What is the standard of proof to find a defendant guilty of violating a restraining order?
The standard of proof in a contempt charge is “beyond a reasonable doubt” rather than the “preponderance of the evidence” standard. The State must also prove that the defendant “knowingly and purposefully” intended to violate the restraining order. 4. I have reconciled with my wife and we are now living together again. Can my wife still file a contempt complaint against me if we start fighting again? In my experience this type of scenario occurs frequently. At the original domestic violence hearing, the parties seem to hate each other just like a heated Yankee and Red Sox rivalry. Quite to my surprise, I routinely receive phone calls from my clients that they reconciled with their spouse or girlfriend even after a restraining order was issued. The law is split on the situation where there is reconciliation by the parties where a restraining order exists. In the case of Mohamed v. Mohamed, 232 N.J. Super. 474 (App. Div. 1989), the court held that a defendant could not be held in contemp
The standard of proof in a contempt charge is “beyond a reasonable doubt” rather than the “preponderance of the evidence” standard. The State must also prove that the defendant “knowingly and purposefully” intended to violate the restraining order. 4. I have reconciled with my wife and we are now living together again. Can my wife still file a contempt complaint against me if we start fighting again? In my experience this type of scenario occurs frequently. At the original domestic violence hearing, the parties seem to hate each other just like a heated Yankee and Red Sox rivalry. Quite to my surprise, I routinely receive phone calls from my clients that they reconciled with their spouse or girlfriend even after a restraining order was issued. The law is split on the situation where there is reconciliation by the parties where a restraining order exists. In the case of Mohamed v. Mohamed, 232 N.J. Super. 474 (App. Div. 1989), the court held that a defendant could not be held in contemp
