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Court finds Text Messages are Enough to Establish Harassment in Domestic Violence Matter

The Appellate Division has upheld a trial court judge's decision to enter a final restraining order ("FRO") based on numerous text messages that the defendant sent to the plaintiff at invonconient times of the day. On appeal, the defendant argued that text messages should not be considered "harassment" because a text can be read at any given time, not necessarily at the time it was sent. T

he Appellate Division noted that the Domestic Violence Prevention Act focuses on when the communication was made, not when or how it is received. Therefore, it did not matter whether the plaintiff could have avoided checking the texts at the inconvenient time they were sent. 

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