Domestic Violence Decision

The Appellate Division recently published a decision making it clear that procedural due process requires judges, before domestic violence trial, to inform defendants both of the serious consequences resulting from the entry of a final restraining order (FRO) and their right to retain legal counsel. I wrote a column that suggests domestic violence complaints served upon defendants include a specific rider advising them of their rights and the possible ramifications of the entry of an FRO. Further, it is suggested that trial judges read to defendants from a pre-approved script provided by the Administrative Offices of the Courts (AOC) summarizing those rights and ramifications before commencement of a domestic violence trial.

Read my column in its entirety on this domestic violence decision.