Trial courts are mandated by statute to proceed in a summary manner in domestic violence cases within ten days of the filing of a complaint. N.J.S.A. 2C:25-29a. The Domestic Violence Act, N.J.S.A. 2C:25-17 to -35 (PDVA) “‘was enacted with the expressed intent that courts . . . promptly and appropriately offer protection to victims of domestic violence.’” Depos v. Depos, 307 N.J. Super. 396, 399 (Ch. Div. 1997) (quoting Sperling v. Teplitsky, 294 N.J. Super. 312, 318 (Ch. Div. 1996)). “The legislative intent for such mandates is to assure the victim the maximum protection from abuse the law can provide. N.J.S.A. 2C:25-18. To assure such protection, the court’s response must be swift because any delay may pose serious and irreversible consequences to the victim. Thus, domestic violence proceedings are ‘immediate.’” Id. at 399-400; However, “‘the ten-day provision does not preclude a continuance where fundamental fairness dictates allowing a defendant additional time[,]‘” such as when the defendant did not receive meaningful notice and an opportunity to respond to the charges. H.E.S. v. J.C.S., 175 N.J. 309, 323 (2003) (quoting H.E.S. v. J.C.S., 349 N.J. Super. 332, 342-43 (App. Div. 2002)).

Further, given the “‘serious consequences to the personal and professional lives of those who are found guilty of what the Legislature has characterized as a serious crime against society[,]‘” the court must inform the defendant of these consequences and, where required, give defendant a fair opportunity to defend. Franklin v. Sloskey, 385 N.J. Super. 534, 541 (App. Div. 2006) (quoting Bresocnik v. Gallegos, 367 N.J. Super. 178, 181 (App. Div. 2004)).

NOTE: My legal services include family law, divorce, child support, litigation, arbitration, mediation, child custody and visitation, alimony, equitable distribution, separation agreements, palimony, property settlement agreements, premarital and prenuptial agreements, midmarriage and marital agreements.

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Trial courts are mandated by statute to proceed in a summary manner in domestic violence cases within ten days of the filing of a complaint; however, the ten-day provision does not preclude a continuance where fundamental fairness dictates allowing a defendant additional time originally appeared on NJ Family Issues on October 26, 2009.

This issue is addressed in the crImmigration blog:
Essay: Undocumented status should not be admissible to impeach witness in civil or criminal trial

NOTE: This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey.

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If you are a witness, can your immigration status be an issue? originally appeared on NJ Family Issues on September 28, 2009.