Domestic Violence Charges Not A Right To Counsel in NJ

The NJ Appellate Division recently held, in D.N. v. K.M./K.M. v. D.N, that neither plaintiffs nor defendants in a domestic violence matter who cannot afford counsel are entitled to the representation of counsel at the expense of the state. The Appellate Division rendered this ruling even though one significant consequence of domestic violence is the immediate loss of weapons with the potential of permanent loss of weapons and the inability to purchase, possess or carry weapons in the future in the event of a guilty finding. In spite of legislation and a lean toward the removal of guns from the hands of the people, the right to keep and bear arms remains a constitutional right at this time. The Appellate Division offered the reasoning that, unlike other criminal actions, domestic violence is a matter of the victim against the defendant rather than the full force of the state of New Jersey against the defendant. The court further reasoned that domestic violence laws are curative in nature and designed to stop further acts of domestic violence. However, before the court can make a finding of domestic violence, it must find that an offense such as harassment, stalking or assault occurred. If you are facing domestic violence charges, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on assault, harassment, stalking, terroristic threats, child custody, domestic violence, parenting time/visitation, dissolution of a civil union, marriage or domestic partnership, alimony, palimony or other family and criminal law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Does Prenatal Use of Illicit Drugs Constitute Unfitness to Parent in NJ

The New Jersey Supreme Court heard the case of DYFS v. A.L., regarding whether prenatal drug use, specifically cocaine and marijuana, by a mother must result in a finding of unfitness to parent. Both the trial judge and appellate division ruled that the mother's prenatal use of cocaine resulted in abuse and neglect. The mother's attorney argued that a showing of harm to the child is required in order for the court to reach a determination of unfitness to parent. The State argued that prenatal use of drugs in the face of existing evidence of harm to children resulting from prenatal drug use is enough for a finding of unfitness to parent. A question raised by Justice Anne Patterson was also whether a pregnant woman legally taking prescription drugs, in spite of notice of potential danger to the child, could also be guilty of abuse and neglect. The State clarified that in the event there is harm to the child from a mother's use of prescription drugs, the mother's rights are protected. If you or your children's other parent are seeking a modification of custody, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on DYFS,custody, divorce, dissolution of civil union or domestic partnership, alimony, child support or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.