New Jersey Domestic Violence Charges Must Be Dismissed When a Victim Invokes Their 5th Amendment Rights with No Other Witnesses

November 10, 2023

State v. D.A.B. Appellate Docket No.: A-1848-22 Decided September 19, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a dismissal of criminal charges related to a domestic violence matter after the prosecutor failed to disclose conversations with the victim in which the…

PDVA Appeal Outcome: S.Y.R. v. R.R. – Docket A-3388-21 (Sept. 15, 2023)

September 22, 2023

S.Y.R. v. R.R.            Docket No. A-3388-21                     Decided September 15, 2023  Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a final restraining order (FRO) entered against him pursuant to the Prevention of Domestic Violence Act (PDVA), in favor of…

Appellate Court Decision in M.B. v. C.C. – PDVA Violations and FRO Appeal

September 14, 2023

M.B. v. C.C. Docket No. A-3319-21 Decided September 7, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided plaintiff’s appeal from the trial court’s denial of a final restraining order (FRO), claiming the trial court erred in determining plaintiff failed to prove the…

FINAL RESTRAINING ORDER FOUND TO BE NECESSARY AFTER POLICE OFFICER PLACES GPS TRACKING DEVICE ON GIRLFRIEND’S VEHICLE

August 16, 2023

K.E.Z. v. J.H. DOCKET NO. A-3172-21 Decided August 8, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed an entry of a Final Restraining Order after Defendant admitted to placing a GPS tracking device on plaintiff’s vehicle with no other acts or history…

FRO Decision: K.E.Z. v. J.H. Upheld by Appellate Court (A-3172-21, Aug 8, 2023)

August 11, 2023

K.E.Z. v. J.H.            Docket No. A-3172-21 Decided August 8, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a final restraining order (FRO) entered against him pursuant to the Prevention of Domestic Violence Act (PDVA), in favor of plaintiff,…

NEW JERSEY COURTS FORBID LAY TESTIMONY OF PHONE GPS TECHNOLOGY WITHOUT A REQUISITE KNOWLEDGE OR EXPERIENCE WITH USING GPS

August 2, 2023

H.A. v. S.M.A. DOCKET NO. A-1631-21 Decided July 31, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed an entry of a Final Restraining Order after denying defendant’s testimony regarding her GPS location on the day in question. In H.A. v. S.M.A., Plaintiff…

Appellate Court Upholds FRO in Domestic Violence Case: Hark & Hark Represents Clients in Appeals

April 21, 2023

A.I.S. v. N.A.R. Docket No. A-1972-21 Decided April 17, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an amended final restraining order (“FRO”) entered against him under the Prevention of Domestic Violence Act (“PDVA”). The parties were in a…

RESTRAINING ORDER DOES NOT NEED TO BE SERVED FOR YOU TO BE VIOLATED OF ITS PROVISIONS IN NEW JERSEY

April 12, 2023

State v. Ahmed M. Ragab DOCKET NO. A-0728-21 Decided April 11, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed a finding of contempt of a Temporary Restraining Order (TRO) after defendant was telephonically served by police, but not physically served. In State…

NEW JERSEY COURT ENTERS FINAL RESTRAINING ORDER FOR REMOVING RING CAMERA AND NOT REPLACING IT IMMEDIATELY

April 10, 2023

P.A. v. S.A. DOCKET NO. A-2675-21 Decided April 6, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed an entry of a Final Restraining Order solely for defendant removing a ring camera in a house where he resided and not replacing it immediately.…

Plaintiffs Have to Prove a Predicate Act of Domestic Violence and That the Restraining Order Is Necessary for Their Protection from Future Acts of Domestic Violence

April 6, 2023

J.D. v. A.M.W. DOCKET NO. A-1269-21 Decided April 6, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division of New Jersey reversed the denial of a Final Restraining Order after plaintiff proved a predicate act of domestic violence and a history of domestic violence with defendant choosing…