Restraining Order Opinion and Counsel Fees

June 26, 2020

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 In a recent unpublished decision the Appellate Division reviewed a trial judge’s decision to award counsel fees to a defendant after a plaintiff failed to obtain a Final Restraining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.,…

TRO Leading to Search Warrant And Weapons Charges Vacated For Destruction Of Evidence.

June 10, 2020

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Docket No.: A-2859-18T4 Decided June 5, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark In an unpublished opinion, the Appellate Division of New Jersey reversed a judgment of conviction where a telephonic Temporary Restraining Order (TRO) hearing led to a search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…

Final Restraining Orders Even Easier to Obtain In Modern New Jersey

June 3, 2020

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…

FINAL RESTRAINING ORDERS EASIER TO OBTAIN IN MODERN NEW JERSEY

May 19, 2020

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…

Final Restraining Order Dismissed Though the Plaintiff was Physically Assaulted

May 13, 2020

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 In a recent unpublished decision, the Appellate Division considered whether Final Restraining Order (FRO) was properly dismissed although the plaintiff was physically assaulted, the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…

Final Restraining Order with Lack of Domestic Violence History Between the Parties.

May 13, 2020

N.D. v. E.L.H. Docket No. A-3849-18T2 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 In a recent unpublished decision, the Appellate Division considered whether Final Restraining Order (FRO) was entered properly against defendant without having a history of domestic violence between the parties. In N.D., the plaintiff and…

S.M. v. J.M. | NJLJ Daily Decision Alert: May 5, 2020

May 7, 2020

S.M. v. J.M. Docket No. A-2190-18T1 Decided May 6, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division considered a Final Restraining Order (FRO) was entered properly against plaintiff and whether plaintiff’s Temporary Restraining Order (TRO) was properly dismissed against defendant. In S.M., the…

Texting Alone Creates A Dating Relationship in Domestic Violence

May 6, 2020

C.C. v. J.A.H Docket No. A-4425-18T3 Decided May 4, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division considered whether in-person contact that only occurred at the gym, 1300 text messages, and no dates, holding hands, or sexual contact between the parties constituted a…

Temporary restraining orders and final restraining orders

April 14, 2020

J.F. v. L.F. Appellate Docket No.: A-4735-18T3; and J.M. v. D.W. Appellate Docket No. A-4626-18T3. Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a pair of unpublished opinions, the Appellate Division of New Jersey heard argument on the issue of the imposition of a final restraining order. In J.F. v. L.F., both parties…

N.M.Q. v. M.A.T.

February 12, 2020

Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In any determination of whether a Final Restraining Order (“FRO”) should be granted, the court must follow a two-step analysis from Silver v. Silver under the Prevention of Domestic Violence Act (“PDVA”). Under the two-step Silver analysis, the court must determine: (1) that the alleged victim…

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