TRO reversed where judge failed to establish 2nd prong of Silver case J.E. v. S.Q.

TRO reversed where judge failed to establish 2nd prong of Silver case J.E. v. S.Q.  

Plaintiff appealed the FRO entered against him and the dismissal of his application for an FRO against defendant. Defendant was the adult child of plaintiff's deceased wife and lived with plaintiff and his minor children. Plaintiff filed a domestic violence complaint against defendant alleging she harassed him after an argument about her use of his car. The same day, defendant filed a domestic violence complaint against plaintiff based on the argument about the car and trial court entered TROs against plaintiff and defendant. Both parties testified at trial. Plaintiff alleged he opened defendant's door and she began screaming and kicking him and testified that she texted his child that he had substance abuse problems. Plaintiff admitted he had placed a tracking device on defendant's car because he had co-signed the loan for the car and had given her permission to use his car on the day of the argument. Defendant alleged plaintiff entered her room, hit her and dragged her out of bed by her legs and tracked her movements and harassed her boyfriend when he was with her. Court noted trial court's findings of fact were sparse and found neither party established the second prong of the Silver analysis. Defendant had moved out of the house and there was no evidence the parties needed to cross paths in the future.Source Daily briefing https://www.law.com/njlawjournal/almID/1612814653NJA084019/