NJSBA Family Law Section

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  • 1.  Attorney contact with DV plaintiff

    Posted 05-02-2014 02:11 PM
    Is it improper and/or a violation of a FRO if the defendant's attorney contacts the pro se plaintiff asking for consent to dissolve the FRO after 13 years?

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    Mark Gruber Esq.
    Hopatcong NJ
    (973)398-7500
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  • 2.  RE:Attorney contact with DV plaintiff

    Posted 05-02-2014 02:47 PM
    I don't believe that would constitute a violation, so long as it doesn't become harassing.  A single request through counsel is not harassment IMO.

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    Blake Rush Esq.
    Easton PA
    (610)258-4003
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    Original Message


  • 3.  RE:Attorney contact with DV plaintiff

    Posted 05-02-2014 06:41 PM
    I'm not sure the issue is harassment; to me the question is this: "Is it a per se violation of the FRO for the defendant, through an agent (the lawyer) to contact the other party, regardless of intent or good or bad faith?"  I think both of us agree the answer is "no, it is not a per se violation; it depends upon the contents of the letter."

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    Hanan Isaacs Esq.
    Kingston NJ
    (609)683-7400
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    Original Message


  • 4.  RE:Attorney contact with DV plaintiff

    Posted 05-05-2014 10:50 AM
    I am not sure I agree that this is not a per se violation. The more cautious approach would be to contact the DV people at the court house and ask them to reach out to the victim to see if she would be willing to speak to you about this, and if not, make a motion if you believe you have the facts and the law to have it removed.
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    Felice Londa Esq.
    Elizabeth NJ
    (908) 353-5600
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    Original Message


  • 5.  RE:Attorney contact with DV plaintiff

    Posted 05-02-2014 06:38 PM
    Mark,

    It's a Catch 22.  If there is no contact, then only a motion filing can get the ball rolling, and maybe that wasn't necessary.  If there is contact, then it can't be intimidating in any way.

    If it were my case, and I represented the DV defendant, I would write to ask if the person has a lawyer or intends to self represent regarding a request involving the status of the FRO and then I would wait to see what plaintiff had to say.

    If I represented the plaintiff, I would consider the tone of the letter to see if it was intimidating.

    Hanan





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    Hanan Isaacs Esq.
    Kingston NJ
    (609)683-7400
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    Original Message