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Wednesday, July 28, 2010

S.D. v. M.J.R. A-6107-08T2

S.D. v. M.J.R. A-6107-08T2 07-23-10

In this action pursuant to the Prevention of Domestic
Violence Act (PDVA), we held that the Free Exercise Clause of
the First Amendment does not require a Family Part judge to
exempt defendant, a practicing Muslim, from a finding that he
committed the predicate acts of sexual assault and criminal
sexual contact and thus violated the PDVA. We also found that
the judge was mistaken in failing to enter a final restraining
order in the matter