NJSBA Family Law Section

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  • 1.  OPRA or other requests for custody case

    Posted 10-12-2016 09:05 AM

    I have a custody case where the adverse party is a police officer. We have reason to believe he/she is under investigation by both the local police department and the County Prosecutor’s Office. The alleged behavior is at least arguably relevant to the best interest of the children. Will an OPRA request for all records relating to these investigations be honored? If not, is there a better way to get access to them? Thanks in advance.

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    Diana Fredericks Esq.
    Clinton NJ
    (908)735-5161
    [email protected]
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  • 2.  RE: OPRA or other requests for custody case

    Posted 10-12-2016 09:20 AM

    You can expect the governmental entities to raise the "criminal investigation" exemption under OPRA.

     




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  • 3.  RE: OPRA or other requests for custody case

    Posted 10-12-2016 10:09 AM

    Diana, Criminal investigations are not subject to disclosure through OPRA as they do not constitute a public record (except for an indictment, accusation or criminal complaint, which are available to the public) Is DCCP involved???  If so their records may be available for in camera review, as you know. Sharon

     

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    Sharon B. Ransavage, Esq.

    4 Walter Foran Boulevard, Suite 301

    Flemington, New Jersey  08822

    (908) 806-3346 (Telephone)

    (908) 806-2351 (Facsimile)

     

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  • 4.  RE: OPRA or other requests for custody case

    Posted 10-12-2016 10:31 AM

    Probably not.  Ongoing investigations are not likely to be released by the police department.  Also, most IA investigations will not be released.  Check the state website for the OPRA exemptions.  The list has 21 specific exemptions and ongoing criminal investigations (even of their own officer) and IA investigations are covered. 

     

    Rebecca J. Bertram, Esquire
    Bertram Law Office, L.L.C.

    56 Fayette Street

    P.O. Box 257

    Bridgeton, NJ 08302
    Telephone: 856-455-6000
    Facsimile: 856-451-2029
    e-mail: [email protected]
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