NJSBA Family Law Section

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  • 1.  Stopping Harassing DCPP Calls

    Posted 11-02-2018 03:08 PM
    I have a client who has a FRO against her ex-husband.  He is constantly causing her problems, which includes constant calls into DCPP to make baseless and false accusations against her.

    By way of example, on Wednesday, DCPP called my client to confirm that the most recent case was going to be closed.  They advised her that when they told her ex-husband that the case was going to be closed he was irate, yelling at the case worker for over 30 minutes on the phone.

    Notably, he did not make the report--it was an anonymous female, who I would bet happens to be his new girlfriend.

    Low and behold, one day after they close the case, he calls again, claiming that my client did not feed her daughter for a day as punishment.  

    We were recently in Court on a Post Judgment Motion, and I generally asked the Judge to restrain him from making "false and harassing" claims to DCPP, but the request was denied because the Court "does not have the authority" to enter such restraints.

    So what can be done?  

    In many ways, this can be viewed as a violation of the FRO because it perpetuates the cycle of domestic violence, albeit by using 3rd parties and the legal system to effectuate the harassment.  DCP&P has to investigate every claim--but my client is at her wits end.

    Any and all advice would be welcome, as I am at a loss as to how to proceed. 

    TIA.

    ------------------------------
    David Cardamone Esq.
    Miller & Gaudio
    Red Bank NJ
    (732)741-6769
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  • 2.  RE: Stopping Harassing DCPP Calls

    Posted 11-02-2018 03:25 PM
    I have had this exact issue with one of my clients.  TRO and FROs entered, but husband makes calls to DCPP and (more frequently) the police department to conduct well checks.  I have asked multiple judges to prohibit Husband from making these false and harassing claims and to limit Husband's ability to make such claims to instances wherein he has first hand knowledge that the child is in danger, but no judge will enter such an order.  I have also had my client contact the police and the prosecutor's office since these are clearly harassing communications, but they will not do anything.

    As to the police well checks, I sent the chief a (nice) cease and desist letter and explained the history of domestic violence and how this is an extension of the harassment.  After that, they simply called my client to ask if the child was safe.  At that point, they had a good enough relationship my client that they knew what the husband was up to. 

    As to DCPP - good luck.  I'm not sure what you could do to stop that.  




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  • 3.  RE: Stopping Harassing DCPP Calls

    Posted 11-02-2018 03:44 PM

    David:

     

    Your office is full of PI lawyers. Sue the guy for intentional infliction of emotional distress, and ask for compensatory and punitive damages.

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
    Fax (732) 972-0038
    E-mail: [email protected]

     

    Visit my personal website:  www.mydivorcelawyernj.com

    Member, Middlesex County Bar Association,  Monmouth Bar Association, New Jersey Association for Justice and New Jersey State Bar Association

                                     

     

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    Original Message