'I'm Sure You Didn't Intend to Hurt Her'

Summary


ANYONE WHO THOUGHT New Jersey's progress in protecting women against domestic violence was safe should think again.

A Hudson County judge recently ruled that it's too easy to obtain a restraining order in this state. While this Superior Court ruling is not binding on any other state judge and will almost certainly be challenged, it is still troubling.

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Extract


'I'm Sure You Didn't Intend to Hurt Her'

The judge is concerned that the threshold of evidence needed to obtain a restraining order is too low and possibly unconstitutional. The threshold under current state law is a "preponderance" of evidence, rather than "c...

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