E736 VercammenLaw News

1. Domestic Violence must be proven by preponderance to evidence

2. Court found no bias and no reversible error in trial court's discussion of the officer's report

3. Disorderly charges at College football games & Jersey Shore towns and bars

4. Fall 2025 Upcoming Running Races

5. Garage Rental Space Edison

6. Free Office Space for Transitional or New Attorney & Mentor program- Edison, NJ

7. Photos Tim McLoone NJ Hall of Fame8 Ryan Redington Iditarod Alaska Trail Sled Dog Race champion

1. Recent cases Domestic Violence must be proven by preponderance to evidence G.S. v. K.F.

Plaintiff appeals from the Jan. 26, 2024 Family Part order denying his request for a final restraining order (FRO) under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, and dismissing his temporary restraining order (TRO) against the defendant. After reviewing the record in light of the parties' arguments and the governing legal principles, the Appellate Division affirmed.

This appeal focuses on the first prong of the Silver test. We reiterate and stress that under the PDVA, a plaintiff is required to prove by a preponderance of the evidence that the defendant committed at least one of the offenses listed in N.J.S.A. 2C:25-19(a). We note that while a violation of a civil restraint is relevant to proving intent as part of the totality of the circumstances, violations of matrimonial restraints are not per se acts of domestic violence. See N.B. v. S.K., 435 N.J. Super. 298, 307-08 (App. Div. 2014).

In J.D. v. M.D.F., our Supreme Court acknowledged that "[not all

offensive or bothersome behavior . . . constitutes harassment." 207 N.J. at 483.

The Court added, "[n]or are a plaintiff's mere assertions that the conduct is harassing sufficient." Id. at 384 (citing Chernesky v. Fedorczyk, 346 N.J. Super. 34, 40 (App. Div. 2001)). Importantly for purposes of this appeal, the J.D. Court 6 A-1638-23explained, "[t]o be sure, the decision about whether a particular series of events.

rises to the level of harassment or not is fact-sensitive." Ibid.

To establish that defendant committed the predicate act of harassment, plaintiff was required to prove that she acted with the purpose to harass. See Corrente v. Corrente, 281 N.J. Super. 243, 249 (App. Div. 1995) ("Integral to a finding of harassment . . . is the establishment of the purpose to harass, which is set forth in the statute itself."). As we have noted, the parties present.

dramatically different interpretations of defendant's purpose for returning to the residence on the occasion that gave rise to the TRO.

The trial court after hearing the witnesses and examining the exhibits concluded that plaintiff failed to prove that defendant committed a predicate act of domestic violence by a preponderance of the evidence. Given the deferential standard of our review, we decline to second guess the trial court's conclusion that plaintiff failed to satisfy the first prong of the Silver test. While this is a close case turning largely on witness credibility, we are unpersuaded that the court's findings are "manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to offend the interests of justice." C.C., 463 N.J. Super at 428. 7 A-1638-23.

In reaching this conclusion, we are mindful that one of the key purposes of the PDVA is to "'assure the victims of domestic violence the maximum protection from abuse the law can provide.'" G.M. v. C.V., 453 N.J. Super. 1, 12 (App. Div. 2018) (quoting State v. Brown, 394 N.J. Super. 492, 504 (App. Div. 2007)); see also N.J.S.A. 2C:25-18. We note in closing that should defendant violate the consent order in the future, an ensuing FRO application may lead to a different outcome, since any future violation, viewed in context with the incident at issue in the present appeal, would support an inference that defendant returned to the property with the purpose to harass plaintiff.

Source Daily Briefing 8-01-25 The Daily Briefing is an exclusive New Jersey State Bar Association member benefit, in partnership with the New Jersey Law Journal. Join the NJ State Bar Association for this and other benefits, plus join the NJSBA Municipal Court Section.

2. Court found no bias and no reversible error in trial court's discussion of the officer's report State v. Chopp.

Defendant appealed the denial of her de novo appeal following a municipal court conviction for driving under the influence. Officer observed defendant's truck having difficulty maintaining its lane, stopped the vehicle and detected an odor of alcohol and noted defendant's glassy, bloodshot eyes. Defendant admitted to consuming alcohol and failed three field sobriety tests. Defendant moved to suppress evidence from the vehicle stop and arrest, claiming lack of reasonable suspicion and probable cause. Municipal court found officer had reasonable suspicion for the stop and probable cause for the arrest based on his observations and defendant's performance on sobriety tests. Defendant made the same arguments to the Law Division which asked counsel for officer's incident report. Defense counsel objected because the report had not been in evidence in the lower court and had been used exclusively to cross-examine officer. Law Division ultimately decided it did not need the report and affirmed the municipal court. Defendant moved for the Law Division court's disqualification arguing its order to produce the incident report showed bias. Law Division declined to recuse itself.

Defendant argued the trial court showed bias and overlooked issues with officer's credibility. Court found no bias and no reversible error in trial court's discussion of the officer's report. Court also noted officer's dated field sobriety training did not defeat his credibility considering his 32-years of experience as an officer and his involvement in 1,000 DWI investigations. Court did identify an illegal sentence in defendant's plea agreement, because the one-day license suspension was not authorized under amended N.J.S.A. 39:4-50, and remanded for resentencing consistent with statutory requirements. Unreported source Daily Briefing 4-23-25.

3. Disorderly charges at College football games & Jersey Shore towns and bars.

Kenneth Vercammen’s Law Office represents people charged with criminal and Municipal Court offenses. We provide representation throughout New Jersey. Criminal charges can cost you. If convicted, you can face high fines, jail, Probation and other penalties.

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court

Jail 2C: 43- 8 jail 6-month maximum max

probation 1-2 year

community service 180 days maximum

mandatory costs, VCCB and other penalties

Disorderly- fines: 2C: 43- 3 $1,000 Fine maximum

There are many other penalties that the court must impose in criminal cases, including DNA testing. There are dozens of other penalties a court can impose, depending on the type of matter

2C :28-7 . Fake ID called Tampering with public records or information

2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:

(1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or

(2)Negligently causes bodily injury to another with a deadly weapon; or

(3)Attempts by physical menace to put another in fear of imminent serious bodily injury.

• Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

New law finally establishes a Conditional Dismissal Program in Municipal Court. Ken Vercammen testified in favor of the passage before the Assembly Judiciary Committee.

The Conditional Dismissal program in Municipal Court for certain first-time offenders permits defense counsel to make a Motion that the charge would be dismissed at the end of a one year probationary period.

“This initiative will give a broader range of first-time offenders who have committed a minor offense an opportunity to turn their lives around,” “The program will help foster participants’ rehabilitation and future success by giving them appropriate penalties without having the offense be a part of their permanent criminal record.” This law also helps Police and Prosecutors since it requires a guilty plea, thus reducing the need for trials and officer testimony.

The law allows future Dismissal for many non-drug offenses, such as disorderly person’s offenses, which have not been able to participate in similar programs before.

“First-time offenders who are screened to meet the eligibility requirements will be able to use the program to avoid having a record that cannot be expunged until years after the sentence is served.

Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition (2C: 35-10)

It is a criminal offense for any person knowingly or purposely, to obtain, or to possess actually or constructively, a controlled dangerous substance or controlled substance analog.

• Depending on the circumstances, a crime of third degree, fourth degree, or a disorderly persons offense.

Drug offenses:

There are dozens of other penalties a court can impose, depending on the type of matter. Read www.njlaws.com/jail_for_crimes_and_disorderly_conduct.html

2C:33-15 Underage Possession/Consumption Alcohol

a. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $500.00.

33:1-81. Underage drinking and Misrepresenting age to induce sale or delivery to minor; disorderly person.

Resisting Arrest: Eluding Officer

It is a criminal offense in the State of New Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer from effecting a lawful arrest.

• A crime of the fourth degree.

• Indictable Crime Penalties [Felony type] [ Superior Court]

• • Jail potential Fine max Probation

• • 1^st degree 10- 20 years $200,000 [presumption of jail]

• • 2^nd degree 5-10 years $150,000 [presumption of jail]

• • 3^rd degree 3- 5 years $15,000 1 year- 5 year

• • 4^th degree 0- 18 months $10,000 1 year- 5 year

Hindering Apprehension or Prosecution (2C:29-3)

A person commits an offense if with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for any crime or motor vehicle violation.

• Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense.

Disorderly conduct 2C:33-2. a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he

(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or

(2) Creates a hazardous or physically dangerous condition by any act, which serves no legitimate purpose of the actor.

b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.

“Public” means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.

· Petty Disorderly person - 30 days jail maximum

Petty DP $500 max Fine, VCCB and other penalties

Sometimes an experienced attorney can negotiate with the prosecutor to have the charges reduced to a Municipal Ordinance. Other times for first offenders we can make a motion for the first offenders program, .

Don’t give up! Our Law Office can provide experienced attorney representation for criminal violations. We also help represent persons who are injured at bars and restaurants.

Our website www.njlaws.com provides information on criminal offenses we can be retained to represent people.

CONCLUSION

If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don’t rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and career is on the line, hire the best attorney available.

4. Fall 2025 Upcoming Running Races for Charity often participated by Kenneth Vercammen.

9/20 Lake Como fest 5k

https://runsignup.com/Race/NJ/LakeComo/LakeComoDay5k

9/27/25 Neptune 5k Pound the Pavement for Purple 5K https://runsignup.com/Race/NJ/Neptune/PoundthePavementforPurple

10/4/25 Shillelagh Pat Magovern 5K

Lake Como, NJ 07719 [Belmar] FSOS

https://runsignup.com/Race/NJ/LakeComo/Shilleagh5KandOneMileWalk

10/5/25 5k @ 8:00 am

SEASIDE HALF MARATHON AND 5K

https://oceanrunningclub.org/event/seaside-half-marathon-and-5k-seaside-heights-atlantic-city/

31 minutes from Neptune

10/5/25 Jersey Shore Half Marathon and 2 Mile Run SAC

Sunday, 2 mile 9:10

https://www.shoreac.org/jersey-shore-half.html#/

39 minutes from Neptune

10/19 Tunnel to Towers 5K Run & Walk - Jersey Shore, NJ

Sun October 19, 2025

https://runsignup.com/Race/Events/NJ/Wall/TunnelToTowers5KRunWalkJerseyShoreNJ

10/26 JSRC Deal Trick or Trot 4 mile Sunday 10am

https://runsignup.com/Race/NJ/Deal/JSRCTrickorTrot

11/2 watch NYC Marathon [Ken competed in NY marathon twice]

10/9 Hashathon 6 Mile Treacherous Trail Run, 11am

JSRC Hashathon - Matawan, NJ -

https://runsignup.com/Race/NJ/Matawan/Hashathon

11/15 River Rock 'N Run 5K Solo 5K 9am Sat

https://www.adventuresignup.com/Race/Events/NJ/Brick/riverrock

11/22 Manasquan Turkey5-mile Sat 11am party at Leggett’s after race discount beer co-sponsor Wakefern Shoprite jsrc.org

https://runsignup.com/manasquanturkeyrun

11/28 Born to Run 5 mile Freehold 11am Friday after Thanksgiving great Freehold FARC event. A free beverage after the race. https://runsignup.com/Race/NJ/Freehold/BorntoRun5Mile

11/29/25 Crazy Eddie Memorial Hash run- not a race, trail hash with beverage stops Saturday Rumson Hasher HHH Saturday 10:17

11/30/25 Navesink Challenge 12k & 5k 10am 10:10 for 5k Post race at Red Bank elks [Ken V runs 5k] https://www.jsrc.org/navesink-challenge

12/6 Jingle Bell 5k (Holmdel) 9am

https://events.arthritis.org/index.cfmfuseaction=register.start&eventID=1693

12/6/25 Asbury Santa Run 10am https://www.apsantarun.com

12/7 Toys for Tots 5K 10am Freehold NJ Tighe Park

https://www.farcnj.com/races

5. Garage Rental Space Edison.

EDISON for storage of antique cars or supplies

1 space available

$100 month Electricity included

drive up access

Call 732-816-4449 during business hours

[No contractor vehicles. No repairs or cleaning permitted on site.

This is a professional building]

2053 Woodbridge Ave,. Edison, NJ

6. Photos Tim McLoone with Shore SAC President Joe Compagni and Ken Vercammen at Asbury Sheehan 5k.

Tim McLoone is a NJ Hall of Fame 2018 INDUCTEE

As a teen, he attended Seton Hall Prep in West Orange, immersing himself in running track and cross country. Then it was off to Harvard, where he was a track All-American.

By the age of 39, McLoone had tired of working the club circuit. Thinking he could make a go of it in business, he bought the Rum Runner, a bar and restaurant on the Shrewsbury River in Sea Bright. “I went into the restaurant business blindly,” he told a reporter for Community Magazine. He may have been blind, but he had a vision. He also had friends and backers who could help in a variety of ways—including Bruce Springsteen, who showed up unannounced (and in costume) to play a Halloween set with his band shortly after McLoone reopened the Rum Runner in October 1987.

Today, McLoone’s restaurant corporation has 11 New Jersey locations, mainly in Monmouth County, but also in West Orange, Bayonne, and Fords. Having carved out his first business success at the Jersey Shore, McLoone was on board for the birth of Pier Village in Long Branch with his McLoone’s Pier House location and for the rebirth of Asbury Park with McLoone’s Supper Club.

7. Photo Ryan Redington Iditarod Alaska Trail Sled Dog Race champion & Ken V past CJRR champion and NJ half marathon past winner.

Ryan Redington won the 2023 Iditarod Trail Sled Dog Race in Nome, Alaska.

https://iditarod.com/race/2024/mushers/83-Ryan-Redington/

Ryan Redington is a distinguished American dog musher from Knik and Skagway, Alaska. Born into mushing royalty, he is the grandson of Joe Redington Sr., the “Father of the Iditarod,” and grew up immersed in sled-dog culture—hooking his first team “as soon as he could hold onto the sled”. Ryan made his mark early by winning back-to-back Junior Iditarods in 1999 and 2000. Throughout his career, he competed in sprint and marathon races across Alaska and the continental U.S., including multiple Kobuk 440 victories in 2019 and 2021.

In March 2023, after 15 attempts and with a team of six dogs, Redington captured the Iditarod Trail Sled Dog Race title—the first in his family’s storied history—crossing the finish line in Nome in 8days, 21h,12m,58s. As an Inupiaq musher, he not only fulfilled a lifelong dream but also signified a cultural milestone as the sixth Alaska Native to win the race.

June 29, 1982 (age 43) Knik, Alaska, United States[1] Occupation Dog musher Children 2 Sport Country United States Sport Dogsled racing Event Iditarod Trail Sled Dog Race Ryan Redington (born June 29, 1982) is an American dog musher and dog sled racer from Alaska. Redington was the winner of the 1,000-mile (1,600 km) Iditarod Trail Sled Dog Race in 2023.[2] His grandfather, Joe Redington Sr., is known as the “Father of the Iditarod” for co-founding the 1,000 mile race in 1973, and helping to establish the route as a National Historic Trail.[1] He won the 2023 Iditarod and placed in the top ten during 2020, 2021, 2022. His 2025 run will be his 11th.