The New Jersey Appellate Division yesterday, in SMK v. CR, again makes clear that in order for a Final Restraining Order to be entered, the ‘victim’ needs to show more than just a predicate offense. To prevail the ‘victim’ must also prove that a FRO is necessary for his/her protection. This was a case on appeal from a directed verdict, wherein the trial court dismissed the plaintiff's Temporary Restraining Order after she presented her case, but failed to offer any evidence that a Final Restraining Order was necessary for her protection.
The Appellate Division found that the trial courts analysis with regard to Silver was correct even on a directed verdict. The Appellate Division went on to clarify that "The primacy of the second step in the Silver analysis — the determination as to whether an order is necessary for the protection of the victim — was recently reaffirmed. J.D. v. M.D.F., ___ N.J. ___, ___ (2011) (slip. op. at 37). That second step "serves to ensure that the protective purposes of the Act are served, while limiting the possibility that the Act, or the courts, will become inappropriate weapons in domestic warfare." Ibid.
No comments:
Post a Comment