NJ LAWS EMAIL NEWSLETTER E521 Kenneth Vercammen, Attorney at Law
Recent cases: Restraining Order TRO vacated where defendant not served. A.M.C. VS. P.B. 447 NJ Super. 402 (App. Div. 2016)
Live witness not mandatory at detention hearing. State v Ingram 449 NJ Super. 94 (App. Div. 2016)
Fun Upcoming Running Races & events selected by Kenneth Vercammen
Restraining Order TRO vacated where defendant not served. A.M.C. VS. P.B. 447 NJ Super. 402The Family Part found defendant physically assaulted his wife twice over a three-week period. Applying the two-prong analysis in Silver v. Silver, 387 N.J. Super. 112, 125-27 (2006), the judge found an FRO was not necessary to protect plaintiff from future acts or threats of violence. The court held the Family Part failed to adequately consider the inherently violent nature of the predicate acts. Under these circumstances, the need to issue an FRO was "self-evident." Silver, supra, 387 N.J. Super. at 127.
Defendant, a Newark Police Officer, was not served with the TRO. Notwithstanding defendant's failure to object, N.J.S.A. 2C:25-28l, N.J.S.A. 2C:25-28n, and the Domestic Violence Procedures Manual makes the Judiciary responsible to serve defendant with the TRO. The court held the trial court had an obligation to determine what caused this systemic failure. The court further held the trial court erred as a matter of public policy when it considered the Judiciary's failure to carry out this legal responsibility as a factor in favor of denying plaintiff's application for an FRO. A-4730-14T3
Live witness not mandatory at detention hearing. State v Ingram 449 NJ Super. 94 (App. Div. 2016)Defendant appealed from an order detaining him pretrial pursuant to the Bail Reform Act (the Act), N.J.S.A. 2A:162-15 to -26. The State presented the complaint-warrant, the affidavit of probable cause, the Preliminary Law Enforcement Incident Report and the Public Safety Assessment to establish probable cause for defendant's arrest and grounds for detention. Collectively, the documents demonstrated that a firearm had been discharged, police officers personally observed defendant in possession of a gun and seized the weapon and spent shell casings. Pretrial Services recommended that defendant be detained, or released with the highest level monitoring, including electronic monitoring.
Defendant objected, arguing a live witness with knowledge of the incident sufficient to permit meaningful cross-examination was required. The judge overruled the objection, considered the State's proffered evidence and entered the order of detention.
On appeal, defendant argued that permitting the State to establish probable cause by proffer and without calling a witness violated his due process rights and the Act. The Court disagreed and affirmed the detention order, finding that allowing the State to proceed by proffer did not violate due process or the Act. However, the court noted that at detention hearings under the Act, the judge retains discretion to reject the adequacy of the State's proffer and compel production of a "live" witness. A-1787-16T6
Fun Upcoming Running Races selected by Kenneth VercammenOften we car pool or meet at these events.
July 15, 2017 Ocean Grove Biathlon 2M run, 300 yd swim Ocean Grove fast short event. 8am
Jul 15, 2017 North Brunswick Heritage Day 5K Run
July 15, 2017 St. Thomas Aquinas High School 40 year Reunion Class of 1977 (aka Bishop Ahr High School) 7pm- 11pm
Where: Edison Elks Lodge/ Edison Community Pool 375 Old Post Road
Edison NJ 08817-4653
July 22, 2017 Rooney 1 mile swim 8:30 AM; 1 mi; ; ?Sea Bright,
July 22, 2017 SeasIT 5K | Saturday, | Allenhurst
Nice scenic and flat run through the neighborhoods of Allenhurst
July 23, 2017 5k Run / Walk VFW Post 133 East Brunswick, NJ 9AM free burgers, beer food
July 30, 2017 Sun JFK Medical Center Miles for Minds 5K Roosevelt Park Edison, NJ Wakefern Shoprite co-sponsor
August 5, 2017 Sea Girt 5k 8:30 am Wakefern Shoprite co-sponsor
August 12, 2017 Asbury Sheehan 5k Asbury Park, N.J. 8:30am Wakefern Shoprite co-sponsor