An Abused Spouse Need Not Have Had To Disclose Prior Abuse Before Presenting A Claim For Domestic Violence
In a Decision – I.E.A. v. M.A., (an "Unreported Decision") >> the Court Held:
The Appellate Division reversed the Trial Court dismissal of a Domestic Violence.
The Appellate Division held that victims are not required to disclose abuse prior to a judicial proceeding. The court highlighted many possible reasons for not disclosing the abuse, particularly to the person with whom plaintiff was living for months. That particular individual was close to defendant and plaintiff would have jeopardized her safety by disclosing the abuse. The trial court did not make a credibility finding with respect to defendant. The trial court improperly presumed immigration status may have been the reason for a meritless filing when the trial court did not even provide a basis for how the restraining order matter would impact immigration.