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  1. #1

    Default Appealing a Conviction for Violating a Family Restraining Order (FRO)

    My question involves criminal law for the state of: new jersey - after defending myself and loosing a blackmail contrived restraining order and then loosing a bogus FRO conviction with an appointed pro-bono, and then loosing the appeal with a different pro-bono, I'm filing a motion to reconsider the NJ Superior Court appellate affirmation.

    I'm looking for on-line case law and ways to research case law by the argument or issue at hand. any ideas?? (I know I can go to the law library for free and peel through their books but it is a tedious process without any real automation in searching.. I've done it before..)

    I have some case law citations that I'd like to get softcopy of the test but more importantly, I'm looking for newly released opinions and also older stuff that might apply to my issues.

    I can supply my issues and will do so if anyone can identify pertaintent case law. also if I'd be better to post in a different place, please let me know...

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Appealing a Conviction for Violating a Family Restraining Order (FRO)

    You can look for case law on sites like LexisOne and Google Scholar.

    Nobody can point you to case law unless you identify the relevant issue(s).

  3. #3

    Default Re: Appealing a Conviction for Violating a Family Restraining Order (FRO)

    thanks! I recall lexisOne was a pay site for caselaw. but I registered there so I can poke around. And the google scholar was just awsome (well I punched in one case and found it and see other cases hotlinked within the document - awsome!). I was hoping I might find some sort of databasing tool that might use key words or issues/arguments to get me to applicable case law. maybe the google scholar will do that for me with key word searches... do you know what is actually in the google scholar?? - I mean latency on the opinions. I used to understand how that worked with opinions that were for publication or not for publication and in the NJSA and then there was the stuff that was destined for publication and available as inserts..

    In case anyone can point me to applicable (perhaps very recent) NJ case law, my issue is as follows:
    trial court found that I was not guilty of harassment but rather just guilty of harassing contact prohibited by the FRO. Court found that I called her an asshole and showed her a photo with no other purpose in showing the photo other than to harass. oddly, the judge declined to make clear his findings on credibility and in this he said/she said case (no witnesses), the judge would not allow charater evidence. The appellate panel deferred to tge trial court findings of fact and affirmed (I do not see that they added value, or examined the testimony and wish I could find Supreme Court case law that found fault in Superior Appellate for lacking due dilligence). there was a difference in our stories. My Ex said I held the photo (of me with an old ex) out to her and said nothing. and then later yelled at her. I denined ever yelling at her or calling her an asshole and said she just saw the photo in a folder as I was showing my son. Under questioning, she said she didn't look at all the photos in the folder (lending credibility to my account.). I would like to find case law that defines an action as something that one does as compared to what one allows another to observe. Also, I;d like to find caselaw that relates to photos and jealousy/intimidation. Initially my Ex said the photo was intended to intimidate her because it was a pic of my old Ex that I threw down the stairs - I never did this but my old-Ex did get in a bad car accident and cooincidentally, the photo was of a different woman with the same first name as my old ex (the one that got in the car accident. I can put my fingers on a case that says harassing content is that which the harasser or reasonable person might find to be harassing to the harassie (perhaps someone with a snake phobia should not be subjected to a snake photo).. But then is there case law for mistaken harassment. what about pulling up to get your kids with a current girlfriend, is that harassing? what if the new GF is a stripper and she is scantilly clad? is that harassing? (I wouldn't do that BTW). where does my liability to not offend end and my constitutional right to freedom of expression begin?? sorry for the long post - been fighting this for years now.

  4. #4

    Default Railroaded in Trial Court and Sold Out by Court Appointed Pro-Bono

    My question involves civil rights in the State of: New Jersey.
    I posted recently under the Family law and Restraining Orders Forum but got no help in identifying applicable case law. In a nutshell, my case was a he said-she said case where my ex, with a restraining order against me, accused me of pushing in her door, and yelling at her while showing an intimidating photo. All was not true but conjured from the reality that I was there to pick up my kids and she started yelling at me (I walked away). The trial court found that I called her names (note that there were no witnesses) and showed her a picture which could not have any other purpose than to harass (My Ex's police report said that it was an Ex of mine that I injured but in court this fell apart, it was actually a pic of me and an old friend and I was showing my son as my Ex overlooked...). The trial court was unreceptive to any character evidence including tape recordings of my Ex threatening that if I didn't pay more child support, she would get a restraining order against me. This clearly showed her conjuring MO>

    can anyone point me to applicable case law involving:

    1. failure to prove beyond a reasonable doubt
    2. ineffective legal representation
    3. court bias
    4. court acting as prosecution
    5. court failing to consider character evidence

    And can anyone add to the arguments I should address in my Motion to Reconsider the Appellate Opinion to AFFIRM.

  5. #5
    Join Date
    Sep 2010

    Default Re: Railroaded in Trial Court and Sold Out by Court Appointed Pro-Bono

    Please do not keep creating threads to ask the same questions over and over again.

  6. #6
    Join Date
    Sep 2011

    Default Re: Railroaded in Trial Court and Sold Out by Court Appointed Pro-Bono

    You need a lawyer. You needed one then.

  7. #7

    Default Re: Railroaded in Trial Court and Sold Out by Court Appointed Pro-Bono

    thanks ron, did I post in the wrong place? At worst I think I posted it twice and assumed I had it in the wrong place because I got no response. is there a guideline for posting here and can you recommend a better way for me to get some help? or might you be of some help?

  8. #8
    Join Date
    Apr 2009
    Somewhere near Canada

    Default Re: Railroaded in Trial Court and Sold Out by Court Appointed Pro-Bono

    I think the point is that you're obviously in over your head and you need an attorney.

  9. #9

    Default Re: Railroaded in Trial Court and Sold Out by Court Appointed Pro-Bono

    I don't think that was ron's point. and I didn't ask if I need an attorney. that's easy advice. Of course I need an attorney but I can't afford it, and also considering the timing, I chose to do my best. thanks for the vote of confidence, can you offer any additional help or is this cite just a vehicle to advertise attorneys??

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