Articles Tagged with due process

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This past week the New Jersey Appellate Division issued an unpublished opinion in the case of V.J.C vs. M.V. (docket no. A-4587-15T3).  In this case the defendant appealed from a final d744f80a269bdfa75c34d7830ed52c13-300x200restraining order (FRO) entered by the trial court in favor of plaintiff pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35. The defendant claimed that the trial court abused its discretion in denying his request for a short adjournment of the April 14, 2016 hearing until his attorney could arrive at the courthouse. The series of events that led to the defendant being in court that day are as follows.  The plaintiff filed a domestic violence complaint against the defendant on March 15, 2016 in which she accused him of choking her  during a party at the apartment they shared.  A temporary restraining order (TRO) was entered and a hearing was scheduled for March 24, 2017 pursuant to N.J.S.A. 2C:25-29(a) which states that a final hearing on a party’s request for a FRO should be held within ten days after the plaintiff files a complaint.

The next day, the defendant appeared in court without counsel present, and he requested an appeal of the TRO based upon the grounds that he was unable to retrieve his personal belongings from the residence. In response to the defendant’s request, the trial court ordered that the hearing be scheduled for the following day: March 17, 2017. Keep in mind that the defendant had only been served with the TRO on the previous day. Likely in light of the aforementioned facts, the defendant then told the court that he needed more time to hire an attorney.   The plaintiff first requested an adjournment “because of a medical issue” and the court granted that request, moving the hearing to March 31 and then rescheduling it again to April 7, 2016 because of the court’s schedule.  Defendant’s counsel then requested an adjournment again “because of a prior court commitment” and the judge granted that request as well, scheduling the hearing for April 14, 2016. Just two days prior to the trial date, on April 12, 2016, defendant’s attorney requested yet another adjournment because of other municipal court matters he had scheduled on this date.  In my experience, Superior Court judges are not always willing to adjourn matters on their own calendars for municipal court matters.  More importantly, this case had had a number of adjournments already, and the trial judge was mindful of the statutory requirement to hold a hearing within ten days of the filing of the domestic violence complaint.

The trial court judge denied counsel’s request for an adjournment but offered the consideration of a “ready hold” so that the matter would be heard at a specific time that day.  The defendant’s attorney appeared in municipal court the morning of the hearing but had to advise the trial court that the municipal matter was running late.   The trial judge advised the defendant that the case was going to proceed that day even if his attorney did not arrive.  Defendant was permitted the opportunity to call his attorney but could only reach the attorney’s office staff.   Defendant’s counsel never appeared.  He faxed a letter to the judge’s chambers advising that he was tied up in municipal court, and requested another adjournment of the final hearing.  He sent a second letter asking that the matter be held until he arrived shortly.   The court, however, conducted the hearing without Defendant’s attorney, and entered a final restraining order against the defendant.  The trial judge stated in his amplified decision that he did not receive the two letters from counsel until after the hearing was already completed.

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On June 5, 2017 the Appellate Division approved for publication its opinion in the matter of TMS-v-WCP, A-4900-15T2, which involves reinstatement of  a final domestic violence restraining

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This week the Honorable Stephen Hansbury, P.J. Ch. published a Superior Court opinion that demonstrates how technology and social media is changing the legal landscape and creating new challenges and solutions.   In the published opinion in KA v. JL, in which Judge Hansbury addressed a cause of action that occurred based on a defendant’s use of social media, whether a New Jersey court can obtain personal jurisdiction over an out of state litigant over his use of social media, and whether pleadings may be served via social media. Continue reading

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On February 1, 2017, the New Jersey Appellate Division published its opinion in the case of New Jersey Division of Child Protection and Permanency v. V.E., A-0586-15T4 — A.3d —- (2017). V.E.file000626018085-300x225 is the mother of R.S. now age nine.  V.E. appealed an administrative finding of the New Jersey Division of Child Protection and Permanency  (“DCPP) that “established” a finding of abuse or neglect without her first being given an evidentiary hearing. The Appellate Division reversed the decision of the trial court to not afford V.E. a plenary hearing “because an established finding is a finding of child abuse or neglect under N.J.S.A. 9:6–8.21(c)(4), subject to disclosure as permitted by N.J.S.A. 9:6–8.11a(b) and other statutes, due process considerations require a party against whom abuse or neglect is established be afforded plenary administrative review. The agency’s denial of an administrative hearing is reversed.” Continue reading

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New Jersey has since the Divorce Reform Act of 1971 stood in the forefront in developing the law as it relates to Marriage and Divorce. We have over the years defined the law, and the Nation has followed and adopted some of our theories as to the distribution of property and the valuation of assets. It has been my pleasure to have been a divorce lawyer during this period of development, and to be recognized as a primary commentator on Family Law though my New Jersey Institute for Legal Education multi-volume treatise The Yudes Family Law Citator. Continue reading