Tuesday, February 5, 2013
Trial Court Must Set Forth Basis of Need For Final Restraining Order in NJ
Restraining orders began as a resource to provide necessary protection for battered women and children. Since their inception, the nature of the call for domestic violence orders have changed. Sadly, domestic violence orders are used in the NJ Courts to the benefit of the accusing party as leverage in matrimonial actions. As a result of the misuse of restraining orders, Judges are required to set forth specific findings of fact regarding the events giving rise to the allegations, surrounding circumstances, any past domestic issues issues of the parties or one of them and the totality of the circumstances of the parties. Each domestic violence dispute involves a very specific fact pattern which should be fully set forth in Court prior to the Judge making a decision in the matter. In the event a defendant is unable to properly articulate a response to allegations, the Court should make every effort to obtain from the defendant a specific and accurate response as to allegations. In no event should a Judge simply interpret ambiguous statements of either party without further inquiry. If you are involved in a domestic violence matter, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on domestic violence, criminal law or family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.