In what has been touted as a monumental victory for Agunot in New Jersey, yesterday, the Appellate Division released a decision stating that a video publicizing a husband’s Get refusal
Continue Reading A Big Win for Get Advocates as Appellate Division Rules that Publicizing Get Refusal Protected by First Amendment
What a judge says before, during or after a hearing “off-the-record” likely sheds light on the Court’s decision making process including, but not limited to, what evidence was considered and
Continue Reading Off-the-Record Comments & the Right to an Impartial Final Restraining Order HearingVictims of abuse have many reasons for not reporting prior acts of domestic violence – either to friends, family, co-workers, etc. or the police. Logically, the failure to report does
Continue Reading A Victim of Domestic Violence Need Not Have Disclosed the Abuse to Another to Establish a Predicate Act of Domestic Violence
More than 11 years ago, I wrote a post on this blog entitled The Abuse and Misuse of the Domestic Violence Statute. From the statistics, we can see that
Continue Reading If You Want to Keep Your Final Restraining Order, Maintaining a Sexual Relationship with the Defendant Is a Bad Idea
I have written about the requirements of obtaining a domestic violence final restraining order (“FRO”) under the New Jersey Prevention Against Domestic Violence Act (“the Act”) previously on this blog.
Continue Reading New Jersey Appellate Division Examines the Meaning of “Dating Relationship” in Domestic Violence Cases.
Hot off the press! A published (precedent setting) trial court decision, E.S. v. C.D. confirms that live-in childcare providers qualify as household members under the Prevention of Domestic Violence Act
Continue Reading LIVE-IN CHILDCARE PROVIDERS QUALIFY AS “HOUSEHOLD MEMBERS” UNDER THE PREVENTION OF DOMESTIC VIOLENCE ACT
A few months ago, I blogged about due process for defendants in domestic violence actions. We now have another unpublished decision on this topic but with a different due
Continue Reading Another Due Process Ruling for Domestic Violence Defendants
The Appellate Division recently issued a published (precedential) decision in the matter of G.M. v. C.V. providing some clarification on procedures that must be followed when a transcript is not
Continue Reading New Appellate Division Decision Outlines Procedures for Reconstructing the Record in DV Cases
On December 5, 2016, an extremely interesting reported (precedential) opinion was released by the Appellate Division in the matter of J.S. v. D.S. The opinion was remarkable for two reasons,
Continue Reading A Domestic Violence Final Restraining Order Cannot Be Entered In To By Consent
If I were to tell you that the victim of domestic violence was put out of the marital home and the abuser was granted temporary custody of the kids, you would say I was crazy. The Appellate Division would agree and in reported (precedential) decision released on October 19, 2012 in the case of J.D. v. M.A.D.(ironically), reversed such a holding by a Camden County trial court.
In this case, the defendant’s discovery of the victim’s infidelity lead to an act of domestic violence. The victim, however, wanted to remain in and work on the marriage. The defendant wanted "space" and somehow convinced the victim to leave the home and sign a document giving him primary custody of the children. The parties later reconciled and the victim returned to the house. However, unable to control his anger over her affair, a number of additional acts of domestic violence occur ed, culminating with the entry of a TRO against the defendant. At the Final Restraining Order hearing, the judge then entertained argument "as to who should have possession of the marital home and as to who should have
temporary custody of the children." The trial judge decided that it should be the defendant, finding that the anger only occur ed when the parties were together and as such because the defendant had been the primary caretaker, he was awarded temporary custody and the victim was excluded from the marital home.
The victim appealed and the Appellate Division reversed, holding:
The trial court’s findings, set forth in the beginning of this opinion regarding the events over the course of the seven months following defendant’s discovery of his wife’s extramarital affair, are supported by substantial credible evidence in the record and we do not disturb them. The facts as found, however, do not overcome the presumption embodied in N.J.S.A. 2C:25-29b(11), governing the court’s award of temporary custody
in a proceeding under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, "that the best interests of the child are served by an award of custody to the non-abusive parent." Moreover, these facts cannot support an order granting exclusive possession of the marital home to the party the court has found to have perpetrated the abuse.