was a predicate act and then show that the Final Restraining Order is necessary to protect the plaintiff from future domestic violence of the defendant. In the case, Silver v. Silver, 2006, this very issue was taken up. In most cases if a party proves a predicate act occurred it is likely they will also be able to show that a final restraining order is necessary as the initial or temporary restraining order when obtained considered if there was a predicate act and if a restraining order is necessary. However, it is at the final hearing that this issue must be ultimately decided by the Court. There are times where the parties live far away from each other or the act was mainly of harassment and it seems to have concluded to the Court, where after proof of a predicate act, the Court may decide it is not necessary to protect the party that filed the TRO with an FRO. Many New Jersey Family Courts today do not wish to order FROs if not necessary as they do have implications for the defendant as regards their work and does put them under the threat of being arrested if they are in violation of the FRO.
If you have a New Jersey domestic violence matter or have already filed a NJ domestic violence complaint or have a scheduled New Jersey Final Restraining Order hearing, call our office at 732-390-0480 or 201-242-1119 in East Brunswick or Fort Lee for a free consultation. Our NJ divorce attorney and NJ divorce lawyer can help you with your New Jersey domestic violence issue. Ask us about our flat fees for specific services for domestic violence matters.