NEW JERSEY Part 33

Criminal charges require proof beyond a reasonable doubt. Domestic Violence Restraining Orders do not. Persons seeking a DVRO only need prove their case by what the legal system calls a “preponderance of the evidence.” That is just a fancy phrase that means that the allegations are more likely true than not. The person who makes that determination is a single judge. If that single judge has doubts whether the plaintiff is telling the truth, the judge will often resolve those doubts in the plaintiff's favor. This is because many judges live in fear that if they refuse to grant the Order, the defendant may do something violent against the plaintiff, resulting in unfavorable publicity for the judge in newspapers, on television, and on You Tube. For all those reasons, it is much easier for a plaintiff to get a restraining order than it is for the State to prove the alleged criminal charge upon which the restraining order is based.