The immediate answer is a definitive YES. Many people are under the false impression that domestic violence requires physical violence for the Court to protect the victim by entering a Temporary Restraining Order (TRO) or a Final Restraining Order (FRO). It is important for both sides – the victim and the abuser – to understand that an act of domestic violence can occur even in the absence of a physical confrontation. Various types of conduct can qualify as domestic violence.
“Defense counsel asserted at oral argument an FRO may be issued only if the court finds that a defendant poses a risk of physical violence to the victim. We reject that narrow interpretation of the PDVA. Although the prevention of physical harm is without question one of the statute’s most critical objectives, the PDVA also protects domestic violence victims from emotional harm and control inflicted by domestic violence offenders. The Legislature stated unequivocally its intent “to assure the victims of domestic violence the maximum protection from abuse the law can provide.” N.J.S.A. 2C:25-18. The definition of domestic violence set forth in N.J.S.A. 2C:25-29(a), moreover, expressly includes harassment under all sections of N.J.S.A. 2C:33-4, thereby encompassing verbal, non-physical forms of harassment, subject to the constitutional limitations explained in Burkert and Hoffman. Defendant’s contention that the term domestic violence for purposes of the second Silver prong means physical violence is simply wrong.”
E.H. v. K.H., New Jersey App.Div., September 10, 2020
This decision supports the interpretation of the law as practiced by The Durst Firm. If you have questions about the domestic violence process we are here to help.
