As reported in the NJ Law Journal, litigants in family court domestic violence cases do not have a right to court appointed attorneys. Given that the consequences of a domestic violence hearing can be significant – no matter what side of the case you may find yourself – retaining the right attorney is critical. While the court found that the Domestic Violence Act, and the legislative intent behind the Act, does not provide for the appointment of counsel, it does all but require an award of reasonable attorney’s fees to the prevailing plaintiff / victim as a form of compensatory damages. If the defendant is succesful in defeating the request for a restraining order there is no allowance for their reasonable fees.
FAMILY LAW — DOMESTIC VIOLENCE — RIGHT TO COUNSEL
20-2-8805 D.N. v. K.M., App. Div. (Lihotz, J.A.D.) (25 pp.) In these back-to-back appeals of Family Part orders in two domestic-violence matters, we review whether there is a right to assigned counsel, and particularly, whether counsel should be appointed for indigent litigants presenting or defending domestic-violence complaints. We concluded the relief a court may grant and the remedies available under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, are curative. Therefore, the protections of due process do not require the appointment of counsel for indigents presenting or defending a private party’s civil domestic-violence action. Also, the Legislature did not intend to invoke the power of the state to prosecute civil requests for restraining orders. Rather, the act provides a plaintiff with a cause of action for civil relief for which there is no entitlement to assigned counsel.
