06-18-09 VIVIAN CRESPO v. ANIBAL CRESPO
A-0202-08T2/A-0203-08T2 (consolidated)
The trial court in this matter found unconstitutional the
Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35,
because, in the trial judge's view: (a) the Legislature's
enactment of practices and procedures for the adjudication of
cases brought pursuant to the Act violated the separation of
powers doctrine; and (b) the Legislature's requirement that such
cases be adjudicated through application of the preponderance
standard, instead of the clear-and-convincing standard, violated
due process principles. The court disagreed on both points and
reversed. In addition, the court rejected defendant's other
constitutional arguments, which the trial judge had also
rejected, regarding the Act's impact on the rights to: bear
arms, trial by jury, the appointment of counsel, and discovery.
Richard Sadowski
Assistant Editor
