NJSBA Family Law Section

 View Only

  • 1.  Out of Country FV?

    Posted 08-29-2025 03:43 PM

    Greetings all! I have a client who was harassed by her ex, who lives in Japan but visits family in US occasionally. My client obtained a TRO in Hudson County (and we will argue she needs FRO because of cyber-harassment and false/defamatory statements to my client's employer). How does the court handle (a) service of the TRO and (b) hearing? I would have no objection to the defendant appearing via zoom. If anyone has experience with out-of-state DV I would appreciate it. Thanks! 



    ------------------------------
    Gina Calogero

    Gina A. Calogero, Attorney At Law
    [email protected]
    ------------------------------


  • 2.  RE: Out of Country FV?

    Posted 08-30-2025 07:43 AM
    She will not get an FRO unless he submits to NJ jurisdiction. See Shah v. Shah, 184 NJ 125 (2005). She can have the TRO in place for as long as needed.

    Deb Guston
    =============================.
    (she/her/hers)
    Debra E. Guston, Esq., C.A.E.
    Guston & Guston, L.L.P.
    55 Harristown Road, Suite 106
    Glen Rock NJ 07452
    (201) 447-6660
    Fax (201) 447-3831


    I will return your email as soon as possible.  Not all emails are read or reviewed in real time.

    If this is an emergency, please call the office during our regular business hours 8:30 am - 4:30 pm or  dial extension 25. Voice mails left at this extension will be monitored during the business day only. 


    Past President
    Academy of Adoption & Assisted Reproduction Attorneys

                     
           ANGEL IN ADOPTION RECIPIENT 2017

      







    Original Message


  • 3.  RE: Out of Country FV?

    Posted 08-30-2025 08:47 AM
    That works - TRO can protect her. Thank you





    Original Message


  • 4.  RE: Out of Country FV?

    Posted 09-11-2025 10:34 PM
    Sorry, but if the TRO has not been served on the defendant, which generally in the first instance must be done in person by law enforcement, the TRO is of no effect either.  The TRO only can protect her if she is able to have a LEO serve the TRO on the defendant when he is in the US.  If he does not know about the TRO, and she is able to learn when he will be in the US to visit family, she may be able to get a LEO to serve him while he is in the US, without efforts by him to evade service. 

    –––––––––––––––––––––––––––––––––––––––––––––––––––
    Kevin M. Curran, Esq.
    Admitted to SCOTUS & CAFC Bars – Licensed in NJ, NY & IL
    USPTO Registration 43,571
                                                                        CURRAN COUNSEL
                                                                       TEL +1-650-283-0469
                                                             [email protected] 
    –––––––––––––––––––––––––––––––––––––––––––––––––––
    THIS EMAIL IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE,
    AND IT AND ITS CONTENTS MAY BE PRIVILEGED & CONFIDENTIAL.
    IF YOU ARE NOT THE ADDRESSEE OR HAVE RECEIVED THIS EMAIL
    IN ERROR, PLEASE NOTIFY US IMMEDIATELY.



    Original Message


  • 5.  RE: Out of Country FV?

    Posted 09-12-2025 12:08 PM
    The TRO issued is valid and indefinite until such time that either the plaintiff requests dissolution or the defendant is served and an FRO hearing occurs. Lack of service of the TRO has no impact on its validity and enforceability. However, until such time that the defendant is served and due process notice requirements met, the defendant cannot be charged with, nor convicted of, criminal contempt.

    Counsel for the plaintiff may want to consider serving the defendant with a copy of the TRO via email, and the defendant may acknowledge receipt by foolishly responding and denying the allegations or otherwise. Same would support the argument of service/notice as to a potential contempt charge should the harassment continue thereafter. Contempts apply to both TROs and FROs.

    Hon. Bradford M. Bury, J.S.C. (Ret.)



    Original Message


  • 6.  RE: Out of Country FV?

    Posted 09-12-2025 12:11 PM
    Thank you Judge Bury! 





    Original Message