Archive for September 2011

NEW JERSEY LAWYERS CONSIDER RECENT NJ SUPREME COURT OPINION UPHOLDING CONSTITUTIONALITY OF THE PREVENTION OF DOMESTIC VIOLENCE STATUTE.

The Supreme Court of New Jersey, by unanimous vote of all seven Justices of the Court, affirmed the constitutionality of the Prevention of Domestic Violence Act as set forth in N.J.S.A. 2C:25-17 to 35. Specifically, the Court rejected procedural due process arguments which were argued rendered the statute in violation of the New Jersey Constitution. One of the due process arguments centered upon the burden of proof in domestic violence restraining order hearings. That burden of proof is a preponderance of the evidence standard which the Supreme Court held conforms to the requirements of due process. Another argument addressed by the Court involved the Second Amendment right to bear arms in relation to the statutory provision under the Prevention of Domestic Violence Act which allows for the seizure of firearms upon a finding of domestic violence. In noting a similar issue currently before the United States Supreme Court, the NJ Supreme Court deferred a ruling but noted that “the rights secured by the Second Amendment are not unlimited” and may be subject to “reasonable limitations.”

Legal Quote of the Week:

At twenty a man is full of fight and hope. He wants to reform the world. When he’s seventy he still wants to reform the world, but he knows he can’t.

Clarence Darrow, Interview, April 18, 1936