Obtaining a Final Restraining Order in NJ: the 2-Step Silver Analysis

Sep 21, 2017

In any determination of whether a Final Restraining Order (“FRO”) should be granted, the Prevention of Domestic Violence Act (“PDVA”) comes into play. Under this Act, a court follows a two-step analysis under Silver v. Silver, 387 N.J. Super. 113, 125-126 (App. Div. 2006). The two prongs of the Silver test provide that a court must determine: (1) that the alleged victim has proven by a preponderance of the credible evidence that one of the perquisites set forth in N.J.S.A. 2C:25-19(a) has occurred; and (2) that the restraining order is required to protect the alleged victim from further acts or threats of violence. The second prong will always be assessed based on an analysis of all the facts – a “totality of the circumstances” analysis.