Edward R. Weinstein, Esq.

Articles Posted in Harassment

Yes. Once a Judge of the Family Part of the Superior Court of New Jersey finds that domestic violence happened on the day(s) in question, they shall then allow your lawyer to take testimony of any and all acts of domestic violence that have occurred in the past. Significantly, a history of domestic violence shall be taken into consideration by a judge of a New Jersey Family Court even if was never reported to the police. This is because it is sadly often that the victim of the cycle of domestic violence is afraid to reach out for help for fear of revenge at the hands of their domestic abuser. Other factors that frequently come into play for the attorneys at our law firm is the victim is afraid they may lose custody of their children or they are at the mercy of their

In S.M.E. v. A.E., husband A.E. appealed from a final restraining order entered by the Superior Court of New Jersey, Family Part of Morris County on January 3, 2016, after finding that he assaulted his wife, S.M.E. at her house, and threatened her when they were in the middle of getting a divorce. The New Jersey Appellate Division affirmed the final restraining order, for substantially the same reasons expressed in David J. Weaver’s comprehensive oral opinion that was rendered before entry of the final restraining order. Generally, just proving that that one of the predicate acts of domestic violence established in New Jersey Statute 2C:25-19(a) occurred is not enough to automatically trigger the entrance of a domestic violence restraining order. While such a determination may be self evident, the authoritative standard is whether a restraining order is needed, according to an evaluation of the factors enumerated in New Jersey Statute 2C:25-29(a)(1) to -29(a)(6), to protect the victim from immediate danger or to prevent future abuse. However, in S.M.E. v. A.E. the New Jersey Appellate Division held that when a predicate act of domestic violence is an action that inherently involves the use of physical violence and force, the decision to enter a final restraining order is most often perfunctory and self-evident. As such, the New Jersey Appellate Division deferred to the findings of the Honorable Judge Weaver, which they found to be based on substantial credible evidence in the record, and affirmed the final restraining order entered by the Family Part of Morris County.

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As an attorney who has handled countless restraining order trials, it is my legal opinion that cell phones have been a true game-changer with respect to the landscape of New Jersey’s Prevention of Domestic Violence Act. As I and the experienced attorneys ay my law firm all embrace, cell phones can contain valuable evidence in the form of text messages, e-mails, and voice-mails that can make or break a vast majority of final restraining order trials. Still there are strict rules about evidence and whether it is admissible in a New Jersey Family Court and how evidence must be presented. The recent case of E.C. v. R.H. tackled the issue of how electronic information stored on cell phones should be presented in a court of law.

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In E.C. v. R.H. , Judge Jones, Family Part of the Superior Court of New Jersey, Ocean County, explained what should happen at a final hearing when a litigant presents evidence directly from his or her phone such as texts, e-mails, social media messages, or audio/visual evidence.

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