Articles
Articles in the ‘Domestic Violence’ Category
New Jersey Domestic Violence Minors and Testimony
On July 30, 2012 a bill was introduced in the New Jersey State Assembly that would permit a domestic violence victim who is a minor (16 years old or younger) to testify against an alleged abuser via closed circuit television in prosecutions for a crime or offense involving domestic violence. Under the bill, the court may, following a hearing order the taking of the testimony out of the presence of the jury, defendant, or spectators. Closed circuit testimony would be allowed if the court determines by clear and convincing evidence that there is a substantial likelihood that the witness would suffer severe emotional or mental distress if required to testify in open court. New Jersey Assembly Bill A-3219
New Jersey Domestic Violence and Due Process
By relying on acts not pleaded in the complaint, the trial court violated the defendant’s due process rights. This was reversible error and the case was remanded for a new trial before a different judge. A.G.D. v C.C.C., New Jersey App. Div., October 29, 2012
New Jersey Domestic Violence and Use of Recordings
The several sections of the recording were played at the hearing, but the recording was neither introduced as evidence nor transcribed. The Appellate Division issued a caution for trial court judges to ensure that recordings played for their consideration are preserved for appellate review. J.I. v. R.I., New Jersey App. Div., October 17, 2012
Use of Testimony Obtained in Domestic Violence Proceeding
Testimony in a domestic violence proceeding may be used for impeachment in a related criminal case, despite a statute barring its use as affirmative evidence. Though N.J.S.A. 2C:25-29(a) appears to prohibit any use of the testimony in a criminal trial, such a broad interpretation “would interfere with a defendant’s rights under the confrontation clause.” State v. Duprey, New Jersey App. Div., August 1, 2012
Despite Atrocious Violent Acts There Was No Dating Relationship for Issuance of FRO
The facts are graphic–there’s no dispute defendant committed acts of physical violence on the victim. The parties were on trip to Israel with other people. They had a single date. The Appellate Division determined a single date is not enough to constitute a “dating relationship” for purposes of the Prevention of Domestic Violence Act S.K. v. J.H., N.J. Super [App. Div. 2012]; New Jersey App. Div., June 6, 2012 [See Post addressing Assembly Bill 2743 introduced on March 15, 2012 addressing the issuance of FRO's in nondating relationship circumstances].
Expanding the Scope of Restraining Orders
Assembly Bill No. 2743 was introduced on March 15, 2012 by Assemblywoman Valerie Huttle wherein New Jersey law would allow the issuance of a restraining order to be entered against a casual acquaintance, a co-worker or even where the alleged victim does not know the defendant as long as a predicate act (i.e. harassment, terroristic threat) is proven. New Jersey Assembly Bill No. 2743
Finding of Domestic Violence Reversed
The Appellate Division reversed the trial court’s findings that the former husband committed an act of domestic violence sending the former wife emails. The panel determined since the former wife did not object to the content of the emails in question but rather their volume the trial court erred finding the volume alone constituted an act of harassment under the PDVA. E. L. v. R.L.M., New Jersey App. Div., May 30, 2012
Domestic Violence Proceeding and Due Process
The Appellate Division reversed the trial court’s finding of domestic violence finding defendant was denied due process not being afforded the right to cross examine the plaintiff and allowing her to amend the complaint mid-hearing to include the predicate act of harassment. J.A. v. A.J.S., New Jersey App. Div., March 27, 2012
What Are the Circumstances to Dissolve a Final Restraining Order?
The Appellate Division determined given the conduct of the parties during the course of 24 years after after the issuance of the final restraining order it is appropriate for the trial court to consider on motion whether the restraints should be vacated. P.S. v. G.S., New Jersey App. Div., December 21, 2011
Domestic Violence Guardian ad Litem Appointment for Minor Victim
This is another example of Judge Jones writing an excellent decision approved for publication. The court determined a minor plaintiff victim in a domestic violence proceeding has a right to court-appointed counsel when an adult defendant is represented by a private attorney. J.L. v. G.D., , New Jersey Ch. Div., October 25, 2011
