In a Decision – P.E.O. v. R.J. (an “Unreported Decision") >> the Court Held:
The Appellate Division held that trial court erred in overemphasizing the
lack of prior physical abuse between the parties and reversed the denial of Domestic Violence.
Plaintiff’s Wife, a black belt in martial arts and kickboxing instructor, was claimed to have assaulted Plaintiff, causing physical injuries, and also false imprisonment.
The Trial Court primarily denied the FRO because no history of domestic abuse existed. The Appellate Division determined that the Trial Court's denial of the FRO in these circumstances is contrary to the interests of justice and the purpose of the PDVA.
"When the predicate act is an offense that inherently involves the use of physical force and violence, the decision to issue a FRO 'is most often perfunctory and self-evident.'" A.M.C., 447 N.J. Super. at 417 (quoting Silver, 387 N.J. Super. at 127).