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Conroy v. Conroy

May 19, 2008

KAREN CONROY, PLAINTIFF-RESPONDENT,
v.
JAMES CONROY, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Middlesex County, Docket No. FV-12-2445-07.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 5, 2008

Before Judges Lintner and Graves.

Defendant James Conroy appeals from two orders: (1) a final restraining order (FRO) entered on June 22, 2007, pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to-35, in favor of his wife, Karen Conroy; and (2) a subsequent order awarding plaintiff counsel fees in the amount of $1900. On appeal, defendant presents the following arguments:

POINT I

THE RECORD BELOW DOES NOT SUPPORT A FINDING THAT THE PLAINTIFF MET THE CRITERIA OF N.J.S.A. 2C:25-28f TO WARRANT AN EX PARTE EMERGENCY HEARING OR THAT AN ACT OF DOMESTIC VIOLENCE OCCURRED.

POINT II

THE COURT'S BASIS FOR ENTERING THE FINAL ORDER WAS A MISAPPLICATION OF THE LAW AS PLAINTIFF DID NOT ESTABLISH THE REQUISITE ELEMENTS PROVING AN ACT OF DOMESTIC VIOLENCE.

POINT III

DEFENDANT'S PROCEDURAL AND SUBSTANTIVE DUE PROCESS RIGHTS WERE VIOLATED WHEN HE WAS DENIED REPRESENTATION AT THE EX PARTE HEARING AND DENIED THE RIGHT TO APPEAL THE TEMPORARY RESTRAINING ORDER, THEREFORE MAKING THE NJPDVA UNCONSTITUTIONAL UNDER BOTH THE STATE AND FEDERAL CONSTITUTIONS.

A. THE EX PARTE HEARING PROVISION IN THE NJPDVA IS UNCONSTITUTIONAL BECAUSE IT UNREASONABLY AND IRRATIONALLY DENIED THE DEFENDANT THE RIGHT TO APPEAR AND DEFEND THE ALLEGATIONS AT THE HEARING AND THEREFORE VIOLATED HIS RIGHT TO DUE PROCESS UNDER THE LAW.

B. THE TRIAL COURT VIOLATED THE DEFENDANT'S RIGHTS OF DUE PROCESS WHEN HE WAS DENIED THE RIGHT TO APPEAL THE INITIAL TRO ...


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