In a Decision – M.S. v. D.H. (an "Unreported Decision") >> the Court Held:
The Appellate Division affirmed the Trial Court and held that the access to weapons demonstrated a basis for fear under the Domestic Violence
statute.
Plaintiff alleged that Defendant made death threats against plaintiff and other acts. Plaintiff stated that he was frightened by Defendant, alleging that Defendant had described himself as ex-military and had also shown Plaintiff his heavily-stocked gun locker. The Appellate Division held that since a predicate act of Domestic Violence occurred, the record supported the Trial Court's conclusion that a FRO was necessary to protect Plaintiff given Defendant's access to weapons.