New Jersey Final Restraining Order Affirmed Over Differing Testimony Regarding Assault
Docket No. A-2056-22
Decided August 20, 2024
Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark.
In a recent unpublished decision the Appellate Division of New Jersey affirmed a Final Restraining Order (FRO) after the parties had differing testimony over an alleged assault.
In D.E.H. v. B.W.M., Plaintiff and defendant met online and were in a dating relationship. According to plaintiff, on January 19, 2023, she met defendant after work. They drove to defendant’s college in his car because he wanted to speak with his professors. After leaving the college, they went to a park in Brooklawn. While in the parked car, defendant wanted to be “intimate.” Plaintiff claimed that she did not want to be intimate after defendant opened his cellphone and she saw his Instagram with photographs of half-naked women. Plaintiff wanted to talk to defendant about those photographs because that was not the first time she saw that content on his cellphone. Defendant restated that he wanted to be intimate and moved to the backseat of the car. Plaintiff remained in the front seat and insisted they talk.
Defendant thereafter became aggressive, “put his hands on [her] multiple times,” punched, and choked her. Plaintiff testified that she had marks on her neck and ear and bruises on her right shoulder from defendant pushing her into the passenger door.
Defendant testified, They walked back to defendant’s car and had a conversation about how defendant’s conversation with the female classmate made plaintiff feel. They got food and found a private place at the park in Brooklawn to have a conversation. Defendant parked the car, turned on the radio, and “hopped” into the back seat. As defendant was scrolling through his Instagram, plaintiff “hopped” in the backseat and asked defendant why he was on his cellphone. Defendant claimed plaintiff stated: “Oh, you talking to those girls again. Hand me the phone or we’re over.” Defendant replied: “You’re not getting my phone.” He denied choking plaintiff and claimed that he was trying to push her off him. Defendant let plaintiff go after she calmed down
The Court found plaintiff credible and defendant not as credible, finding an assault and granting the Final Restraining Order (FRO) after plaintiff had also established that she credibly feared the defendant. Defendant appealed and the Appellate Division affirmed, finding no basis to disturb the trial court’s granting of the FRO.
Final restraining orders have severe consequences in New Jersey. Often times, domestic violence occurs in a setting where there are no third parties or videos available and it is just competing testimony of the plaintiff and defendant. In those circumstances, the Court determines who is telling the truth. Testimony alone could be enough for the entry of a final restraining order.
If you have questions about final restraining orders, temporary restraining orders, parenting time, alimony, child support, divorce, custody, or appeals, contact the experienced domestic violence attorneys at Hark & Hark today.
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We offer payment plan options to clients financially incapable of providing full payment upfront. If you are facing domestic violence charges similar to this circumstance, please call us to discuss the matter. At Hark & Hark, we represent clients for any case in any county in New Jersey including Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, Monmouth, Ocean, and Salem counties. We represent clients in all towns in New Jersey, including Borough of Clayton, Township of Elk, East Greenwich Township, Township of Logan, Township of Mantua, Township of Monroe, Borough of National Park, Township of Harrison, Borough of Paulsboro, Borough of Pitman, Township of Greenwich, Township of South Harrison, Borough of Swedesboro, Township of Franklin, Borough of Newfield, Township of West Deptford, Township of Washington, City of Woodbury, Borough of Woodbury Heights, Borough of Westville, Borough of Glassboro, Township of Woolwich, Township of Deptford, and Borough of Wenonah.
