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Case Notes
No Final Restraining Order Without Findings Of Fact
A final restraining order (FRO) issued by a New Jersey court has been vacated because the FRO came about not after a court's finding that it was necessary to protect a plaintiff, but as part of a settlement agreement. J.S. v. D.S., 2016 N.J. Super. LEXIS 148 (App. Div. 12/5/16).
Pursuant to New Jersey's Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 to -35) (the Act), the plaintiff wife obtained a temporary restraining order (TRO) against her husband. The parties later entered into a settlement agreement, the terms of which required the husband to accept the entry of an FRO in exchange for his exclusive occupancy of the marital home pending further order. The judge overseeing the case accepted the parties' terms and entered the FRO without ever conducting a hearing or otherwise looking into the circumstances requiring an FRO; the judge did not ask the wife to testify as to the harm she had suffered or feared, and the defendant was not asked to admit to committing any wrongs against his wife.
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