Riker Danzig was gratified to secure a crucial final restraining order (“FRO”) for a victim of domestic violence after an intense three-day bench trial in the Superior Court of New Jersey. Counsel Sarah Heba-Escobar handled the pro bono case for the plaintiff through the Battered Women’s Legal Advocacy Project.
Prior to trial, Sarah obtained an amendment to the temporary restraining order to clarify the lengthy history of domestic violence between the parties, including assaults, sexual violence, terroristic threats, harassment and controlling behavior. Sarah was also successful in opposing the defendant’s Pretrial Motion to Enforce Litigant’s Rights, which sought to enforce an oral agreement by the plaintiff to withdraw her application for an FRO if the defendant attended anger management classes. While the defendant allegedly attended such courses, the Court held that there was no meeting of the minds between the parties and that it would be unjust to hold the plaintiff to her oral agreement.
At the trial for the final restraining order, Sarah applied for an adverse inference against the defendant for his failure to testify. Judge James DeMarzo entered the FRO against the defendant, finding that the defendant had engaged in the predicate acts of harassment and terroristic threats, and commented that the Court also considered the disturbing prior history of domestic violence.
Riker Danzig has long been committed to pro bono efforts and community service, and encourages active engagement in pro bono cases by its attorneys.
