Sunday, December 11, 2016

J.S. VS. D.S. A-5742-14T2


J.S. VS. D.S.
          A-5742-14T2
Defendant appealed a domestic violence final restraining order (FRO), claiming it was void upon entry despite the parties' settlement of matrimonial issues that included defendant's consent to the FRO because the judge did not find an act of domestic violence had occurred. A few days before the scheduled date for oral argument in this court, the parties stipulated to a dismissal of the appeal that would allow for the perpetuation of the FRO. Notwithstanding their agreement, the court exercised its discretion, pursuant to Rule 2:8-2, and determined that the interests of justice required a disposition of the appeal's merits; the court vacated the FRO due to the lack of a finding of domestic violence, reinstated the TRO, and remanded for a final hearing. 

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.