E763 VercammenLaw News

 

E763 VercammenLaw News 1 Veteran’s Day November 11 2 Sgt. Al Vercammen in Korean War 3  Veterans and Sons/Grandsons of Veterans should join the American Legion Recent Cases 4 Egregious physical force reversed the denial of FRO 5 Defense Expert admissible in vehicular homicide prosecution  6 Ordinance statute N.J.S.A. 40:49-5 limits the amount of a single fine to $2,000 1. Veteran's Day is November 11   Local military veterans will be holding services and other events this week to commemorate Veterans Day. The holiday, originally called Armistice Day, was created to honor veterans of World War I.    While in college at University of Scranton I wrote my senior class project on my grandfather Albert Louis Vercammen who fought in WWI against the German army with the Belgian Army. I wrote how he helped defeat the Germans to make the world safe for democracy.       The Vercammens in World History is now published  as part of the new Amazon book: Life & Times of Al & Carol Vercammen: plus Vercammens in World History https://www.amazon.com/dp/B0BKCSQVCX ref_=pe_3052080_397514860 Kindle $2.00 Paperback $6.00 2. Sgt. Al Vercammen in Korean War Decades after WWI, the Red Chinese stormed into North Korea in the Korean War and threatened Communism throughout Asia. The Army summoned my dad, Albert P. Vercammen, to go over and fight the invaders. He was on a Navy troop carrier crossing the Pacific when the North Koreans and Chinese heard about the fierce Vercammen fighting spirit. The North Koreans started to retreat and wanted to surrender. The United Nations let them call it a truce. Again, the world was safe for democracy.  While in Korea, my father Al Vercammen was promoted to Staff Sergeant. I recall him saying Korea was the coldest place in the world. Also, unlike the TV show MASH that had hot nurses, the ones in Korea were not attractive. The black and white photos taken in Korea my Dad show barren hills near their Spartan tents. It looked cold. I am glad I did not have to go over there. So as Americans, we thank our Dads and other Vets that got the call to duty [draft] and helped turn the tide against the Communists.   My father was fortunate to be in the Army since he was able to attend college on the GI Bill at Newark College of Engineering, now NJIT.  After drafted he went by train to basic training near Indianapolis. Basic training was like Officer & Gentleman Movie and Full Metal Jacket. He said for 16 weeks a Drill Sergeant yelled at everything.  At end of basic training they received weekend pass before they would leave for Korea from Spokane . He decided to take the train back to Jersey City to see his parents. Knowing they would miss the train to the west coast Al and other Army buddies paid their way to fly to Spokane to make the ship to Korea. My late father-in-law John Bachenski served in WWII in the Army Air Corp, the forerunner of the Air Force. He helped start the sonar radar program for the Army. He successfully helped defend the air base at Boca Raton, Florida from any German U boats.    I always stand for the National Anthem to honor veterans and those who served. Numerous events to honor veterans will be held across NJ and the USA. 3. Veterans and Sons/Grandsons of Veterans should join the American Legion To honor my Dad and other veterans I joined the Sons of American Legion. I am a Member of Sons of American Legion, Edison Father & Son Post 435, which is located on 43 Oakland Ave, Edison, NJ 08817 near Plainfield Ave and Wick Plaza.  On November 11 at the Edison American Legion, Ken V will buy a beer for All Veterans in attendance, plus anyone holding an American Legion card. Edison Elks are also permitted to attend. To join an American Legion, Eligible veterans would be able to provide a Form DD214 (or similar) to verify their eligibility. If you don’t meet these requirements, you can still support the USA and Posts of the American Legion. It’s possible that you may be able to join one of the other organizations in the “Legion Family.” The Sons of The American Legion (SAL) is comprised of male descendants, adopted sons and stepsons of American Legion members. (There are no age limitations.) Many posts have an active SAL program and you can contact one near you to learn more. (Visit www.legion.org/sons for more information.) Their sister organization is the American Legion Auxiliary. Eligibility is open to mothers, wives, daughters, sisters, granddaughters, great granddaughters, or grandmothers of members of The American Legion, or of deceased veterans who served in the United States Armed Forces during the listed war eras. It’s nice to stop in the canteen [social quarters] after work to watch a game, have a beer or pizza with locals. https://www.facebook.com/American-Legion-Father-Son-Post-435-474025345951817/ The American Legion is a patriotic veterans organization devoted to mutual helpfulness.  Hundreds of local American Legion programs and activities strengthen the nation one community at a time. American Legion Baseball is one of the nation’s most successful amateur athletic programs, educating young people about the importance of sportsmanship, citizenship and fitness. The Operation Comfort Warriors program supports recovering wounded warriors and their families, providing them with “comfort items” and the kind of support that makes a hospital feel a little bit more like home. The Legion also raises millions of dollars in donations at the local, state and national levels to help veterans and their families during times of need and to provide college scholarship opportunities. To contact the American Legion, Edison Father & Son Post 435 Call (732) 985-9768. Hall Rental also available for events More details at http://www.legion.org/membership/faq        I also join the VFW Auxiliary of VFW Post 133 485 Cranbury Road East Brunswick, NJ 08816 (732) 254-9674 https://www.facebook.com/EBVFW133/ Membership requirements of VFW are similar to the American Legion. Both men and women are in the auxiliary. East Brunswick VFW has Friday night dinners, plus sponsors a popular 5k race every July. VFW also has Hall Rental also available for events. 4. Recent Cases Egregious physical force reversed the denial of FRO G.G.S. vs. A.C.B.  The appeal raised important questions under the New Jersey Prevention of Domestic Violence Act when the predicate act of domestic violence involves egregious physical force – in the case, an acquaintance rape involving manual strangulation. While the Appellate Division acknowledged the deference generally shown to Family Part judges in domestic violence cases, given the disturbing facts proved at trial and found by the trial judge, the Appellate Division reversed the denial of plaintiff's request for a final restraining order and remanded for entry of an order. A-3315-24     In reaching that conclusion, the court addresses the tension that can arise between two important principles that inform the decision on whether to issue an FRO under the PDVA: first, that the trial judge must consider whether the predicate act was part of a pattern of historical domestic violence involving the parties; and second, that the need for an FRO is often "perfunctory and self-evident" when the predicate act involves physical violence, especially when the unlawful force is severe. In this instance, the court accords greater significance to the egregiousness of the physical force inflicted upon the victim than to the fact that there was no history of past acts of domestic violence between the parties. The forcible date rape, in other words, was a sufficiently egregious action to warrant an FRO notwithstanding that it was the first and only act of domestic violence defendant perpetrated against the victim.     The court further explains that when applying the perfunctory-and-self-evident principle to the facts of specific cases, the severity of the predicate act is an important consideration, since the more egregious the unlawful conduct, the greater the need for protection from further abuse. Aside from the egregiousness inherent in nonconsensual sexual penetration, the court emphasizes that the assaultive conduct in this case involved strangulation, signaling the kind of coercive control that the PDVA is designed to forestall, even when it does not rise to the level of attempted murder or render the victim unconscious. The court holds that while there are no automatic FROs under the PDVA framework, strangulation by itself can be a sufficiently egregious action so as to invoke the perfunctory-and-self-evident principle.     Aside from addressing the legal impact of the egregiousness of the physical force that was inflicted upon the victim, the court also considers the "immediacy" of future harm that must be shown to warrant an FRO. Although a plaintiff seeking an FRO under the PDVA bears the burden of establishing the need for protection from further abuse, the foreseeable abuse need not be imminent and the risk of it coming to fruition should be assessed in the context of the victim's best interests. The court explains that in cases like this one, where future contact between the parties is foreseeable, a victim of extreme physical violence has a right to be assured that the assailant's conduct during any future encounter will be constrained by the terms of an enforceable judicial order—one that can be presented to police if needed.     The court thus concludes that once the trial judge made his credibility findings, credited plaintiff's testimony, found that defendant committed forcible acquaintance rape and strangled the victim, and acknowledged the parties might run into each other at the college they will both soon attend, the decision whether to issue an FRO became perfunctory and the need for the protection of an FRO self-evident. Full opinion at Criminal Law- Recent Cases Vercammen Law   https://njcriminallaw.blogspot.com/2026/10/egregious-physical-force-reversed.html 5. Defense Expert admissible in vehicular homicide prosecution  Defendant’s proffered expert testimony regarding the assessment of defendant’s culpability for the victim’s death, pursuant to prong one of N.J.S.A. 2C:2-3(c), is relevant in a vehicular homicide prosecution. An N.J.R.E. 104 hearing is not necessary to determine whether defendant’s proposed experts may testify. A-56-24  Full opinion at Criminal Law- Recent Cases Vercammen Law   https://njcriminallaw.blogspot.com/2026/10/state-v-dinapoli.html 6. Ordinance statute N.J.S.A. 40:49-5 limits the amount of a single fine to $2,000 Plaintiff the Township of Springfield appealed from a Law Division order reducing a fine imposed by a municipal court on defendant Springfield Urban Renewal Center Corp., following its conviction for violating an ordinance. The ordinance required a certain type of safety fencing for construction sites and imposed a $250 per day fine for each day the fencing was not installed. The municipal court found defendant guilty and imposed a fine with costs totaling $67,533. The Law Division affirmed the guilty finding but concluded N.J.S.A. 40:49-5 limited the total fine that could be imposed to $2,000.       On appeal, the court reversed and held N.J.S.A. 40:49-5 limits the amount of a single fine to $2,000 but contains no language barring the imposition of per day fines that cumulatively exceed $2,000. The court concluded its holding was supported by the plain language of the statute and Township of Pennsauken v. Schad, 160 N.J. 156 (1999). The Law Division's reliance upon Perrine Terrace Land Co. v. Brennan, 101 N.J.L. 487 (Sup. Ct. 1925) was inapposite because it was decided on different grounds. Furthermore, although the New Jersey Supreme Court decided Perrine, the decision pre-dated the 1947 Constitution when that court was not the highest court in the State. Therefore, Perrine does not have the same binding authority as Schad. The court reversed and remanded for resentencing. A-1876-  Full opinion at Criminal Law- Recent Cases Vercammen Law   https://njcriminallaw.blogspot.com/2026/10/state-v-springfield-urban-renewal.html

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