FINAL RESTRAINING ORDERS EASIER TO OBTAIN IN MODERN NEW JERSEY

May 19, 2020 |

Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark. C.C. v. J.A.H Docket No. A-4425-18T3 Decided May 4, 2020 P.E.O. v. R.J. Docket No. A-5354-18T1 Decided May 11, 2020 N.D. v. E.L.H. Docket No. A-3849-18T2 Decided May 11, 2020 Recent decisions by the Appellate Division have shown a trend towards favoring plaintiffs/victims when…

Final Restraining Order Dismissed Though the Plaintiff was Physically Assaulted

May 13, 2020 |

P.E.O. v. R.J. Docket No. A-5354-18T1 Decided May 11, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division considered whether Final Restraining Order (FRO) was properly dismissed although the plaintiff was physically assaulted, the parties lacked a history of domestic violence. In P.E.O., the…

Final Restraining Order with Lack of Domestic Violence History Between the Parties.

May 13, 2020 |

N.D. v. E.L.H. Docket No. A-3849-18T2 Decided May 11, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division considered whether Final Restraining Order (FRO) was entered properly against defendant without having a history of domestic violence between the parties. In N.D., the plaintiff and…

SECOND OMNIBUS ORDER ON COURT OPERATIONS AND LEGAL PRACTICE

May 13, 2020 |

Alimony Award with Significant Earner

May 12, 2020 |

IPPOLITO V. IPPOLITO Submitted by New Jersey Family Law Firm, Hark and Hark. Docket No. A-1071-16T4 Decided May 8, 2020 In a recent unpublished decision, Ippolito v. Ippolito, the Appellate Division reviewed an open duration alimony award of $960,000 annually, imputing income to Husband at $2,500,000 per year, among other issues in the divorce. In…

Gormley v Gormley | NJLJ Daily Decision Alert: May 6, 2020

May 8, 2020 |

GORMLEY V. GORMLEY Docket No. A-1428-18T4 Approved for Publication May 5, 2020 Decided December 26, 2019 Submitted by New Jersey Child Custody Law Firm, Hark and Hark. In a recent decision approved for publication, Gormley v. Gormley, the Appellate Division overturned a decision by the trial court that imputed income to an individual declared disabled…

S.M. v. J.M. | NJLJ Daily Decision Alert: May 5, 2020

May 7, 2020 |

S.M. v. J.M. Docket No. A-2190-18T1 Decided May 6, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division considered a Final Restraining Order (FRO) was entered properly against plaintiff and whether plaintiff’s Temporary Restraining Order (TRO) was properly dismissed against defendant. In S.M., the…

Texting Alone Creates A Dating Relationship in Domestic Violence

May 6, 2020 |

C.C. v. J.A.H Docket No. A-4425-18T3 Decided May 4, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division considered whether in-person contact that only occurred at the gym, 1300 text messages, and no dates, holding hands, or sexual contact between the parties constituted a…

State v. Gayle | Post-Conviction Relief Motion

May 5, 2020 |

State v. Gayle Appellate Docket No.: A-1332-18T2 Decided May 1, 2020 And Appellate Docket No. A-0575-14T4 Decided Mar 17, 2017 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a pair of unpublished opinion, the Appellate Division of New Jersey heard argument on the issues of admissibility of a device police used that can track…

Sentencing Guidance During the COVID-19 Pandemic

May 2, 2020 |