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On Jan. 31, 2020, based upon a prior history of domestic violence as well as a Nov. 21, 2019, incident, Irene obtained a temporary restraining order (TRO) against, her estranged husband, defendant E.J.H. State v. E.J.H., 2021 WL 162000; ___ N.J. Super. ___ (App. Div. 2021). The TRO included a provision for E.J.H.’s parenting time with the couple’s daughter, which was to be supervised by two family members and required a nesting security camera to be on during the parenting time. The camera was intended “to ensure Irene’s ability to observe … defendant’s interactions with their daughter.” 

In less than a month, Irene filed a complaint against E.J.H., charging him with the disorderly persons offence of violating the TRO. N.J.S.A. 2C:29-9(b)(2). Specifically, during his parenting time on Feb. 23, 2020, E.J.H. “looked directly at the camera and stated Oh I’m sorry I wasn’t nice to you. Good reason to keep my daughter from me for three months, because I wasn’t nice to you.” Defendant “then made a lewd gesture (flipped the bird) at the camera”.

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