DYFS v. I.H.C. and D.C.
A-2208-09T4 08-05-10
In this abuse or neglect case, we hold that N.J.R.E. 404(b)
did not bar consideration of the father's acts of domestic
violence against his ex-wife and the children of that marriage
about seven years earlier to prove risk of harm to the children
of this marriage. We also hold that domestic violence that
presents risk to children in an abuse or neglect case can be
broader than the meaning of that term under the Prevention of
Domestic Violence Act. As testified by the experts, the
father's coercive control of the mother, together with both
parents' denial of and failure to treat their psychological
conditions, posed a risk of harm to the children. In reaching
these holdings, we address and distinguish DYFS v. H.B., 375
N.J. Super. 148 (App. Div. 2005), and DYFS v. S.S., 372 N.J.
Super. 13 (App. Div. 2004), certif. denied, 182 N.J. 426 (2005).
