In a Decision – M.C. v. G.T., (an "Unreported Decision") >> the Court Held:
The Court determined that Without a Final Restraining Order No Restraints could issue.
The Appellate Division determined that the Domestic Violence Act did not authorize entry of a final restraining order absent preponderating evidence that the person committed an act of Domestic Violence
The trial judge specifically determined that respondent failed to prove appellant acted with a purpose to alarm or annoy. However, the trial judge invoked her "equitable powers" and entered a restraining order in respondent's favor. The court noted that restraints may be permitted - based on evidence heard in a failed domestic violence action - in another pending case between the parties. However, here, the trial judge entered restraints against appellant and in respondent's favor in the very action that resulted in respondent's failure to prove appellant committed an act of domestic violence. There being no other pending action, restraints were not permitted to be entered. Accordingly, the restraining order was vacated and the matter remanded for entry of a dismissal order. The law only permits -if it permits anything - the imposition of restraints based on evidence heard in the failed domestic violence action in another pending case between the parties.