Officials accused of violating N.J. law

The wife of Sussex County Republican Committee chairman Joseph Labarbera appeared in Superior Court last week seeking final protective orders against Sussex County Commissioner Bill Hayden and Sussex Borough Mayor Robert Holowach for what she says are violations of the Victim’s Assistance and Survivor Protection Act (VASPA).

Danielle Labarbera says Hayden and Holowach, also Republicans, took to social media last month to amplify past domestic challenges between the couple to distract from Hayden’s recent indictment and to damage Joe Labarbera’s role as chairman of the county GOP.

In testimony before Judge Thomas Critchley on Friday, Aug. 15, she acknowledged that she had requested an order of protection against her husband in 2020.

“The defendants’ posts are not random musings - they are direct, targeted and intended to intimidate me and my husband by publicizing private and personal text messages and false information,” she said.

“We have reconciled and built a strong family together and whatever took place in the past is not relevant to anything going on in our lives now and certainly not appropriate for public consumption.”

She added that online commentary about the couple’s personal lives may affect their ability to maintain their present lifestyle.

Hayden and Holowach, who were served with VASPA protective orders July 17 and July 21, respectively, said their public posts and comments were directed toward Joseph Labarbera out of concern for both the party and his wife.

“Commissioner Hayden and I recognized that while it was necessary to establish the facts regarding the conduct of the Sussex County Republican Committee (chairman), our first responsibility was also to protect the victim,” Holowach said after the proceedings. “As leaders, we reaffirm our commitment to standing against domestic violence in all its forms.”

Don Hogan, a lawyer who advised Danielle Labarbera in court while her attorney tended to a personal matter, said that if the defendants were concerned about her well-being, they would have contacted someone on her behalf instead of posting messages on Facebook.

Holowach provided Critchley with copies of what he said were text messages between Danielle Labarbera and former Sussex County Republican Committee vice chairwoman Barbara Holstein relating to alleged domestic violence.

Critchley said he would not enter the texts into the court record because, even if authentic, the conversation was not meant for public view.

The judge’s decision whether to make the temporary orders of protection permanent is expected Sept. 22.

At issue, he said, are the defendants’ right to free speech, whether Danielle Labarbera is a public figure (she had a brief leadership position with a local chapter of Moms for Liberty) and if the defendants’ social media activity is covered by VASPA.

Effective last year, VASPA provides an avenue for victims not covered by domestic violence statutes to seek a protective order for certain offenses, including acts of stalking and cyber-harassment.

Michael Schnackenberg of the Sussex County Informer Facebook page, also was served with a temporary order of protection July 21. He did not appear in court alongside Hayden and Holowach.