In M.J.T. v. A.V.B., the New Jersey Appellate Division overturned the trial court’s entry of a Final Restraining Order (“FRO”) against the defendant. The only witness to the alleged incident of domestic violence was the couple’s nine year old son. Due to the delicacy of the situation, in lieu of traditional testimony the judge interviewed the child one on one. The trial court was reversed by the Appellate Division on two grounds. First, due to the trial court’s failure to substantiate the credibility of the child during the interview. Second, although a traditional cross examination of the child was not necessary, the defendant’s due process rights were violated because he did not have any sort of opportunity to cross-examine the child or refute the testimony. To read the full opinion, click here.