{"id":2706,"date":"2020-09-14T16:27:43","date_gmt":"2020-09-14T20:27:43","guid":{"rendered":"https:\/\/thedurstfirm.com\/?p=2706"},"modified":"2020-09-11T16:36:40","modified_gmt":"2020-09-11T20:36:40","slug":"if-i-didnt-get-hit-is-it-still-domestic-violence","status":"publish","type":"post","link":"https:\/\/thedurstfirm.com\/?p=2706","title":{"rendered":"If I didn’t get hit, is it still domestic violence?"},"content":{"rendered":"\n

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. <\/p>\n\n\n\n

\u201cDefense 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.\u201d<\/p>

E.H. v. K.H., New Jersey App.Div., September 10, 2020<\/p><\/blockquote><\/figure>\n\n\n\n

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. <\/p>\n","protected":false},"excerpt":{"rendered":"

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). … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"_wpas_customize_per_network":false},"categories":[28],"tags":[36,187,121,47],"class_list":["post-2706","post","type-post","status-publish","format-standard","hentry","category-durstfirm-news","tag-domestic-violence","tag-hurt","tag-lawyer","tag-nj"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6omM8-HE","jetpack_likes_enabled":true,"jetpack-related-posts":[{"id":2001,"url":"https:\/\/thedurstfirm.com\/?p=2001","url_meta":{"origin":2706,"position":0},"title":"Can past acts of domestic violence be considered at my FRO hearing?","author":"Sandy Durst","date":"January 25, 2016","format":false,"excerpt":"New Jersey takes protecting victims of domestic violence very serious. \u00a0But in doing so, the law must also protect the due process rights of the alleged abuser. \u00a0When seeking a Temporary Restraining Order or a Final Restaining Order, the victim must identify and prove beyond a preponderance of the evidence\u2026","rel":"","context":"In "Durst on Divorce"","block_context":{"text":"Durst on Divorce","link":"https:\/\/thedurstfirm.com\/?cat=27"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":997,"url":"https:\/\/thedurstfirm.com\/?p=997","url_meta":{"origin":2706,"position":1},"title":"Finding of ongoing need for protection required for entry of Final Restraining Order","author":"Sandy Durst","date":"January 31, 2013","format":false,"excerpt":"A recent unreported Appellate Division decision highlights an important component of the analysis required to determine if a Domestic Violence Restraining Order is necessary in a particular case. Court are called upon to determine when routine domestic squabbles cross the line and constitute domestic violence. When deciding if a final\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2591,"url":"https:\/\/thedurstfirm.com\/?p=2591","url_meta":{"origin":2706,"position":2},"title":"Resolving your domestic violence case with civil restraints? Be careful of what you ask for!","author":"Sandy Durst","date":"June 6, 2017","format":false,"excerpt":"Domestic violence continues to be a problem throughout NJ.\u00a0 In many cases, the entry of a Final Restraining Order (FRO) is the best course of action for promoting the ongoing safety of the victim.\u00a0 However, there are serious implications to the entry of FRO that can further complicate a divorce\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2012\/05\/mun-court-300.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":1380,"url":"https:\/\/thedurstfirm.com\/?p=1380","url_meta":{"origin":2706,"position":3},"title":"Appellate Court explains necessary findings for a domestic violence case","author":"Sandy Durst","date":"May 9, 2015","format":false,"excerpt":"Under NJ law, issues of domestic violence are taken seriously and are decided in accordance with the Prevention of Domestic Violence Act.\u00a0 When deciding whether an act of domestic violence occurred and whether a restraining order is necessary to protect the victim, there are many factors for the court to\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1198,"url":"https:\/\/thedurstfirm.com\/?p=1198","url_meta":{"origin":2706,"position":4},"title":"What do I need to prove in order to get a restraining order?","author":"Sandy Durst","date":"October 10, 2013","format":false,"excerpt":"In order to obtain a domestic violence restraining order under NJ law, the alleged victim must show (1) that the offending party had the intent to commit the underlying act, and (2) that the issuance of a restraining order is necessary for ongoing protection.\u00a0 If the court does not make\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":911,"url":"https:\/\/thedurstfirm.com\/?p=911","url_meta":{"origin":2706,"position":5},"title":"Prior history of Domestic Violence not proper basis to issue a restraining order","author":"Sandy Durst","date":"October 15, 2012","format":false,"excerpt":"When a victim of domestic violence is seeking a restraining order, NJ courts are required to examine the acts or acts which prompted the request for a temporary restraining order as well as the past history of domestic violence, if any exists.\u00a0 The prior acts do not have to have\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/2706","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2706"}],"version-history":[{"count":1,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/2706\/revisions"}],"predecessor-version":[{"id":2707,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/2706\/revisions\/2707"}],"wp:attachment":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2706"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2706"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2706"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}