The mere mention of someone's name in a Facebook post might constitute a communication sufficient to violate a matrimonial or family restraining order. Here, the defendant, a disgruntled ex-wife who used Facebook to "tag" her former sister-in-law, now faces one year of jail time. People v. Gonzalez, New York Sup. Ct., March 9, 2016
The criminal conviction of the defendant for domestic violence is reversed, even though he admittedly used graphically violent language and imagery concerning his wife on Facebook. Proof of actual intent to harm was lacking. Elonis v. United States, United States Supreme Court, June 1, 2015; 730 F. 3d. 321, reversed
and remanded
New Jersey has a statute [the Address Confidentiality Program Act, N.J.S.A. 47:4-1 to -6] that offers protection for victims of domestic violence by preventing abusers from learning their whereabouts. J.C. v. M.C., New Jersey Ch. Div., November 6, 2014
In an immediate reaction to the recent Ray Rice domestic violence incident, New Jersey legislation has been introduced that would (a) establish a Domestic Violence Court, (b) upgrade domestic violence crimes to include a mandatory 3 years of imprisonment for offenders who injure their victims and (c) require all judges to receive at least 3 hours of domestic violence training. New Jersey Assembly Bill A3801, October 8, 2014
When a New Jersey victim of domestic violence is assaulted while pregnant, the Judge may enter a final restraining order which includes the victim's unborn child as an additional protected "person" under New Jersey's Prevention of Domestic Violence Act [N.J.S.A. 2C:25-17 to -35]. B.C. v. T.G., New Jersey Ch. Div., May 2, 2013
Under recently introduced New Jersey legislation, certain witnesses under age 16 and alleged victims of any age would be permitted to testify by closed-circuit television [CCTV] in domestic violence cases. New Jersey Assembly Bill A-3219, February 1, 2013
New Jersey Governor Chris Christie signed off on legislation [L. 2012, c. 16] that reorganized the Department of Children and Families and renamed DYFS [Division of Youth and Family Services] as the Division of Child Protection and Permanency. November 1, 2012
By relying on acts not pleaded in the New Jersey Domestic Violence complaint, the New Jersey divorce judge violated the defendant's due process rights. This was reversible error : the case is remanded for a new trial before a different judge. A.G.D. v C.C.C., New Jersey App. Div., October 30, 2012
Testimony in a New Jersey domestic violence case 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
A single date is not enough to constitute a "dating relationship" for purposes of the Prevention of Domestic Violence Act [N.J.S.A. 2C:25-17 et seq.]. S.K. v. J.H., N.J. Super [App. Div. 2012]; New Jersey App. Div., June 12, 2012