New Jersey Final Restraining Order Affirmed Over Accidental Breaking of Window
Docket No. A-0135-23
Decided January 14, 2025
Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark.
In a recent unpublished opinion the Appellate Division of New Jersey affirmed the entry of a Final Restraining Order (FRO) despite a window being broken accidentally.
In N.M.D.I. v. H.R.S., plaintiff began dating defendant in July 2020. At the time, she was twenty years old, and defendant was nineteen years old. They had known each other since middle school. After they dated for approximately two-and-a-half years, plaintiff ended their relationship in February 2023.
Plaintiff obtained a temporary restraining order (TRO) after filing a domestic violence complaint on June 25, alleging defendant committed the predicate acts of harassment, N.J.S.A. 2C:33-4(c), and criminal mischief. Plaintiff alleged one incident of domestic violence.
At the FRO trial, plaintiff was self-represented, and defendant appeared with counsel. Plaintiff testified that on June 25 at approximately 12:30 a.m. she heard a “very loud bang[]” while asleep in her bedroom. She later realized the noise was caused by her bedroom window being broken. Because she did not know what happened and was frightened, plaintiff began screaming for her mother. Plaintiff’s bedroom was on the second floor and faced the back of her residence. She explained that for someone to get to her window, “[they] ha[d] to go all the way around the [back of the] house” on the grass.
Plaintiff recalled “panicking a little bit,” because she was unsure what caused the window to break. She went outside with her mother to investigate and called a friend to come over. They discovered a rock about the size of her fist was “thrown through [her bedroom] window.” Her friend also found a cellphone “on the side of [plaintiff’s] house,” which plaintiff recognized as defendant’s phone from the screen background. Plaintiff’s mother called the police.
Defendant testified that on June 25 he drove to plaintiff’s residence and went in her backyard because he wanted “to get [plaintiff’s] attention.” He had hoped “it could be romantic” and threw a rock at her window, believing “it would . . . bounce[] back.” After the “[g]lass shattered, [he] got scared, [because] it was extremely loud, and ran . . . away.” He admitted his relationship with plaintiff had been “toxic” but relayed having “a lot of love for her family” and “for her.” Shortly after the court issued the TRO, he offered to pay for the window. Defendant maintained he only wanted plaintiff’s attention and had no intention to hurt her.
After hearing the parties’ testimony, the court found plaintiff had proved the predicate act of criminal mischief by a preponderance of the evidence but found plaintiff failed to prove defendant committed harassment. The court also found an FRO was necessary to protect plaintiff from immediate or future acts of domestic violence.
Defendant appealed and the Appellate Division affirmed, finding no reason to disturb the trial court’s decision.
Final restraining orders have severe consequences in New Jersey. Even a single act of domestic violence that appears to be accidental can be domestic violence if the defendant knew or should have known that the conduct would result in property damage or harassment in light of the parties’ history of a toxic relationship. Be sure to hire an experienced attorney to prepare you for trial to adequately defend and avoid the consequences of an FRO.
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 Bass River, Beverly, Bordentown City, Bordentown Township, Burlington City, Burlington Township, Chesterfield, Cinnaminson, Delanco, Delran, Eastampton, Edgewater Park, Evesham, Fieldsboro, Florence, Hainesport, Lumberton, Mansfield, Maple Shade, Medford Lakes, Medford Township, Moorestown, Mount Holly, Mount Laurel, New Hanover, North Hanover, Palmyra, Pemberton Borough, Pemberton Township, Riverside, Riverton, Shamong, Southampton, Springfield, Tabernacle, Washington Township, Westampton, Willingboro, Woodland Township, and Wrightstown.
