In a Decision – J.S. v D.S.- (a "Reported Decision") >>
the Court Held:
The Court determined that even though the parties AGREED to the entry of a Final Restraining Order pursuant to the Prevention of Domestic Violence Act the Court MUST determine that domestic Violence occurred and that the victim fears for their safety.
The parties' settlement of matrimonial issues included defendant's consent to the FRO. Defendant appealed a domestic violence final restraining order (FRO), claiming it was void upon entry . 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. Nevertheless, the Appellate Division 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.