In a Decision – A.S. v. V.S. (an "Unreported Decision") >> the Court Held:
The Court determined that when a Domestic Violence complaint is filed on or about the same time as the commencement of other family court litigation, the court may appropriately consider the proximity of the filings as relevant on issues of credibility, motivation, bias, and the possibility that a plaintiff filed the domestic violence application to gain a legal advantage..
The parties appeared in family court under the domestic relations docket to address legal custody, residential custody, parenting time and support. Five days prior to the continuance of the proceedings, plaintiff filed a domestic violence complaint The court granted plaintiff a temporary restraining order and cancelled and adjourned the prior family division proceedings pending disposition of the domestic violence The court concluded that plaintiff proved by a preponderance of the evidence she was entitled to a restraining order for reasonable protection.