NEW JERSEY’S SEXUAL ASSAULT SURVIVOR PROTECTION ACT PROVIDES PROTECTIVE ORDER FOR THOSE NOT ELIGIBLE FOR RESTRAINING ORDER UNDER PREVENTION OF DOMESTIC VIOLENCE ACT

April 26, 2024 |

C.R. v. M.T. Docket No. A-47-22 Decided April 22, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent decision, the Supreme Court of New Jersey affirmed the entry of a Final Protective Order (FPO) under the Sexual Assault Survivor Protection Act of 2015 (SASPA) and analyzed the appropriate legal standard. In C.R.…

NJ MVC will require any offender who installs pre-court to return to Motor Vehicles a second time in order to start their sentence.

April 24, 2024 |

MVC sees the new law as not giving credit to offenders for interlock time served prior to conviction. They contend that the sentence lengths post conviction will remain the same. As a matter of process they will need a start time for the interlock requirement and will need the offender to return to MVC with…

NJ v. Vega: Marijuana, Firearm Search Ruling

April 17, 2024 |

State of New Jersey v. David Vega Docket No. A-3527-21 Decided March 25, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress marijuana located in the center console and a firearm in a backpack…

DISSOLVING A FINAL RESTRAINING ORDER IN NEW JERSEY

April 13, 2024 |

L.V. v. R.V. Docket No. A-3446-21 Decided April 11, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed the denial of a motion to dissolve a Final Restraining Order (FRO) after defendant failed to prove a substantial change in circumstances. In L.V. v.…

NEW JERSEY CROSS TEMPORARY RESTRAINING ORDERS DISMISSED DESPITE COURT NOT ADDRESSING PRIOR HISTORIES OF DOMESTIC VIOLENCE

April 2, 2024 |

J.T. v. A.S.A. Docket No. A-1860-22 A.S.A. v. J.T. Docket No. A-2152-22 Decided March 28, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed the dismissal of cross restraining orders without considering any evidence of a past history of domestic violence from either…

NEW JERSEY ALIMONY AWARD OF FOUR YEARS REVERSED FOR THIRTY-THREE YEAR MARRIAGE

April 1, 2024 |

Margaret S. Frey v. Thomas G. Frey Docket No. A-2271-21 Decided March 28, 2024 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. The Appellate Division of New Jersey in a recent unpublished decision reversed a Dual Judgment of Divorce for alimony and equitable distribution for the Court’s failure to apply correct law to each category. In…

NJ v. Christopher Diantonio – Appeal of Denial of Suppression

March 29, 2024 |

State of New Jersey v. Christopher Diantonio Docket No. A-1083-22 Decided March 25, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress statements he had given to police. On August 12, 2020, defendant arrived…

Appeal: Denial of Robert Goworek’s FPIC Application

March 8, 2024 |

Docket No. A-2399-21 Decided March 1, 2024 In the Matter of the Appeal of the Denial of Robert Goworek’s Application for a FPIC Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided petitioner, Robert Goworek’s appeal from a January 2022 Law Division order denying his…

C.P. vs J.S. – Hark & Hark Appellate Division Case

February 28, 2024 |

NJ Court Upholds Motor Vehicle Stop

February 16, 2024 |

State of New Jersey v. Michael Figueroa Docket No. A-1649-22 Decided February 1, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence seized during a motor vehicle stop. On February 21, 2021, while…