RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2952-20 D.S.J.-S., Plaintiff-Respondent, v. O.L.-A., Defendant-Appellant. _______________________ Submitted March 24, 2022 – Decided March 31, 2022 Before Judges Alvarez and Mawla. On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Middlesex County, Docket No. FV-12-0832-20. Law Office of Jordan B. Rickards, attorneys for appellant (Jordan B. Rickards, on the brief). Respondent has not filed a brief. PER CURIAM Defendant O.L.-A. appeals from a May 21, 2021 order denying reconsideration of an October 20, 2020 order denying his motion to vacate a final restraining order (FRO) entered in favor of plaintiff D.S.J.-S., pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. We reverse and remand for further proceedings consistent with this opinion. On November 1, 2019, plaintiff filed a domestic violence complaint alleging defendant committed acts of assault, harassment, and terroristic threats. Plaintiff was granted a temporary restraining order (TRO) and it was served on defendant, who was in police custody. The matter was heard on November 14, 2019. The trial judge made no inquiry regarding defendant's whereabouts, and instead questioned plaintiff. Plaintiff testified defendant was arrested on the night of the incident. After hearing the testimony, the judge stated: "Again the defendant has failed to appear here despite service and notice of today's proceeding." He then made fact findings and entered the FRO. On May 5, 2020, defendant filed a motion to vacate the FRO. His attorney certified defendant did not appear for the FRO hearing because he was detained by Immigration and Customs Enforcement (ICE) and held in the Essex County Correctional Facility on November 8, 2019, following his arrest. Defendant was scheduled to appear for deportation proceedings on May 8, 2020. Counsel's certification attached a November 4, 2019 ICE arrest warrant noting service on defendant on November 8, 2019, along with a notice to appear before an A-2952-20 2 immigration judge at a date yet to be scheduled. The notice corroborated defendant's detention at the Essex County Jail as of November 8. Counsel further certified "[d]efendant did not voluntarily absent himself from the [FRO] hearing, but was instead incarcerated at the time, and was not produced to court, even though he was in a neighboring county's correctional institution." Defendant's motion sought to vacate the FRO to "have an opportunity for a full and fair hearing for the [c]ourt to assess the credibility of the witnesses and hear from [d]efendant as to whether a [FRO] should be issued in this case." Plaintiff filed no opposition to the motion. On October 20, 2020, the trial judge denied the motion. The order noted "[n]o supplemental certification has been received as to …
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