In a Published Decision - State v DGM - the Court Held that the Defendant who was sitting near and briefly filming the victim at their child's soccer game did NOT violate a Domestic Violence Order.

SNIPPETS:

Defendant was "prohibited" defendant "from having any (oral, written, personal, electronic 3 A-5783-12T4 or other) form of contact or communication with" the Victim.

.. . .

Defendant was sitting near and briefly filming the Victim  at their six-year-old son's soccer game.

.. . .

Because defendant was acquitted in all other respects, we examine the sufficiency of the judge's conclusion that Defendant violated the FRO's "no contact" provision by recording Victim's image with his cellphone or, in the trial judge's words, whether "recording [her] was a form of contact."

.. . .

Although such conduct falls within the FRO's prohibition on "communication," we conclude that defendant could not have fairly anticipated this result. In applying the doctrine of lenity, we reverse.

. . .

Because, until today's decision, it was not clear whether the brief filming of a victim in an open and public place constituted a form of prohibited communication, defendant could not have known to a sufficient certainty that he was violating the FRO by engaging in the conduct found to have occurred by the trial judge.

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3/26/15