Arndt, Sutak & Miceli, LLC

Two Wrongs Don’t Make a Right

Can your sister stomping her feet on the second floor above your room get you a restraining order? If so, sisters all across the state would be rushing to get restraining orders. These are the facts of a recently decided New Jersey Appellate Division case, N.R. v. D.D.

In N.R. v. D.D., the New Jersey Appellate Court found, thankfully, that there needs to be a more specific demonstration of the need for a Final Restraining Order than just kicking and screaming. Specifically, under the Silver v. Silver case, the Court needs to make specific findings that both the predicate act of domestic violence occurred and there is a need for continued protection. The Court must indicate what specific acts that transpired were found to be harassing. A Court cannot simply rely upon a party’s emotional responses. The Court must consider the motivation for the actions as well as the actions themselves.

The Appellate Court found the trial judge focused solely on reciprocity between the parties. While N.R. may have stomped in frustration, this is a far cry from an intent to harass. The trial court attempted to create a balance in lieu of applying the long-standing analysis in Silver v. Silver. However, as we all know, two wrongs don’t make a right.

If you would like to learn more about obtaining a Temporary or Final Restraining Order in New Jersey, please call our office at (732) 867-8894 to speak to an attorney today.

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