J.F. v. B.K

In J.F. v. B.K., 308 N.J. Super. 387, 706 A.2d 203 (App.Div.1998) the Court addressed the trial judge's finding of an act of domestic violence made at the final restraining order hearing, not in a contempt proceeding. There we found that the issuance of a restraining order is limited to the facts contained in the domestic violence complaint. Id. at 391-92, 706 A.2d 203. It is "unfair" and a violation of due process to issue an order on acts of domestic violence not mentioned in the complaint. Id. Defendant in J.F. v. B.K. had no knowledge of these allegations prior to the hearing; this prevented defendant from properly defending himself.