In a Decision – Mullen v. Lentile - (an "Unreported Decision") >>
the Court Held:
The Trial Court heard arguments on the Order to Show Cause without conducting an evidential hearing and allowed Plaintiff's attorney to place allegations of wrongful conduct on the record in an ex parte fashion without first attempting to call defendant and allow Defendant to participate.
The Appellate Division found that the judge placed undue emphasis upon defendant s demeanor during the hearing as a factor for the issuance of an FRO. The utilization of this as a factor both ignores and is at odds with a court proceeding that, by any objective measure, is laden with emotion. Defendant s stake in the outcome of the proceeding included the potential issuance of an FRO and the risk of loss of parenting time with his child. He was also defending himself against allegations of criminal conduct. When viewed through the prism of this crucible, we are satisfied that the judge s focus upon defendant s emotional behavior as a factor was misplaced.