In a Decision – L.C. v. M.A.J. (a ‘Reported Decision") >> the Court Held:
The Appellate Division determined that if was improper to determine on Legal Arguments on Motion without Trial that the differences were of Parenting Time and not Domestic Violence.
The trial judge considered and granted the motion without taking testimony or providing plaintiff a full and fair opportunity to meaningfully respond. In condemning the filing of in limine motions that seek disposition of an action, particularly in domestic violence actions, and in finding the motion's rapid consideration and disposition deprived plaintiff of due process, the court reversed and remanded for a final hearing. It is the rare domestic violence action that may be amenable to a pretrial dismissal on its merits. And, in that rare case, due process – despite its flexibility – requires nothing less than adequate notice, an opportunity to file opposition, and a fair chance to be heard.