06-06-12
S.K. VS. J.H. (A-1358-11T2)
Plaintiff
brought this suit pursuant to the Prevention of
Domestic
Violence Act, N.J.S.A. 2C:25-17 to -35, as a result of
being
atrociously assaulted by defendant, who, along with
plaintiff,
was on a trip to Israel with approximately forty
others. In seeking to prove the existence of a
"dating
relationship,"
plaintiff was able to show only that, on the
evening
of the assault, she and defendant sat together, danced
together,
and were together for a few hours at the bar. The
trial
court found a "dating relationship" and entered a final
restraining
order.
In considering defendant's appeal, the
court deferred to
the
trial judge's finding that the parties' interactions
constituted
a "date" but rejected the argument that this one
date
constituted the "dating relationship" required by the Act.
Although
the Legislature did not expressly define what it meant
by
a "dating relationship," the court found from the majority of
those
other states that have defined the term that a "dating
relationship"
is a romantic social relationship, which is
further
defined by its frequency and duration but which excludes
casual
or ordinary fraternization between two individuals in a
business
or social context. As a result of
this generally
accepted
meaning of "dating relationship," the court held that a
single
date was insufficient and reversed. - 06-06-12
