The trial court abused its discretion by finding that domestic violence had been committed but failing to issue a final restraining order; the trial court abused its discretion by finding that defendant lacked the requisite intent to commit sexual assault and criminal sexual contact based on his religion. We are satisfied that the judge was mistaken in determining not to issue a final restraining order in this matter in order to protect plaintiff from future abuse and in dismissing plaintiff’s domestic violence complaint.
The criminal law is the criminal law and cannot be superseded by any religion’s law. Domestic violence, including sexual violence, requires a restraining order, even if the parties live apart and are divorced. In this case, S.D. now has a child by her tormentor and is still living in the United States.
Bravo to lawyers Jennifer J. Donnelly and Michelle J. McBrian of Northeast New Jersey Legal Services who argued the case for S.D. and bravo to the Superior Court of New Jersey (Appellate Division) which did so; Judge Payne wrote the decision.
Thus, this decision is not really about the more sensationalized marital rape but rather about whether, based on all the domestic violence, including the repeated, violent and non-consensual rapes, this woman may continue to need a restraining order especially since she has given birth to her ex-husband’s child.
Yes, the lower court judge was exceptionally unjust—but many of those who have written about this case have focused more on the lower court decision than on the triumph of its reversal. However, they are also right: We, the American people, are in danger in terms of creeping shariah law being respected, feared, privately turned to, and even legally upheld by our court system.
