J.D. VS. A.M.W.

J.D. VS. A.M.W. (FV-04-0695-22, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) Plaintiff appeals from the order of the Superior Court, Chancery Division, Family Part, Camden County's dismissing her domestic violence complaint against defendant. The Family Part found plaintiff failed to satisfy her burden under the second prong of Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006). On appeal, plaintiff argued the trial court misapplied the facts to the law regarding Silver's "second inquiry." The court concluded plaintiff satisfied her burden under both prongs of Silver, and also held the Family Part erred when it considered whether plaintiff's current husband and defendant's father could protect her in the future, when the proper focus of a Silver "second inquiry" should be on defendant's likelihood to continue his course of abusive behavior, not whether external factors exist which might thwart defendant's efforts to continue the abuse. The court reversed and remanded to the Family Part for entry of a final restraining order against defendant.