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The following is being reposted as the original was attached to an incorrect thread)
This is one of the most complex matters I have ever litigated in the trial court followed by the NJ Appellate Division.
The trial court entered an FRO based solely on the Husband's anonymous publication by mail of his Counterclaim against the Wife to (A) three (3) people at her workplace, (B) the wife of one of her paramours, and (3) her parents. None of it involved communications to the Wife.
Yesterday, we won a reversal of the FRO on the issue of a constitutional right of free expression in the context of a Domestic Violence case, even when the free expression is unpopular (isn't that what the first amendment always protects?).
The matter has been remanded for further proceedings.
What is satisfying about the win is the Appellate Judge who wrote the opinion (I am pretty sure I know who wrote it, even if the case is marked "Per Curiam") really delved into the issues, wrestled with them, and made sense of them in a way that I as an advocate for one party just could not do. He took a 1,000 piece puzzle and organized it so it became much simpler to understand and process on remand.
It is the first time the Appellate Division has opined on an issue of "free expression" in the context of a Domestic Violence case.
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Hanan Isaacs Esq.
Kingston Law Group
(609)683-7400
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