Allan Weinberg - Attorney at Law -
100 Craig Road, Suite 102 Manalapan, NJ 07726
732 80 NJ LAW (732) 806-5529
AllanWEsq@GMail.com
www.AllanWeinbergEsq.com
Twitter: AllanWEsq
FaceBook: Allan Weinberg
LinkedIn: AllanWeinberg
Domestic Violence
- Texting -
| Repeated Texts can be Domestic Violence even if Reconciliation Sought |
V.A.C. v S.J.C
[An Unreported Decision ]
(NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION)]
Excerpt:
Defendant argues on appeal that he wanted to reconcile with plaintiff, not harass her. We note that defendant may well have had a dual purpose in sending the messages: to reconcile and to harass. Our Supreme Court has stated, "We do not imply that, in evaluating claims of domestic violence, an individual can have only one motive or intent." J.D. v. M.D.F., 207 N.J. 458, 487 (2011). Drawing from common sense and experience, the end of a relationship may cause a party to behave in a harassing fashion while telling himself it is in the cause of true love. Defendant did not testify as to his purpose in contacting plaintiff, but the judge's finding that he had the purpose to harass is certainly supported by adequate, substantial, credible
evidence.
******************************************************
The information contained in this communication is similar to ordinary telephone conversations and does not reflect the level of factual or legal inquiry which would be applied in the event a formal opinion was rendered by this firm. The information may also be confidential and privileged. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. Nothing in this communication is intended to constitute a waiver of any privilege of the confidentiality of this message. If you have received this communication in error, please notify the sender immediately by return e-mail or telephone and delete the original message and any copy of it from your computer system. This firm accepts no responsibility for any loss or damage from the use or receipt of this message and/or any attachments hereto, including any damage caused by virus.
11/25/14