J.D. v. M.D.F.
Supreme Court of New Jersey
25 A.3d 1045 (N.J. 2011)
J.D. (plaintiff) and M.D.F. (defendant) had lived together and had two children before splitting up. After J.D. started dating someone new, M.D.F. was seen photographing J.D.'s home early one morning and drove off once he was noticed. J.D. filed a domestic-violence complaint listing only that single photographing incident and obtained a temporary restraining order. At the full hearing, however, she testified to several earlier incidents of M.D.F. taking photos and other harassing conduct that were never in her written complaint; M.D.F. objected and asked for more time to prepare, which the trial court denied. M.D.F. testified he was only gathering evidence for a custody dispute. The trial court entered a final restraining order, and M.D.F. appealed.
Whether due process prohibits a trial court from converting a domestic-violence hearing based on one alleged incident into a hearing in which prior, unalleged acts of domestic violence are admitted into evidence.