NEW JERSEY FAMILY LAW : SEX TAPES

The Appellate Division reverses the order directing the boyfriend to turn over to his attorney photographs/videotapes of the parties having sex, including negatives and electronic/digital media copies. The attorney was then to turn over the items to adversary counsel, who was to destroy them and verify such action to the court. The trial court exceeded its authority under the Prevention of Domestic Violence Act. The tapes were not illegal, they were made with the consent of both parties and there was no showing they were disseminated. The statutory remedies granted by the Act do not empower a court to, sua sponte, order the destruction of personal property. The girlfriend was not the victim of domestic violence, but she has a remedy in replevin.   Bharadwaj v. Lendzioszek, New Jersey App. Div., March 9, 2006