In a Decision – D.C. v. M.M., , (an "Unreported Decision") >> the Court Held:
The Appellate Division vacated the finding of Domestic Violence because the trial court erred in denying his adjournment request
Plaintiff twice requested the trial be adjourned and the trial court granted those requests. Defendant requested an adjournment of the trial to attend an out-of-state family funeral and the trial judge denied the adjournment because the case was twice as old as the judicial guidelines suggested for domestic violence matters. Defendant was not at the trial, trial judge took testimony from plaintiff, made a negative inference from defendant's absence and granted the Final Restraining Order. Because the denial of the adjournment was not based on any finding that defendant's request was for purposes of intentional delay or without reason, the request should have been granted.