Connell Foley's Pro Bono team led by Partner Patricia Lee, and including Associate Veronica Chimel and Paralegal Randi Vuich, while working in partnership with the Rachel Coalition, obtained a favorable decision in two consolidated domestic violence appeals before the New Jersey Superior Court, Appellate Division. In a decision issued on April 3, 2025, a three-judge panel unanimously ordered that the challenged orders in both appeals be vacated and that the case be returned for a new Final Restraining Order (FRO) hearing before a different trial court judge.
The case notably involved cross-complaints alleging harassment and assault and also presented a challenging issue involving mental health. After the first FRO hearing, the initial trial court judge denied Connell Foley's client (“S.”) a Final Restraining Order (FRO) but granted one to her accused abuser (“J.”).
In its decision vacating the trial court’s orders, the appellate panel recognized several critical errors that had previously been made, including but not limited to:
- Erroneous finding of a predicate act committed by S. where evidence showed her lack of the requisite mental intent;
- Failure to adequately consider J.'s history of abusing S. and acts of coercion;
- Improper reliance on unidentified "domestic violence literature” that was not presented during the trial; and
- Incorrect application of the "imminent danger" standard in evaluating S.’s need for a FRO.
"I am incredibly proud of our Pro Bono team's achievements in this case," said Patricia Lee, Pro Bono Team Lead, "The dedication and hard work have not only led to restoration of our client’s right to a fair hearing but also highlighted the crucial role of strong legal advocacy in domestic violence cases."
Connell Foley's victory is a testament to the team's unwavering commitment to justice and protecting domestic violence survivors.
Results may vary depending on your particular facts and legal circumstances.
