STATE OF NEW JERSEY VS. E.J.H. (FO-20-0144-20, UNION COUNTY AND STATEWIDE) (A-4228-19T
In this appeal, the 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. During the plea hearing, the Family Part judge sua sponte rejected defendant's factual basis for the disorderly persons offense of contempt for violating the restraining order and dismissed the complaint. The judge found as a matter of law that defendant did not knowingly violate the restraining order. Instead, the judge concluded the electronic transmission of defendant's comments and lewd gesture to his estranged wife during his parenting time, were not expressly prohibited under the restraining order and, as such, defendant did not knowingly"contact" his estranged wife.
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. Accordingly, this court vacated the trial judge's order and remanded for reinstatement of the complaint.
