Caution. You may be alarmed by this statistic. According to the New Jersey Coalition to End Domestic Violence, almost 65,000 domestic violence incidents were reported to police in one year. Forty-four domestic violence incidents resulted in a fatality. And, yes, we are only speaking about New Jersey. The data regarding violation of restraining orders for that same year is equally disturbing.
The New Jersey State Police’s study on domestic violence dates back to 2013. During that year, police made a total of 2,441 arrests involving domestic violence restraining orders. This number represents the number of times when a restraining order was in place and violated. In New Jersey’s northern counties, Essex County led the list in the number of arrests for this reason.
Obviously, these numbers just deal with restraining orders that were in place. Some domestic violence complaints never make it that stage. As we’ve written previously, a select number of domestic violence allegations are proven false. Domestic violence is taken very seriously by the courts. A recent court decision provides some clarity concerning the process.
Court Opinion Focuses on Restraining Order
Before we proceed, it is important to note that the court impounded the records in the case we are about to discuss. This means they are sealed. For this reason, the New Jersey Appellate Division’s unpublished opinion, L.E.B. v. R.T.B., N.J. Super. App; Div.uses the parties’ initials. It is only binding on the couple involved in this matter.
In 2015, a restraining order was issued against the then husband in this case. He did not agree with the lower court and appealed the decision.
To understand this more clearly, we will go back to the time when the final restraining order was granted for the wife’s protection. The judge listened to testimony from both L.E.B., one of the husband friends, and police officers. Also, the court listened to audio recordings documenting the husband’s use of profanity and verbal abuse.
The purpose of the hearing was to determine whether there were predicate acts that constituted domestic violence. You can learn more about predicate acts that establish domestic violence under Section A in the information provided by the state.
The trial court granted the final restraining order according to its findings. The decision was based on two predicate acts. The determination that the husband was both harassing and stalking his wife warranted protection.
R.T.B. disagreed. In his opinion, the wife had not produced sufficient evidence that he was either harassing or stalking her. The husband further submitted that even if he had done so, L.E.B. did not need a restraining order to protect her from him.
Upon review of the record, the Appellate Division found there was sufficient evidence to warrant a restraining order. Family court judges must engage in a two-step analysis in awarding restraining orders. First, there must be proof by a preponderance of the evidence that one or more predicate acts had occurred. Secondly, there must be demonstration that a restraining order is necessary to prevent further abuse.
In this case, the court found that harassment and stalking warranted that a restraining order be put in place. The Appellate Division thus affirmed the family court judge’s decision to grant protection.
Contact Us
Domestic violence should never be taken lightly. If you are concerned about a situation that may constitute a predicate act, the Law Offices of Sam Stoia can assist you. Similarly, if you feel you have been wrongly charged with an act of domestic violence, experienced legal representation is crucial. Contact us as soon as possible as this is a matter that should not wait.