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CRESPO v. CRESPO

Nos. A-0202-08T2, A-0203-08T2.

972 A.2d 1169 (2009)

408 N.J. Super. 25

Vivian CRESPO, Plaintiff, v. Anibal CRESPO, Defendant-Respondent. Vivian Crespo, Plaintiff, v. Anibal Crespo, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 18, 2009.

Attorney(s) appearing for the Case

Anne Milgram, Attorney General, attorney for intervenor State of New Jersey, appellant in A-0202-08T2 and respondent in A-0203-08T2 (Nancy Kaplen, Assistant Attorney General, of counsel; V. Nicole Langfitt, Deputy Attorney General, on the brief).

O'Donnell, McCord & DeMarzo, attorneys for Anibal Crespo, respondent in A-0202-08T2 and appellant in A-0203-08T2 (David N. Heleniak, of counsel and on the brief).

Gibbons, P.C., attorneys for amicus curiae New Jersey Coalition for Battered Women (Lawrence S. Lustberg and Avidan Y. Cover, on the brief).

Andrew L. Schlafly, attorney for amicus curiae Eagle Forum Education & Legal Defense Fund.

Before Judges FISHER, C.L. MINIMAN and BAXTER.

The opinion of the court was delivered by

FISHER, J.A.D.

Two years after entry of a final restraining order (FRO) against him, defendant moved for relief from the FRO, claiming the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35, was unconstitutional for a host of reasons. The trial judge determined that the Act's "practice and procedure" components violate the separation of powers doctrine and that the Act's preponderance standard...

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