Proving a Domestic Violence Case
In order to receive a Final Restraining Order at a final hearing, the victim must satisfy the two prongs set forth in the landmark case Silver v. Silver. First, the victim must prove by a preponderance of the evidence that a predicate act of Domestic Violence actually occurred as defined by N.J.S.A. 2C:25-19a. For example, if you allege that the accused harassed you, then you must prove that the harassment actually took place.
After the victim proves that the predicate act occurred, the victim must prove that a restraining order is necessary to protect them from imminent danger or further abuse. Therefore, the fact that a predicate act occurred does not automatically mean that a restraining order is appropriate. The classic characteristic for proving the need for the protection of a restraining order is a history or pattern of controlling behavior or abuse. However, even without the history or pattern of controlling behavior or abuse, the need for a restraining order can be proven by one sufficiently egregious action.
Because there is more to a final hearing than simply testifying about the predicate act, I believe that it is important that victims and also defendants speak with an attorney that fully understands New Jersey Domestic Violence Cases. Contact me or call (732) 812-3102 today to discuss your case.