In a Decision – R.M. v. K.E.L (an "Unreported Decision") >> the Court Held:
The Appellate Division determined that the Trial Court did not properly evaluate the matter in finding that one party “probably” committed Domestic Violence and that “at some point someone is going to get hurt” .
Substantively, a trial court hearing an application for a FRO must make two determinations: (1) whether the plaintiff had proved by a preponderance of the evidence that defendant committed an act of domestic violence; and, if so, (2) whether a restraining order was necessary to protect the plaintiff. Here, the Appellate Division reversed holding the trial court concluded the parties “probably” committed acts of domestic violence without specifying which act or acts were committed. As such, the first Silver prong was not sufficiently analyzed by the trial court. Moreover, the same conclusion was reached as to the second prong given the trial court made a conclusory finding that “at some point someone is going to get hurt.” As the trial court failed to engage in the requisite Silver analysis, the court reversed and remanded for further proceedings.