G.M. VS. C.V.
A-4820-15T4
This appeal requires the court to determine the procedures that should be followed by the Family Part where a person, restrained by a final restraining order (FRO) entered under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, requests to modify or dissolve the FRO, but the transcript of the FRO hearing is not available through no fault of the defendant. We hold that due process requires the Family Part judge to reconstruct the record if the court cannot assess whether to deny the application or is otherwise satisfied that the record before it presents a prima facie showing of changed circumstances. We reverse and remand to the Family Part for proceedings consistent with this opinion.
