Domestic Violence

Harassment under New Jersey’s Prevention of Domestic Violence Act can take on many forms, one of which, under a given set of facts and circumstances, can involve an individual placing a victim in fear of losing her job.  Recently we handled a matter where the defendant was contacting the victim’s employer and threatening to tell the employer very private details about the victim’s personal life.  Whether the victim would have actually lost her job was one thing, since, more importantly, she had a reasonable fear based on the defendant’s harassment that it would occur.

The facts in J.J. v. J.M. were relatively similar (as each case carries its own details and nuances), as the Appellate Division affirmed in this unpublished (not precedential) case that the defendant’s actions in placing his former girlfriend in fear of losing her job constituted harassment meriting issuance of a Final Restraining Order. …

Continue Reading Harassment Affirmed Where Former Girlfriend Feared She Would Lose Her Job

About a month ago, I blogged on a case that held that putting a GPS in a spouse’s car was not an invasion of privacy because cars travel on public roads and there is no expectation of privacy.  That said, invasion of privacy is a tort so this case really did not address the domestic violence/stalking implications of the conduct.  In fact, at the end of the post, I said:

Now, should people going through a divorce take this as a green light to start placing GPS devices in their spouse’s vehicle. Perhaps not. There have been some that have argued and some judges have found that that conduct would amount to domestic violence – perhaps harassment or stalking. Of course, that begs the question of how the alleged victim could demonstrate the requisite fear or be alarmed, if the did not know of the placement of the GPS and similarly, how it would be stalking if the person did not know that the GPS was recording their movements.  I have no doubt that there will be more to come on this.

Little did I know that more was going to come so soon.  That is, until I read L.J.V.H. v. R.J.V.H., an unreported Appellate Division opinion decided yesterday.  In that case, the court found that the putting a GPS device in an ex-wife’s new boyfriend’s car was stalking and thus domestic violence. 

Apparently, this was not the defendant’s first foray into the use of a GPS.  At the commencement of the original divorce a year prior, the defendant had put a GPS on the wife’s car.  She obtained a TRO which was ultimately resolved by a consent order in the divorce case for restraints, including restraints on stalking.

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Continue Reading So Maybe Using a GPS is Domestic Violence After All

As technology progresses, the use of it rears its head during divorce cases.  One such form of technology is the use of a GPS in a spouses vehicle.  In a reported (precedential) opinion decided on July 7, 2011, in the case of Villanova vs. Innovative Investigations, the Appellate Division affirmed a trial court’s granting of summary judgment, effectively dismissing a husband’s invasion of privacy claim.

In this case, the wife , in the midst of divorce proceedings, hired a private investigator to follow her husband.  The private investigator later suggested that the wife put a GPS device in the family vehicle driven by the husband and she did.  She later used the findings in the divorce case.  During the divorce case, the husband amended his divorce pleading to seek invasion of privacy damages against the wife.  He also tried to add the defendant’s in this case, the private investigator as a defendant in the divorce case but the court would not allow that.  The husband ultimately abandoned his tort claim against the wife in their settlement but reserved his rights to pursue his claim against the private investigator.

The invasion of privacy claim in the case against the private investigator was ultimately dismissed because the court found that there is no expectation of privacy driving over public roads. …

Continue Reading Appellate Division Finds that Putting GPS in Spouse's Car was Not an Invasion of Privacy

This post was written by Melissa M. Ruvolo, a new Family Law associate, in our Roseland office, and soon to be an official contributior to this blog.

Our blog frequently features discussions regarding what constitutes domestic violence to warrant the issuance of a Final Restraining Order (FRO). Perhaps the most frequently alleged “predicate act of domestic violence” is harassment under N.J.S.A. 2C:33-4. What may constitute “harassment” was recently raised in the unpublished Appellate Division decision of A.B. v. L.S.M. decided on May 6, 2011.

The parties were unmarried but had been living together for almost four years. They had two daughters – a 3-year old and a 22-month old. During an argument, the defendant called the plaintiff a “b-tch” and the plaintiff admitted she may also have cursed and yelled at him. The defendant attempted to leave the home but while doing so, got a flat tire. When he tried to fix it with a car jack, the plaintiff twice tried to remove the jack from under the car and the defendant pushed her shoulders each time. She threw the daughter’s sippy cup at his face and broke his nose. Both parties applied for temporary restraining orders, which were dismissed. The defendant eventually moved out of the home and parenting time was ordered by the Court.

Two months later, the defendant went to the plaintiff’s home and knocked on her bathroom window, pleading to speak with her. The plaintiff refused. On the way home from plaintiff’s house, the defendant sent her an apologetic text message stating that he had no idea how much he had hurt her and would leave her alone.

Several days later, when the defendant went to the plaintiff’s home to pick up the children for parenting time, he asked to speak with her. He told her he “really missed her” and wanted to “hug and kiss her.” She responded that she didn’t want to talk to him or “have him touch her.” Later that evening, the defendant sent a text message to the plaintiff claiming the children forgot a teddy bear and blanket. She offered to bring them to his home and he agreed. When the plaintiff arrived at the defendant’s front door, he told her the children were already asleep, leading her to believe that the entire incident was a ploy to get her there. According to the plaintiff, the defendant grabbed her to prevent her from leaving and she told him not to touch her. The plaintiff’s friend, who was waiting in the car, witnessed the defendant give the plaintiff an unwanted “bear hug.”…

Continue Reading Domestic Violence: Bad Haircuts and an Unwanted Hug Can Constitute Harassment

Lately, it seems as if everywhere I turn I am representing a party in a domestic violence matter, whether in relation to or separate from an ongoing divorce matter.  With these recent experiences fresh in my mind, I thought I would take the time to blog about the lawyer’s role in representing a defendant in such matters.  While it is easy to sympathize with the victim, oftentimes it is the defendant who is falsely accused or caught up in a situation where the victim is trying to get a "leg up" over the other party in the context of a divorce. On of our prior post entited the The Abuse and Misuse of the Domestic Violence Statute, published almost 2 years ago, is perhaps our most commented on post.

Whether the person is the victim or defendant, each passing moment is critical in the compressed time between the filing of the domestic violence complaint and the final hearing to determine whether a temporary restraining order should be converted to a final (permanent) restraining order.  I paraphrase one recent client’s opinion as to his wife obtaining a TRO against him – with one call by her to the police, his entire life began crumbling before his eyes as his family and career had been put at risk.  …

Continue Reading One Approach to Legal Representation of a Defendant in a Domestic Violence Matter

The usual result after a domestic violence trial where the parties had been living together at the time of the entry of the Temporary Restraining Order (TRO) is that a Final Restraining Order (FRO) will be entered and the defendant kept out of the home, or the TRO will be dismissed and the defendant would be free to move in.  What usually does not happen, and in the majority of cases cannot happen, is that the trial judge dismissed the TRO but Orders the defendant out of the home anyway.  However, that is exactly what the trial judge did in the case of C.R. v. A.R., an unreported (non-precedential) Appellate Division opinion released on May 5, 2011. The Appellate Division disagreed that this was proper in this case and reversed.

After the trial, the trial judge dismissed the domestic violence complaint, finding that the evidence did not
demonstrate the occurrence of any acts of domestic violence. However immediately upon explaining why the complaint should be dismissed, the trial judge stated the following:

Now, I am somewhat troubled by what [Abby] indicated on the stand. And I think she, in a way, was conveying a message for all the children, and whether she felt, since she’s the oldest and the adult, that she should be the spokesperson for all the girls. But it’s clear that they don’t want the parents living together.

And I —— I tend to agree with them. I don’t think it would be in the parents’ best interest to be living in the house together, in light of what’s been going on.  So, since I do have the matrimonial act case in front of me, I am going to enter civil restraints. And the bottom line is I am going to prohibit [Alan] from resuming to reside in the house. And that’s on a temporary basis and without prejudice, but I think it would be in the best interests of the girls if that happened right now, especially in light of the fact that [Abby’s] going to be leaving shortly, will be out of the country, and I —— assume that she has somewhat been the —— the leader or the caretaker for the girls while this has been going on for the last two months. So, [Alan], I am not going to allow you back in the house to live.

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Continue Reading Trial Judge Says You Didn't Commit Domestic Violence But Get Out – Appellate Division Says Not So Fast

Do I have to continue living with him during the divorce?  Can I force her to leave?  Can I just move out?  If I move out, can I take the children with me?  These questions arise during the course of almost every divorce proceeding, and the answers are often not what people want to hear.

In New Jersey, the general answer to whether you can "make" the other party leave the home during the divorce is "no," except if that other party commits an act of domestic violence that results in a restraining order.  Other than that, the options are limited.  For instance, there exists what is known amongst New Jersey family lawyers as "Roberts" relief, allowing a court to Order the removal of a spouse without an event of domestic violence, so-named after an older case that many courts choose to no longer even follow in light of current domestic violence laws.  We were recently successful in obtaining one spouse’s removal from the marital residence pursuant to Roberts, but the circumstances there were so severe that such relief was warranted to prevent irreparable harm from happening to the children. 

With such limited options, often the only choice for parties is to continue living together during the divorce.  If the parties are able to get along and co-exist, recognizing that children living in the home will potentially be impacted long-term by what goes on in the home during the proceedings, problems are less likely to arise.  By contrast, however, if the matter is acrimonious, there can be few things worse than having to live together, especially if the matter drags on for months, if not years.  During one matter in which we were involved, it took almost three years before the parties ultimately settled.  During that time, the parties continued to reside in the marital home together with their young children.  By the time the matter was complete, one parent had completely alienated the children against the other parent, reunification therapy was necessary and the parties were completely unable to be near each other, let alone communicate in a rational manner.  While filing a motion to address such circumstances is more than appropriate, there is only so much Court intervention can do when it is not there to oversee the day-to-day occurrences in the marital home.…

Continue Reading Living Together During A Divorce – The Right Decision Or The Only Choice?

Previously, I have blogged on the issue of domestic violence and the NJ Prevention Of Domestic Violence Act.  Our courts have carefully scrutinized this Act and its consequences, even determining whether and under what circumstances the issuance of a final restraining order can violate one’s right to due process.  Unfortunately, the issue of domestic violence arises all too often in family courts.

The recently published Appellate Court decision of C.M.F. v. R.G.F. arose from an appeal after the trial court issued a final restraining order against an ex-husband.  The act of domestic violence in question was found to be an act of harassment committed against the ex-wife while at their child’s sporting event.  The main allegation was that the ex-husband screamed and yelled obscenities and other unpleasantries aimed towards his ex-wife.

These parties had gone through a long and tumultuous divorce.  Ironically, in 2007 they agreed to parenting time arrangement for their children.  They’d each reside in the marital home on a 50/50 basis, with one party living in the home for 3 1/2 days/week with the children and leaving 1 hour before the other party arrived and then alternating.  This system seemed to work and avoided the parties having to see each other for quite some period of time.

In January 2009, after filing motions seeking to each have sole possession of the home with the children, an order was entered granting wife possession.  The husband was to continue with the same amount of parenting time but to take place out of the marital home.  On the day the order was received, wife text messaged husband to let him know what was ordered and to advise that she’d be taking their children to their basketball game and he could pick them up there.  She would also leave the children’s overnight bag on the porch for husband’s retrieval.  At some time later that evening, husband appeared at the home and a verbal altercation began between the parties.  Wife called the police who seemingly diffused the situation at that time.…

Continue Reading Domestic Violence Post-Divorce