Domestic Violence
New Jersey Final Restraining Order Affirmed Over Differing Testimony Regarding Assault
D.E.H. v. B.W.M. Docket No. A-2056-22 Decided August 20, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a Final Restraining Order (FRO) after the parties had differing testimony over an alleged assault. In D.E.H. v. B.W.M., Plaintiff and defendant met online and…
Read MoreNew Jersey Final Restraining Order Defendants Can Invoke 5th Amendment Right Not to Testify Without Negative Inference Against Them
T.B. v. I.W. Docket No. A-3899-22 Decided August 5, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey overturned the entry of a Final Restraining Order (FRO) after defendant invoked his 5th amendment rights and the Trial Court drew a negative inference against defendant.…
Read MoreNew Jersey Final Restraining Order Affirmed Solely on the Basis of Harassment
L.R.A.R. v. C.D. Docket No. A-0229-23 Decided June 14, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed the entry of a Final Restraining Order (FRO) after plaintiff demonstrated several acts of harassment perpetuated by the defendant. In L.R.A.R. v. C.D., the parties…
Read MoreDissolving A Final Restraining Order In New Jersey Requires A Trial If Genuine Issues of Material Fact Exist
T.S. v. G.K. Docket No. A-2095-22 Decided June 14, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey reversed the denial of a motion to dissolve a Final Restraining Order (FRO) after defendant demonstrated a genuine issue of material fact requiring a plenary hearing…
Read MoreNew Jersey Appellate Division Reverses Denial of Final Restraining Order After Trial Court Disallows Business Records
S.G.G. v. J.D.M. Docket No. A-3273-22 Decided June 11, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed the denial of a Final Restraining Order (FRO) after the Trial Court disallowed business records certified by affidavit, requiring the custodian of the records to…
Read MoreIn the Matter of the Application of the State of New Jersey for the Forfeiture of Weapons
Docket No. A-3418-21 & A-3419-21 Decided June 5, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided petitioners’ appeals from separate orders entered on June 2, 2022, granting the State’s motions for the forfeiture of petitioner’s firearms, firearms purchaser identification cards (FPICs) and…
Read MoreNew Jersey Final Restraining Order Reversed on Appeal As Record Did Not Contain Adequate Facts For Assault
F.K. v. C.B. Docket No. A-2337-22 Decided June 4, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed and vacated a final restraining order (FRO) against defendant after a review of the record failed to support a finding of assault or a need…
Read MoreANOTHER REVIEW OF NEW JERSEY’S “RED FLAG LAW” (FERPO / TERPO)
In the Matter of M.A.Z. Appellate Docket No.: A-0075-23 Decided June 3, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a granting of a Final Extreme Risk Protective Order (FERPO) in light of respondent requesting to the police to shoot him. In…
Read MoreNew Jersey Cross Temporary Restraining Order Made Final with One Incident Of “Escalating” Harassment
S.G., II v. K.G. Docket No. A-3398-22 Decided May 28, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed the entry of a Final Restraining Order (FRO) after Defendant made disparaging comments towards Plaintiff, his girlfriend, and pushed his mother. In S.G., II …
Read MoreNEW JERSEY’S SEXUAL ASSAULT SURVIVOR PROTECTION ACT PROVIDES PROTECTIVE ORDER FOR THOSE NOT ELIGIBLE FOR RESTRAINING ORDER UNDER PREVENTION OF DOMESTIC VIOLENCE ACT
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.…
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