Domestic Violence -- Where Can You Go??……..
| The Court, to protect a Domestic Violence Victim can bar a Person from the Victim's Employment - What about a business within a business within a larger business location?? |
In an Unpublished Decision "Sapio", the Victim was employed by an entity within a vision center adjacent to a Walmart store. Defendant was barred from the Victim's "place(s) of employment". The Appellate Division determined that since Defendant was not barred from Walmart (as opposed to the Victim's place of employment).
SNIPPETS:
The FRO does not set forth with any specificity that defendant was barred from the Walmart store. N.J.S.A. 2C:25- 29(b)(6). The fact [ ] may have had to traverse over or 8 A-0674-13T1 through other locations to reach her place of employment does not convert such locations into areas from which defendant is banned.
. . .
Potentially, defendant is prohibited from entering these locations, but only if a court finds [ ] regularly frequents them and they are specifically identified in a domestic violence order. N.J.S.A. 2C:25-29(b)(6)
.. . .
Accordingly, because the FRO did not prohibit defendant from entering the Walmart store, the State failed to prove beyond a reasonable doubt that defendant knowingly violated the FRO when he entered the store on June 10, 2013. Under these circumstances, defendant's conviction cannot stand.
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3/4/15