Appeals Court Rules In Favor Of Man In Domestic Violence Case
Appeals court rules in favor of man in domestic violence case
Those faced with domestic violence accusations are often judged harshly by the community around them, even before there is any presentation of the facts. In one case in New Jersey, a state appeals court ruled that a family judge violated one man’s right to a fair hearing by not allowing him to present his side in a case involving a restraining order.
According to reports, the man was accused of threatening his ex-girlfriend by saying he would post “intimate videos” of her on the Internet. The couple had been together for close to two years on and off before they officially ended their relationship in June of last year. According to court documents, the man sent the woman several text messages that included the alleged threat to post the videos. The woman testified in court that the man had done this before, and she contacted the police in an attempt to stop him.
According to the ruling from the appeals court, the man tried to ask questions during the trial but was “rebuffed.” When he objected to not being able to ask questions, the judge reportedly told the man he could ask questions once the order had been issued. While neither party had legal counsel during the trial, the man retained a lawyer after the decision came down in favor of his ex-girlfriend — resulting in a final domestic violence restraining order — and appealed the ruling. The appellate court agreed and ordered that the man be given a new trial with a new judge.
This case shows how important it is to have appropriate legal counsel when you are dealing with something as serious as domestic violence accusations, which if convicted, can have long-term repercussions for other areas of your life.
Source: Daily Record, “Court: Morris family judge deprived man of fair hearing,” Peggy Wright, Aug. 25, 2015