NJSBA Family Law Section

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  • 1.  Seeking Input on Interplay of FRO and Criminal Matter

    Posted 04-13-2021 03:11 PM
    I represent a Defendant in a Domestic Violence matter which also resulted in the issuance of criminal charges. Client would like to testify at FRO Hearing but his criminal attorney is telling me that no testimony should be given as it could be self-incriminating. I am aware that the statute says the testimony from the FRO "shall not" be used in a subsequent criminal proceeding but I am also aware of State v. Duprey where the App. Div. said the FRO testimony can be used in the criminal case for cross-examination. If the Judge won't adjourn the case until the criminal charges are resolved and the Judge won't issue a "Temporary Indefinite" TRO, what options does the client have? Any input would be appreciated.

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    Craig S. Laughlin, Esq.
    Gale & Laughlin LLP
    Certified Matrimonial & Civil Trial Attorney
    2814 Highway 35
    Hazlet, NJ 07730
    Phone (732) 264-6000
    Fax (732) 264-6796
    [email protected]
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  • 2.  RE: Seeking Input on Interplay of FRO and Criminal Matter

    Posted 04-13-2021 03:18 PM

    Find a way to defend without the defendant's testimony.  He should not testify.

     

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    Alice M. Plastoris, Esq.

    Law Office of Alice M. Plastoris, Esq.

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    Morristown, NJ 07960

    Telephone No. (973) 538-7070

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  • 3.  RE: Seeking Input on Interplay of FRO and Criminal Matter

    Posted 04-13-2021 03:41 PM

    Are there kids involved? Is the criminal charge harassment 2C:33-4 or is there an assault component?

    If there are kids involved, and the crim in 2c harassment, the bigger life impediment is the FRO, imo.  I don't think you will get the FRO adjourned until after the crim matter. My experience is the testimony from the FRO will get in if client takes the stand in the criminal matter.  If the crim matter involves possible jail time, then the calculus changes.

    Tom

     

    Thomas R. King, Esq

    O: 973-750-8348 Fax: 888-576-8997
    www.njfamily.law - www.njdivorce.law - www.thomaskingesq.com

    45 Broadway, 2nd floor, Denville, NJ 07834

     

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