Domestic Violence
Denial of A Temporary Restraining Order (TRO); No Predicate Act or Credibility, and Reliance on Irrelevant Facts
L.E.A. v. M.A. Docket No. A-4174-18T3 Decided December 16, 2020 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed a trial court’s denial of a Temporary Restraining Order (TRO), as the Court failed to make appropriate findings as to a predicate act, failed to make credibility…
Read MoreSOCIAL MEDIA POSTS IN DOMESTIC VIOLENCE RESTRAINING ORDER DECISIONS
Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Credibility is the single most important factor in a Judge’s decision to grant a Final Restraining Order (FRO). With these matters, there is often little or no evidence detailing that events other than your testimony. If social media contradicts your testimony or demeanor, or shows you…
Read MoreBACHELOR WINNER CASSANDRA RANDOLPH FILES TEMPORARY RESTRAINING ORDER AGAINST THE BACHELOR COLTON UNDERWOOD
Cassandra Rudolph v. Colton Underwood Filed September 11, 2020 Los Angeles Superior Court THIS BLOG DETAILS FACTS SURROUNDING A CASE IN LOS ANGELES, CALIFORNIA. PLEASE BE ADVISED THIS FIRM PRACTICES IN NEW JERSEY AND PENNSYLVANIA ONLY. IF YOU ARE SEEKING LEGAL ADVICE OUTSIDE OF NEW JERSEY OR PENNSYLVANIA, PLEASE CONTACT AN ATTORNEY IN YOUR STATE.…
Read MoreTemporary Restraining Order (TRO) and Final Restraining Order (FRO) when Threatened with Forceable Rape
B.E.D. v. D.S.W. Docket No. A-3436-18T2 Decided July 20, 2020 Submitted by New Jersey Restraining Order Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division overturned a Final Restraining Order (FRO) entered by the Trial Court despite allegations of a forced rape with a gun, and several gruesome details a prior…
Read MoreRemote Trial Without the Consent Of Either Party During the COVID-19 Pandemic
State v. D.E.: Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. The State appealed an order denying reconsideration of a verbal decision to schedule a trial date for defendant’s remotely conducted domestic violence contempt trial in the Family Part, and the defendant joined in the State’s application as well. Defendant was charged with two…
Read MoreRestraining Order Opinion and Counsel Fees
R.T. v. Z.S. Docket No. A-3738-18T3 Decided June 23, 2020 Submitted by the New Jersey Domestic Violence Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge’s decision to award counsel fees to a defendant after a plaintiff failed to obtain a Final Restraining Order (FRO). In R.T.,…
Read MoreTRO Leading to Search Warrant And Weapons Charges Vacated For Destruction Of Evidence.
State v. J.L. Appellate Docket No.: A-2859-18T4 Decided June 5, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark In an unpublished opinion, the Appellate Division of New Jersey reversed a judgment of conviction where a telephonic Temporary Restraining Order (TRO) hearing led to a search warrant for firearms under the Prevention…
Read MoreFinal Restraining Orders Even Easier to Obtain In Modern New Jersey
June 2, 2020 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 S.C. v. J.D. Docket No. FV-13-1110-19 Decided March 21, 2019 Approved for publication May 7, 2020 Submitted by New Jersey…
Read MoreFINAL RESTRAINING ORDERS EASIER TO OBTAIN IN MODERN NEW JERSEY
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…
Read MoreFinal Restraining Order Dismissed Though the Plaintiff was Physically Assaulted
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…
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