Blog: Restraining Order
- The Fifth Amendment and Adverse Inferences in FRO Proceedings: A Critical Analysis
Sep 11, 2024
A trial court may not draw an adverse inference in a Case Background In Legal Precedents and Implications The decision references H.E.S. v. J.C.S., 175 N.J. 309 (2003), where the New Jersey Supreme Court, in dicta, emphasized that an unfavorable inference should not be drawn against a defendant who elects not to testify, especially when criminal implications are at stake. Unlike in typical civil cases, where adverse inferences may be drawn, domestic violence...Read More