THE BERNARDS-RIDGE CONNECTION PAGE 12 APRIL/MAY 2026 theconnectionsnj.com recent New Jersey appellate decision demonstrates that the courts are ready to treat the misuse of modern technology such as Bluetooth trackers, GPS devices, and hidden audio recorders with the same seriousness as more traditional forms of abuse. The case involved a father who sought a restraining order against his child’s mother after discovering she secretly placed a listening device and a Bluetooth tracker in their twoyear-old’s bag. A private investigator working on the mother’s behalf had also attached a GPS tracker to the father’s car. The mother did not deny any of this. Instead, she maintained that her purpose was to ensure the child’s safety during the father’s parenting time. The trial court sided with the mother, concluding that because she had not intended to harass the father, and had not wanted him to discover the devices at all, her actions did not rise to the level of domestic violence. The court also found that the father had not shown the mother was trying to follow him or cause him harm. The father appealed and the Appellate Division firmly disagreed with the lower court’s reasoning. The appellate panel found that the trial court misapplied the law in several important respects. Most significantly, the court held that the legal standard for stalking does not focus on what the person planting the device subjectively intended. Rather, it asks whether the conduct, viewed objectively, would cause a reasonable person to fear for their safety or suffer emotional distress. The secret and repeated use of tracking and recording devices, the court concluded, is precisely the kind of behavior the stalking statute was designed to address. The appellate court also pointed to New Jersey’s 2024 amendment to its domestic violence statute, which now includes “coercive control” as a factor courts must consider when deciding whether to issue a restraining order. Among the behaviors that can constitute coercive control are monitoring another person’s movements, communications or daily behavior. Adding further weight to the father’s claims, the record showed that after the first Bluetooth tracker was discovered, his attorney had sent a letter warning the mother to stop tracking him. She continued anyway. The appellate court found this was strong evidence of a deliberate course of harassing conduct. The case was sent back to the trial court for a new hearing before a different judge, with the appellate panel having already determined that the predicate acts of harassment and stalking had been established. For anyone navigating a high-conflict separation or custody dispute, this decision is an important reminder that the law is evolving alongside technology. Devices that are marketed for convenience-finding lost keys or luggage-can become instruments of surveillance and control. New Jersey courts have made clear that secretly tracking or recording a co-parent is not a legitimate safety measure and may be considered domestic violence. If you have concerns about your own situation, consulting a knowledgeable family law attorney is the most important first step you can take. For more information regarding divorce in New Jersey, contact Morristown-based Fox Rothschild Family Law attorneys Eric S. Solotoff at esolotoff@foxrothschild.com or (973) 994-7501 or Jessica Diamond Lia at jlia@foxrothschild.com or (973) 994-7517. LAWYER’SVIEW When Smart Technology Becomes a Tool for Control: How New Jersey Courts Are Drawing the Line By Eric S. Solotoff and Jessica Diamond Lia and the Appellate Di A recent New Jersey appellate decision demonstrates that the courts are ready to treat the misuse of modern technology...with the same seriousness as more traditional forms of abuse. A recent New Jersey appellate deci Handling family law matters throughout New Jersey Sometimes Happily Ever After Needs a Rewrite. Not all stories have a fairytale ending. Our attorneys have the legal know-how and national firm resources it takes to design a successful strategy for complex, high net worth divorces.* Dedicated. Driven. Committed to helping you turn the page.* Eric Solotoff esolotoff@foxrothschild.com 973.994.7501 Jessica Diamond Lia jlia@foxrothschild.com 973.994.7517 Morristown | Princeton | Atlantic City *Results may vary depending on your particular facts and legal circumstances.
RkJQdWJsaXNoZXIy NzA2NDY0