No Simple Assault based on 39:4-96 – Pamula v. Torelli (UNP)

The Attached Opinion, Pamula v. Torelli HAS NOT been approved for publication

Pamula v. Torelli, an unpublished Appellate Division released today involves an appeal of a domestic violence FRO. At the hearing in Family Court, the judge used the recklessness definition under NJSA 39:4-96 in determining that the defendant had recklessly committed an act that appeared to the judge to be some type of assault with a motor vehicle.

The Appellate division reversed the granting of the FRO and ruled that a Family Court judge must decide by a preponderance of the evidence if one of the foundational criminal offenses in the Prevention of Domestic violence Act has been violated. Moreover, the proper definition of recklessness to be used in deciding a simple assault allegation in the one in the Code of Criminal Justice, not the one in Title 39.

Download a copy of Pamula v. Torelli

Category: Muni-Mail Archive