J.D. v. M.A.D.

The opinion of the court was delivered by

ACCURSO, J.S.G. (temporarily assigned).

Plaintiff, J.D., appeals that portion of a domestic violence final restraining order entered on her application against her husband, defendant M.A.D., granting him exclusive possession of their marital home and temporary custody of their two children. Because that order denied the victim of domestic violence temporary custody of her children, contrary to the statutory presumption contained in N.J.S.A. 2C:25-29b(ll), and restrained her from her home without statutory authorization, we reverse.

These are the facts…