NJSBA Family Law Section

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Serial FO Violation: How Propose Mental Disorder Evaluation to Prosecutor Office

  • 1.  Serial FO Violation: How Propose Mental Disorder Evaluation to Prosecutor Office

    Posted 01-20-2014 02:04 PM

    My assigned client has a plea hearing later this week.  He is presently serving a 60 day sentence for multiple violations of communicating with victim daughter and ex wife.  I am assigned three cases of alleged violation from the correctional institution late last year.  He has additional cases in the pipeline from December and January alleged violations.

    The FO was issued in 1997 and he is prohibited from contact with his (now grown) daughter except by mail.  A letter purportedly written by defendant (mailed from the corrections institution) in the tendered discovery indicates that he is remorseful for letting down his daughter and wished to establish contact with her. 

    Any suggestions on how to propose to the Prosecutor's Office a psychiatric evaluation  of the defendant to determine whether his acts are driven by a mental disorder and to arrange treatment, if he so consents?  Any suggestions on or off line are welcome.

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    Peter Luccarelli Esq.
    Parlin NJ
    (732)333-1989

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