We are working remotely during these trying times to make sure we can still support you in all your legal matters.
Please know you can call us or schedule online appointments for any of your legal matters. Be well and stay safe.
Serving New Jersey Since 1984
Our Location
The Law Office Of
Miller & Gaudio PC
Call Us Today. We Can Help.
Passion, Competence And Results Are
The Hallmarks Of Our Success

Case Law Review for the Week of April 28, 2014

On Behalf of | May 5, 2014 | Uncategorized |

C.C. v. T.W.C., Appellate Division, May 2, 2014, Unreported Decision: In this Appellate Division case, the Court was confronted with an appeal from a denial of a request for entry of a Final Restraining Order. The trial court had concluded that in the midst of an argument between a husband and a wife, who were in the process of obtaining a divorce, regarding the use of a car, (a) the trial court must be cautious in granting a restraining order in the context of a divorce and (b) there was no showing of a purpose to injure. The Appellate Division affirmed the trial court’s decision citing the relevant inquiry as follows:

“First, the judge must determine whether the plaintiff has proven, by a preponderance of the credible evidence, that one or more of the predicate acts set forth in N.J.S.A. 2C:25-19a has occurred. [W]hen determining whether a restraining order should be issued based on . . . any of the predicate acts, the court must consider the evidence in light of whether there is a previous history of domestic violence, and whether there exists immediate danger to person or property. The second inquiry, upon a finding of the commission of a predicate act of domestic violence, is whether the court should enter a restraining order that provides protection for the victim. Although this second determination . . . is most often perfunctory and self-evident, the guiding standard is whether a restraining order is necessary, upon an evaluation of the factors set forth in N.J.S.A. 2C:25-29a(1) to -29a(6), to protect the victim from an immediate danger or to prevent further abuse. Rather, as the judge found, the incident amounted to no more than a battle of wills, a tug of war…we defer to the judge’s finding that the evidence established only a dispute between a couple in the midst of a breakup, disagreeing over the use of an automobile.” [citations omitted]