Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

DeVries v. Gordon

March 20, 2009

CAROLYN M. DEVRIES, PLAINTIFF-RESPONDENT,
v.
HARMON P. GORDON, DEFENDANT-APPELLANT.



On appeal from the Superior of New Jersey, Chancery Division, Family Part, Bergen County, FV-02-2342-08.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 9, 2009

Before Judges Reisner and Alvarez.

Defendant Harmon P. Gordon appeals from a Final Restraining Order (FRO) entered on June 24, 2008, pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. We reverse and remand this matter to the trial court for further proceedings.

I.

The record is sparse. On June 5, 2008, plaintiff Carolyn M. DeVries filed a police report complaining that during an argument at their home, defendant, her boyfriend, had threatened to hit her and "bash" her skull. She also applied for and obtained, apparently ex parte by telephone, a domestic violence temporary restraining order (TRO) based on this allegation. The TRO excluded defendant from the house which the parties had shared for the past eight years.

When both parties appeared in court on June 24, 2008, plaintiff was represented by counsel, while defendant was pro se. During the brief proceedings, plaintiff's counsel reported to the judge that he "had a brief conversation" with defendant, who had indicated "that he would consent to the issuance of the final restraining order." Counsel also advised the judge that the parties had been living together in a house that they owned as co-tenants, and that the parties had arrived at "an agreement as to the listing of the house" for sale.

After advising defendant of the consequences of admitting to committing an act of domestic violence, the judge engaged in the following colloquy with defendant:

Court: [D]o you wish to admit to me that on or about June 5th you committed domestic violence against the plaintiff?

Defendant: Yes.

Court: By striking her?

Defendant: I didn't ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.