In a Decision – J.A.C. v. C.A.C.,, (an "Unreported Decision") >> the Court Held:
The Appellate Division reversed the Trial Court Decision because the content of the texts was not presented and the texts were not read until the morning at local time. And the distance involved rendered it unlikely that direct physical contact will occur.
The parties resided in California while married. Plaintiff thereafter relocated to New Jersey. Defendant remained in California.
The Appellate Division remarked upon the inherent risk of mischaracterizing post-marital contretemps as predicate acts of domestic violence in our technological age.
Defendant did not introduce into evidence the actual text message nor read its content verbatim into the record. The constitutionality of the offense of harassment in a written message is predicated on the intent of the sender.