On May 4, 2020, the New Jersey Appellate Division decided C.C. v. J.A.H. In this case, the two parties met in a gym and began texting with one another. Eventually, a restraining order and a criminal complaint were filed against J.A.H. The trial court found that J.A.H had committed harassment under N.J.S.A. 2C:33-4 and entered a final restraining order against him.
Since the parties never went on an actual date or had a physical relationship, the defendant argued that they did not have a dating relationship as defined by the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35.
However, the Appellate Division affirmed the trial court’s decision. The Appellate Division agreed that the Domestic Violence act did apply due to the nature and amount of text messages as well as in-person communication between the parties. Therefore, the final restraining order was upheld against the defendant.
If you have been arrested or charged with an offense related to domestic violence or have been served with a restraining order, it is critical that you speak with an attorney as soon as possible about your rights.
Mr. Komninos is available to discuss your case remotely by phone, text, Google Voice, Zoom, or email during the shutdown.
Call Jason T. Komninos, Esq. at (201) 343-4622 to schedule a consultation.