Lewd gestures to home camera could be violation of TRO State v EJH 466 N.J. Super 32 (App. Div. 2021)
In this appeal, the Appellate court considers whether words and gestures directed to a domestic violence complainant, by way of a consensually-activated home security camera, violated the strictures of the restraining order issued under the Prevention of Domestic Violence Act (Act), N.J.S.A. 2C:25-17 to -35.
Although the restraining order did not expressly prohibit defendant from directing remarks to – or making gestures at – his estranged wife via the home security camera, the order expressly prohibited defendant from "having any oral" or "electronic, or other form of contact or communication with [her]."
Because defendant directed his comments and gesture to his estranged wife, by way of a camera that was specifically activated so that she could observe his parenting time, defendant was aware of the high probability that she would hear his comments and observe his lewd gesture.
The Appellate court vacated the dismissal and remanded for reinstatement of the complaint and for a hearing on the merits. (A-4228-19T)
