Restraining Order Issued Based On E-Mail To Employer

J.D. v. C.C. was an appeal of a Final Restraining Order (FRO) pursuant to the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 to 35) granted by the Superior Court of New Jersey, Chancery Division, Family Part, Passaic County upon the finding that C.C. committed harassment (N.J.S.A. 2C:33-4(a)) against J.D. by sending e-mails to his employer alleging, among other things, that he drove his company vehicle while under the influence (N.J.S.A. 39:4-50). After a 2 year relationship, J.D. proposed marriage to C.C. who rejected him and J.D. elected to terminate their relationship. Thereafter, C.C. began to appear at J.D.'s residence at inopportune times and run into him as he went about his business. C.C. also sent text messages to J.D. indicating that she intended would cause trouble for him and intended to contact his employer. C.C. did send the e-mail and J.D. sought a restraining order. The trial judge issued the Final Restraining Order upon finding that, although no physical assault occurred, the actions of C.C. constituted harassment under N.J.S.A. 2C:33-4(a) and was the behavior that the Prevention of Domestic Violence Act was designed to prevent. Pursuant to State v. Hoffman, 149 N.J. 564 (1997), the elements of harassment include (1) the defendant making or causing to be made a communication; (2) with the purposes to harass another; and (3) in a manner likely to cause annoyance or alarm to the intended recipient. On appeal, the N.J. Appellate Division found that the e-mail to J.D.'s employer could be designed for no other purpose than to harass J.D. The Appellate Division further held that the need to prevent further abuse, under Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006), was a factor in this matter and affirmed the decision of the court below. If you are charged with domestic violence or seeking a final restraining order against an abuser, there are specific burdens of proof for both parties in proving or disproving the charges making it critical that you obtain experienced criminal defense counsel to represent you in such matters. For more information regarding domestic violence, restraining orders, assault, battery and other criminal law issues in NJ visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

What Is The Harm In Delaying A Final Restraining Order?

When a NJ Superior Court judge made the decision to issue a Final Restraining Order (FRO) in the defendant’s absence in a domestic violence case, the NJ Appellate Court reversed. Due to the substantial ramifications to an individual once an FRO is issued against them for the presumed need for protection by the victim of the alleged domestic violence, the Appellate Court determined that it was a violation of the defendant’s due process rights to prevent him from the opportunity to participate in his defense. The NJ Appellate Division judges held that, when the case was less than one month old and the alleged victim had the benefit of a Temporary Restraining Order (TRO), defendant had retained counsel for the hearing and counsel requested only a brief adjournment and defendant offered a valid physician’s note explaining his failure to appear at the hearing, the trial judge erred in denying defendant’s motion to vacate the FRO. The trial judge, in denying the defendant’s motion to vacate the domestic violence FRO in O.K-H. v. D.H., made a finding on the papers submitted that the defendant and his physician lacked credibility and the defendant was attempting to abuse the criminal justice system. A Final Restraining Order can have severe consequences on your future including the loss of professional licenses or opportunities, the inability to own or possess a firearm and the social stigma associated with the restraints against you. If you are facing an FRO or believe you need the benefit of an FRO against another for your protection, you should consult an experienced criminal defense attorney to ensure your rights are protected. For more information about domestic violence, restraining orders, assault, harassment or other criminal or municipal court matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney in your matter.