Knowing Conduct Not An Element Of DV Harassment – Silva v. Ramos (UNP)

Today’s UNPUBLISHED Appellate Division decision in Silva v. Ramos makes it clear that proof of harassment requires evidence of purposeful conduct. In this domestic violence case, the defendant got into an argument with his former live-in girlfriend, in anger, made vague verbal threats and proceeded to smash up some of his own property with a sledge hammer. The trial judge held that, based upon his conduct, he or knew or should have known that his behavior was likely to harass the plaintiff.

The Appellate Division reversed and ruled that domestic violence harassment requires a purpose to harass or seriously annoy. Proof of knowing conduct is not an element of the harassment offense.

Download a copy of the UNPUBLISHED decision in Silva v. Ramos

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