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New Jersey Supreme Court OKs Issuing Restraining Orders Based On Lowest Standard Of Proof!
The Supreme Court of New Jersey upheld the appellate decision in
Crespo v. Crespo that found the New Jersey Prevention of Domestic
Violence Act constitutional. The Supreme Court decision is
cursory. They state initially that "The judgment of the Appellate
Division is affirmed substantially for the reasons expressed in
the thorough opinion by Judge Fisher." They then quickly
summarize the appellate decision. They only add the observation
that the issue of whether the Second Amendment right to own a gun
applies to the States is presently pending before the United
States Supreme Court, and then state that they "need not reach
that point because the right to possess firearms clearly may be
subject to reasonable limitations," thus implying that even if New
Jersey has to respect gun rights, New Jersey taking away the gun
rights of someone pursuant to the Prevention of Domestic Violence
Act constitutes a reasonable limitation.
A syllabus the of the decision can be found at http://www.judiciary.state.nj.us/opinions/supreme/A2809CrespovCrespo.pdf.
Date of RADAR Release: Febuary 19, 2010
R.A.D.A.R. – Respecting Accuracy in Domestic Abuse Reporting – is a non-profit, non-partisan organization of men and women working to improve the effectiveness of our nation's approach to solving domestic violence. http://www.mediaradar.org
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