Domestic Violence
Plaintiff’s Appeal of An Order Dismissing Her Complaint Against Defendant Pursuant to The Prevention of Domestic Violence Act
J.C. v. D.C. Docket No. A-3708-20 Decided October 5, 2022 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided plaintiff’s appeal of an order dismissing her complaint against defendant pursuant to the Prevention of Domestic Violence Act. Following an almost nine year marriage that…
Read MoreDefendant’s Appeal of The Trial Court’s Order Entering a Final Restraining Order (“FRO”) Against Him
V.R.J. v. K.R.J. Docket No. A-2377-20 Decided September 27, 2022 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided Defendant’s appeal of the trial court’s order entering a Final Restraining Order (“FRO”) against him. The facts of the case are as follows: the plaintiff…
Read MoreANOTHER REVIEW OF NEW JERSEY’S “RED FLAG LAW”
In the Matter of B.T.L. Appellate Docket No.: A-4327-19 Decided March 2, 2022 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 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a granting of a Final Extreme Risk Protective Order (FERPO) in light of respondent being involved in a prior domestic violence incident…
Read MoreThe Focus of Title 9 Is Not The “Culpability of Parental Conduct” But Rather “The Protection of Children.”
NJ DCPP v. C.F. and M.L. Docket No. A-1550-19 Decided November 1, 2021 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed a finding of abuse and neglect after defendant left the child in a seat and fled the apartment after the other party went after him…
Read MoreFinal Restraining Order (FRO) Granted After Plaintiff Perpetuating Physical Acts Against Plaintiff
J.C. v. T.T. Docket No. A-2955-19 Decided June 7, 2021 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court entry of a Final Restraining Order (FRO) after the trial judge found plaintiff credible of defendant perpetuating physical acts against plaintiff. In…
Read MoreCase Brief: M.C.S. v. J.C.K., 2021 WL 2010654
Unpublished Opinion; Shall not constitute precedent or be binding upon any court Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Parties: Plaintiff: M.C.S. Defendant: J.C.K. Proc. Hist.: Trial Court granted plaintiff’s request for a FRO under the Prevention of Domestic Violence Act, based on the predicate acts of harassment, and simply assault by physical menace. …
Read MoreCase Brief: L.D. v. M.J.M., 2021 WL 2012249
Unpublished Opinion; Shall not constitute precedent or be binding upon any court Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Parties: Plaintiff: L.D. Defendant: M.J.M. Proc. Hist.: Trial Court denied plaintiff’s request for a final restraining order and vacated temporary restraining order against defendant. Plaintiff argues on appeal that (1) trial judge erred in failing…
Read MoreFinal Restraining Orders: A Trial Court Must Make Specific Findings for Domestic Violence Matters
S.T.T. v. M.T.M. Docket No. A-0730-19 Decided April 19, 2021 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court entry of a Final Restraining Order (FRO) after the trial judge did not believe defendant when he left a prior court hearing…
Read MoreThe Legality and Appropriateness of Entering A FRO, And of Awarding Counsel Fees and Punitive Damages
Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. After the conclusion of a six month trial, defendant appealed the entry of a June 20, 2019 final restraining order (FRO) pursuant to the Prevention of Domestic Violence Act (Act), N.J.S.A. 2C:25-17 to -35. Defendant also appealed the judge’s November 18, 2019 reconsideration decision awarding plaintiff G.D.…
Read MoreDoes Conduct Involving Parenting Time Disputes Constitute Harassment Under the Domestic Violence Statute?
C.C. v. I.C. Docket No. A-0771-19 Decided March 16, 2021 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reviewed whether defendant’s conduct towards plaintiff involving parenting time disputes constituted harassment under the domestic violence statute, warranting a Final Restraining Order (FRO). In C.C., The…
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