Brian McFadden-DiNicola Successfully Defends Trial Court’s Opinion in Appellate Divisionbr
On November 18, 2014, the Appellate Division issued its' decision in favor of Brian McFadden-DiNicola's client in a case where the client’s spouse appealed the entry of a Final Restraining Order entered against him at trial. He also appealed the dismissal of his Temporary Restraining Order against her. At issue was whether we proved at trial whether there were predicate acts of domestic violence (assault and terroristic threats) in order to satisfy our client’s burden under the Prevention of Domestic Violence Act. The Appellate Division affirmed that we satisfied these burdens, proving that our client was in need of a final restraining order to protect her from future acts of violence. The Appellate Division confirmed the dismissal of the Temporary Restraining Order against our client, affirming the trial court’s determination that he did not satisfy either that a predicate act occurred or that he was in need of protection from her. The Appellate Division found there was sufficient, credible evidence brought out in the trial court record to affirm both the entry of the FRO in our client’s favor and to dismiss the TRO against her. The Appellate Division gave no weight to the spouse’s argument that he was denied due process rights or that the Court should have given greater consideration to his India divorce complaint.