In a recent decision, E.H. v. K.H., the Appellate Division made clear that a finding of harassment in connection with the entry of a domestic violence restraining order must be based upon a judge’s findings on all elements of the criminal statute incorporated in the New Jersey Prevention Against Domestic Violence Act, qualified by
Silver v. Silver
New Jersey Appellate Division Issues Decision Clarifying Second Prong of Silver Test
By Jessica C. Diamond on
The standard for entry of a Final Restraining Order (FRO) under the NJ Prevention of Domestic Violence has been long established by the Courts (and discussed many times on this blog); under the seminal case Silver v. Silver, in order to obtain an FRO, the plaintiff must have a qualifying relationship with the defendant,…
Repeated Trespass Considered Act of Domestic Violence
By Sandra C. Fava on
The decision of Tinfow v. Tinfow, is an appeal from a post-judgment, final restraining order, against Mr. Tinfow for entering the marital home without prior written authorization from Mrs. Tinfow.
The parties had been married for fifteen years and had two children. In 2006, the Tinfows began a bitter and litigious divorce action. Throughout…