New Jersey Appellate Division Reverses Denial of Final Restraining Order After Trial Court Disallows Business Records

June 13, 2024

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 In a recent unpublished decision the Appellate Division of New Jersey reversed the denial of a Final Restraining Order (FRO) after the Trial Court disallowed business records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…

In the Matter of the Application of the State of New Jersey for the Forfeiture of Weapons

June 6, 2024

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 In a recent unpublished opinion, the Appellate Court of New Jersey decided petitioners’ appeals from separate orders entered on June 2, 2022, granting the State’s motions for the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…

New Jersey Final Restraining Order Reversed on Appeal As Record Did Not Contain Adequate Facts For Assault

June 5, 2024

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 In a recent unpublished decision the Appellate Division of New Jersey reversed and vacated a final restraining order (FRO) against defendant after a review of the record failed to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…

ANOTHER REVIEW OF NEW JERSEY’S “RED FLAG LAW” (FERPO / TERPO)

June 4, 2024

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 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a granting of a Final Extreme Risk Protective Order (FERPO) in light of respondent requesting to the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…

New Jersey Cross Temporary Restraining Order Made Final with One Incident Of “Escalating” Harassment

May 29, 2024

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 In a recent unpublished decision the Appellate Division of New Jersey affirmed the entry of a Final Restraining Order (FRO) after Defendant made disparaging comments towards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 …

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.…

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…

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

February 28, 2024

PTI Program Admission Reversed: Appellate Court Decision

January 15, 2024

State of New Jersey v. Gregory Phelps Docket No. A-0867-22 Decided January 2, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from an order directing defendant’s admission into the PTI program. In June 2021, defendant got into a drunken…