Domestic Violence Restraining Orders--Balancing the Children's vs. the Parents' Rights
In the recent case of Finamore v. Aronson, the New Jersey Appellate Division balanced a spouse's right to protection under a Domestic Violence Final Restraining Order against the other parent's right to attend their children's activities.
The wife had obtained a Restraining Order prohibiting her former husband from being "anywhere in her presence." She then sought to prohibit the husband from attending the children's athletic, school and extracurricular activities at which she was also present.
Judge Maira Lihotz, writing for the Appellate Court stated that the Court issuing a restraining order must balance a party's right to protection from violence against the children's rights to have the other parent attend and see their activities.
The Court reasoned that the risk of violence had to be assessed in the context of the event and environment, and that the issuing had the statutory authority to describe or delineate the areas of no contact.
Technorati Tags: New Jersey : Divorce
