J.D. v. M.D.F.

In 2006, Plaintiff J.D. and Defendant M.D.F. terminated a long-term relationship that resulted in the birth of two children. J.D. continued to live in the house the parties had purchased, along with the children, and she became involved in a new relationship with a boyfriend, R.T. In 2009, J.D. filed a domestic violence complaint. The complaint alleged that J.D. and R.T. observed M.D.F. outside of J.D.’s residence to harass her. When asked about the incident, M.D.F. requested that R.T. be sequestered and that he be given an opportunity to question him. After the court sequestered R.T., M.D.F. did not deny that he had gone to the residence and had taken pictures, but claimed that his purpose was not harassment, but to obtain evidence to support a motion to transfer custody. The court found that line of attack irrelevant and, without allowing M.D.F. to question R.T., granted a Final Restraining Order. As explained by the court, M.D.F. conceded that he had been taking pictures and, in light of the nature of the earlier incidents, his acts constituted harassment. The Appellate Division affirmed in an unpublished opinion. The issue before the Supreme Court was whether M.D.F.'s due process rights were violated during the proceedings that resulted in the Final Restraining Order. The Court found that the trial court failed to sufficiently articulate its findings and conclusions, and the record contained insufficient evidence to sustain the Final Restraining Order. The Court remanded the case to the trial court for a re-hearing to protect M.D.F.’s due process rights and to permit the trial court to evaluate the testimony and the evidence.