by Fred Sisto | Jan 16, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On July 31, 2024, the New Jersey Supreme Court decided the Monmouth County case of N.J. Division of Child Protection and Permanency v. A.P. The principal issue under N.J.S.A. 2C:52-1 concerned whether D.C.P. and P could use the defendant’s expunged records in their... 
by Fred Sisto | Jan 9, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division concluded with the following in relevant part: The State of New Jersey Domestic Violence Procedures Manual issued under the authority of the Supreme Court and the Attorney General acknowledges courts are permitted to “proceed with the FRO... 
by Fred Sisto | Jan 2, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The PDVA provides: If a criminal complaint arising out of the same incident which is the subject matter of a complaint brought under the PDVA has been filed, testimony given by the plaintiff or defendant in the domestic violence matter shall not be used in the... 
by Fred Sisto | Dec 26, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On August 5, 2024, a three-judge appellate panel decided the Camden County case of T.B. v. I.W. The principal issue under N.J.S.A. 2C:25-29 concerned the adverse inference that the trial court drew against the defendant for not testifying at the Final Restraining... 
by Fred Sisto | Dec 19, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Supreme Court majority continued in relevant part: Subsection (c)(2) also ensures that liability is still imposed for impairing the avail ability or integrity of other things used in an official proceeding beyond the “record[s], document[s], or other object[s]”... 