In a Decision – J.V.N. v. M.D., , (an Unreported Decision Case) >> the Court Held:
An adjournment of a Domestic Violence trial should have occurred so that the Husband could retain counsel.
The Appellate Division determined that due process rights superseded the trial judge's concern that the request was made after the hearing started and the belated ability to secure funds needed to retain counsel. Moreover, the court found no prejudice to Wife considering the temporary restraining order would have remained in effect.
Although domestic violence was a civil offense which did not entitle Husband to full criminal procedural protections, due process allowed Husband a meaningful opportunity to defend against a complaint in such matters, which would include the opportunity to seek legal representation. The Appellate Division determined that Husband’s request to adjourn the hearing for a one-week period in order to retain counsel was appropriate and should have been granted, despite Husband having originally declined the opportunity to obtain counsel.