Domestic Violence: Silver v. Silver & imminent threat of bodily injury.
KM v. MD New Jersey Appellate Division May 23, 2019 (Not Approved for Publication)
Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark.
And so the holiday season starts today with Memorial Day weekend with a new domestic violence appellate court decision and a blog. Silver v. Silver & imminent threat of bodily injury.
In this case the appellate court affirmed a trial court”s denial of a final restraining order (FRO) after a full hearing. In this case the wife placed a tracking device on the husband’s vehicle. The wife testified she placed the tracking device on the vehicle because she was concerned about the daughter’s safety and where the husband was going with the daughter. The husband filed a temporary restraining order alleging a violation of New Jersey’s cyber harassment/stalking law. The court agreed the behavior did constitute one of the listed predicate act under the domestic violence needed for the issuance of a restraining order. However, the trial court did not find there was any immediate threat of harm; the second prong of the test to determine whether there is a need for a restraining order to protect from eminent harm.
This appellate court agreed with the trial court affirmed the dismissal of plaintiff’s complaint because he also found that plaintiff failed to prove under Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006), that a final restraining order (FRO) was necessary to prevent any harm to him.