Cesare v. Cesare

Mrs. Cesare sought a restraining order against her husband under the Prevention of Domestic Violence Act following an argument about ending their marriage. During this argument Mr. Cesare allegedly threatened Mrs. Cesare that she would never get custody of their children, and that he would never sell the house and share the proceeds. Prior to this argument, Mr. Cesare had threatened he would kill her, or “get someone else to do it very cheaply” before she got custody of their children or shared assets. Mr. Cesare was on medication for depression and kept three loaded guns in the house. Fearing for her safety, Mrs. Cesare took her children to the police that night. The superior court granted Mrs. Cesare a temporary restraining order despite there being no explicit threats to kill Mrs. Cesare that night, finding that under the totality of the circumstances, there was sufficient cause to issue the order based on the couple’s prior history, course of conduct, and the credibility of the different witnesses. The appellate division reversed the superior court’s holding and found that the trial court’s ruling constituted a “manifest denial of justice” and that Mr. Cesare’s conduct did not qualify as a terroristic threat, required under N.J.S.A. 2C:12-3(b). The court found the record lacked statements that were intended to put Mrs. Cesare in imminent fear of her life, and that the trial court should have used a reasonable person standard rather than a subjective one. The court of appeals in New Jersey reversed and found that there was sufficient evidence to support the trial court’s finding. The court found that the Domestic Violence Act has broad legislative intent and that an appellate court should give a deferential standard of review to a trial court. The court noted that the Domestic Violence Act was “intended to ‘assure the victims of domestic violence the maximum protection from abuse the law can provide’.”

Geographical location 

Year 

1998

Jurisdiction 

Avon Center work product 

ID 

549