Sending nude photos of ex girlfriend could be considered harassment K.J.B. v. E.O.

 Sending nude photos of ex girlfriend could be considered harassment K.J.B. v. E.O.

Defendant appealed a final restraining order entered on behalf of plaintiff, under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35. Plaintiff sought an FRO against defendant, arguing the sending of nude photos of plaintiff to a third person constituted a predicate act under the PDVA. Defendant argued the parties were professional commercial pornographic movie actors, and contended that the publishing or conveying of nude photos is constitutionally protected. The judge issued the FRO, finding defendant engaged in cyber harassment and that the weight of the evidence supported plaintiff's claim of a need for protection in the future. On appeal, the court affirmed the lower court's decision, finding defendant's arguments to be of insufficient merit to warrant further discussion in a written opinion per Rule 2:11-3(e)(1)(E). Minor inconsistencies with plaintiff's allegations did not negate the fact that the evidence supported the allegations of wrongdoing. Defendant also did not seek a continuance of the hearing in order to effectively respond to allegations that varied from the complaint. Defendant's arguments that the sending of nude photos cannot constitute harassment were unavailing. source- Daily Briefing https://www.law.com/njlawjournal/almID/1603481909NJA564618T/