Quotations from NJ Family Case Law
Restraining Orders
A restraining order may not be issued under the Act unless
the judge finds that defendant committed one of the offenses
defined in N.J.S.A. 2C:25-19. Cesare v. Cesare, 154 N.J. 394,
400 (1998). Moreover, mere commission of the offence is not
enough by itself. Id. at 401-02. In addition, the judge must
consider the parties' history, previous threats and physical
abuse, as well as whether there is immediate danger to the
plaintiff. Ibid.; N.J.S.A. 2C:25-29(a).
(In Nieves v Reece, 2006 NP A-6122-04t1)
"...the trial judge pointed out that this was obviously
a
credibility question. He took into account the parties'
demeanor, as well as their interest in the outcome of the
pending application for removal and the inherent believability
of their testimony. He found plaintiff's (female)
testimony more credible
than defendant's (male) and that "either
the defendant or an agent of
the defendant" was responsible for sending the letters; and that
defendant's conduct "was part of a pattern of domestic violence"
involving
power and control over plaintiff (female
victim). The final
restraining order was entered against defendant."
In Norcia v Norcia (06-29-06), NP, nj, A-6082-04T2
Emphasis added to elicit intellectual debate
Credibility is always for the fact finder to determine.
Ferdinand v. Agric. Ins. Co., 22 N.J. 482, 492 (1956). "A case
may present credibility issues requiring resolution by a trier
of fact even though a party's allegations are uncontradicted."
D'Amato by McPherson v. D'Amato, 305 N.J. Super. 109, 115 (App.
Div. 1997). We are not at liberty to disturb the fact finder's
credibility determinations when they are supported by the
record. State v. Locurto, 157 N.J. 463, 470-71 (1999).
In Norcia v Norcia (06-29-06), NP, nj, A-6082-04T2
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06/26/2006