State of New Jersey v. M.F.L.

Syllabus

This matter involves a defendant sex offender's motion to modify his judgment of conviction (JOC) and Sex Offender Restraining Order (SORO) issued pursuant to Nicole's Law, N.J.S.A. 2C:14-2 and 2C:44-8. The SORO prohibited defendant from having any contact with the two victims—his step-daughters—his ex-wife, and their two minor biological children. Defendant moved to modify the JOC and SORO to allow him to have contact and parenting time with his two minor biological children through a third party. Applying the framework established in , 288 N.J. Super. 424 (Ch. Div. 1995), this court concludes that based on similarities between a SORO and a final restraining order issued under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, the factors set forth in are applicable to use in considering an application to modify or vacate a SORO, determining the continued necessity of a SORO.