Restraining orders are court orders which are designed for when immediate protection from an abuser is necessary.
Unfortunately, often times, parties in a deteriorating relationship seek restraining orders as an attempt to alienate parents from their children, even when none of the alleged acts of domestic violence involved the children.
In a big win for children who've done nothing wrong and deserve a father and a mother in their lives, the New Jersey Appellate Division just gave a huge N-O to such practices.
The parties in the matter are identified by their initials, M.P.H., Plaintiff-father and S.M.S. Defendant-mother.
On August 14, 2023, plaintiff obtained a temporary restraining order (TRO) after filing a domestic violence complaint alleging defendant committed predicate acts of harassment.
After hearing the testimony and reviewing the evidence, which included a prior history of domestic violence, the judge issued a final restraining order (FRO), finding that plaintiff proved by a preponderance of the evidence the predicate act of harassment and an FRO was necessary for his protection.
The judge granted plaintiff temporary custody of the parties' children and possession of their residence. He also restrained defendant from returning to their residence and daughters' schools. Further, the judge awarded defendant no parenting time - without explanation.
The defendant appealed to the New Jersey Appellate Division, arguing that reversal of the FRO is warranted because the judge failed to address her parenting time with the parties' daughters and totally restrained her from their schools.
The judge failed to consider the children's best interests and that none of the alleged acts of domestic violence involved the children, she argued.
In a written ruling just released, Judges Susswein and Judge Perez Friscia agreed.
"We have held that the PDVA mandates that a restraining order "'shall protect the safety and well-being of the [victim of domestic violence] and minor children and shall specify the place and frequency of parenting time. Parenting time arrangements shall not compromise any other remedy provided by the court by requiring or encouraging contact' between the parties." Finamore v. Aronson, quoting N.J.S.A. 2C:25-29(b)(3)); see Chernesky v. Fedorczyk, noting that "familial relationships may be fundamentally altered when a restraining order is in effect.
"Further, "[w]hile striking this balance the court must keep sight of the benchmark of the best interest of the child." Finamore, 382 N.J. Super. at 523. The judge's decision lacked specific findings regarding defendant's parenting time. R. 1:7-4(a) (requiring trial courts to make sufficient "find[ings] [of] . . . fact[s] and state [their] conclusions of law").
"Accordingly, we remand and direct the trial judge to determine whether the FRO still governs custody and parenting time. If defendant's parenting time and ability to attend the children's school have not been addressed, a plenary hearing will likely be required to render a decision on these issues," the Appellate panel concluded.
The winning attorneys are Lindsay A. McKillop, Rajeh A. Saadeh, and Sierra K. Chandler Esq. of The Law Office of Rajeh A. Saadeh, LLC.
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2 comments:
It is now 13 years since my kids where stolen from me today they are in their twenties and I am nothing to them they are my true love the pain is so hard to bare. I am nothing since my ex got a restraining order and in new jersey it is for life help me get my family back
It is high time, that the bais din system in Lakewood, come out unified that anyone that files a restraining order whether Final( FRO)or temporary (TRO)without permission from a BD, be automatically denied any standing to appear before BD, the TRO process which is for extreme circumstances has been weaponized by people and being used to get concessions because of the TRO that has been used to alienate children based on fabricated allegations
Of the courts have ruled on this already the BD should firmly follow, the greatest abusers of the TRO in Lakewood are two known attorneys, Cipora Winters and her protege Leah Lederburger, both have alienated children as paid mercenaries for clients, giving no care to the destruction they have left in their wake. It is time for this abuse to be ended, and the TRO and FRO to be closely monitored with only a BD permission to be filed and only with the language they allow, not to include children when no threat the welfare exists.
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