May 4, 2007

New Jersey: Final Restraining Order Reversed on Grounds that Complaint was Insufficient

Loveland v. Hauke, N.J.Super.A.D., 2007 (unpublished opinion).

This is a domestic violence case where the plaintiff alleged defendant acted with a purpose or intent to harass.

The plaintiff, in attempting to explain her fear, attempted to testify to incidents that were not outlined in her complaint. In fact, the plaintiff informed a police officer that there were no prior instances of domestic violence. Therefore, the plaintiff was not allowed to testify to any incidents before the incident at issue.

The Trial Court issued a Final Restraining Order. Defendant appealed.

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