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.
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.