Crespo v. Crespo

972 A.2d 1169 (2009)

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Crespo v. Crespo

New Jersey Superior Court
972 A.2d 1169 (2009)

  • Written by Haley Gintis, JD

Facts

On March 16, 2004, Vivian Crespo (plaintiff) filed for a domestic-violence order of protection against Anibal Crespo (defendant) under New Jersey’s Prevention of Domestic Violence Act (PDVA). Vivian alleged that Anibal had verbally and physically abused her. The court issued a temporary restraining order and scheduled a hearing to determine whether a more permanent order was warranted. The hearing lasted until April 21, 2004. Following the hearing, the court issued a final protective order using the PDVA’s preponderance-of-the-evidence standard. Anibal moved for the trial court to vacate the order on the ground that the PDVA unconstitutionally violated his procedural-due-process rights guaranteed by the Fourteenth Amendment to the United States Constitution. Anibal argued that the PDVA violated due process by allowing a plaintiff to prove the abuse allegations by a preponderance-of-the-evidence standard. Anibal also argued that the PDVA violated due process by requiring a court to hold a hearing within 10 days of the filing of the complaint, by precluding the discovery process, and by not granting defendants a right to counsel. The trial court held that the PDVA was unconstitutional and vacated the order. The matter was appealed.

Rule of Law

Issue

Holding and Reasoning (Fisher, J.)

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