Final Restraining Order Issues Upon Multiple Acts of Harassment

C.L.H. v. T.F.H. is about Defendant’s appeal of a final restraining order (FRO) entered against him upon his estranged wife’s request that the Court enter and order for same under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. Defendant appealed on four points: (1) Ineffective assistance of counsel; (2) allegations of trial court error in allowing “authentication” of a perceived no contact order; (3) a conflict between testimony and the checked “No previous acts of Domestic Violence” section; and (4) lack of evidence regarding intent or predicate acts. Under the PDVA, Plaintiff was entitled to protections, as long as the other criteria were met, based on her marriage to the Defendant. The remaining criteria, set forth in Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006), were also satisfied. First, the evidence demonstrated, by the requisite preponderance of the evidence standard, three acts that constituted harassment, N.J.S.A. 2C:33-4(c), a predicate act under N.J.S.A. 2C:25-19(a). Specifically, (1) the Defendant entered Plaintiff’s car while she was in church and removed an item; (2) the Defendant sent Plaintiff a text asking when she would return from a trip that he had never been notified she was taking; and (3) discovered and drove to the location Plaintiff was staying to see whether she was there. During questioning in this regard, the trial judge found the Defendant’s explanations to amount to admissions of guilt committed with the clear intent to harass the Plaintiff. With regard to the second prong of Silver, the trial judge determined that, in light of confrontations between the parties, the Plaintiff’s fear of the Defendant was reasonable and a FRO was required to protect the Plaintiff from the Defendant. The Appellate Division determined the trial judge exercised sound discretion in rendering the opinion below and affirmed, also noting that ineffective assistance of counsel is inapplicable to the matter at hand. This blog is for informational purposes only and not intended to replace the advice of an attorney.