In a Decision – DC v BC (an "Unreported Decision") >>
the Court Held:
The Trial Court, as a Decision of first impression, set forth that a knowing violation of a temporary restraining order meets the first prong of a two-pronged test. Two or more separate acts, even if each independently insufficient to meet the two-prong Silver test for entry of a restraining order, may in the aggregate satisfy Silver and constitute a sufficient basis for entry of a restraining order. The right of a plaintiff to seek a final restraining order, based upon a defendant's knowing violation of a temporary restraining order, exists independently of whether defendant’s violation is, or can be, the subject of separate contempt proceedings in an action for violating a restraining order under the court's “FO” docket, pursuant to N.J.S.A. 2C:25-30 and 2C:29-9. The August 17, 2015 amendments to the Domestic Violence Act apply equally to knowing violations of all restraining orders issued under the statute, whether final (FRO) or temporary (TRO) in nature. The trial court must also consider the second prong of the Silver test, i.e., that a final restraining order is necessary to protect the plaintiff under the factual circumstances of the case. The second prong is a requisite step in the Silver analysis, irrespective of whether the predicate act is a violation of a temporary restraining order under N.J.S.A. 2C:25-19(a)(17), or any other act of alleged domestic violence as defined under N.J.S.A. 2C:25-19(a).