Denied: Request to Vacate a Final Restraining Order After a Hearing

L.A.C. v. S.H. Decided May 23, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. Today the Appellate Division affirmed a Trial Court decision denying a defendant’s request to vacate a Final Restraining Order after a hearing (FRO). The Defendant argued the evidence presented at trial did not support entry of final restraining order. S.H., defendant,…

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Final Restraining Order (FRO) Affirmed Against Defendant After Running Over Plaintiff’s Foot During a Parenting Exchange

O.T. v. M.T., Jr. Docket No. 2257-20 Decided March 28, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s entry of a Final Restraining Order (FRO) against defendant after running over plaintiff’s foot during a parenting exchange. In O.T., The parties…

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DISSOLVING A FINAL RESTRAINING ORDER IN NEW JERSEY

C.A. v. J.E.A. Docket No. A-4512-19 Decided March 10, 2022 Submitted by New Jersey Family 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 In a recent unpublished decision, the Appellate Division of New Jersey affirmed the denial of a motion to dissolve a Final Restraining Order (FRO) after defendant failed to complete his counseling and continued to purchase alcohol despite attending…

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PALIMONY AGREEMENTS NO LONGER REQUIRE PRIVATE ATTORNEY INVOLVEMENT FOR ENFORCEMENT

Kathleen Moynihan v. Edward Lynch Docket No. A-64-20 Decided March 8, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent decision the Supreme Court of New Jersey struck down a provision requiring private attorney review/involvement in palimony agreements as unconstitutional. Palimony agreements are usually between non-married couples for financial support in exchange for…

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To Convert a Temporary Restraining Order into a Final Restraining Order, One Must Prove a Predicate Act of Domestic Violence

A.L. v. M.C.L. Docket No. A-1733-20 Decided March 7, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey upheld the imposition of a Final Restraining Order (FRO) against defendant for an alleged assault during the break down of a marriage. In A.L., the parties were…

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Affirmed: Several Post Judgment Orders From 38 Post Judgment Motions Filed by Plaintiff, Often Requesting the Same Relief

S.M. v. J.T. Docket No. A-5359-18 A-4428-19 Decided March 3, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division affirmed several post judgment orders resulting from 38 post judgment motions filed by plaintiff, often requesting the same relief. In S.M., The parties, who divorced in 2014, have an…

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In Order to Convert a Temporary Restraining Order into a Final Restraining Order, One Must Prove a Predicate Act of Domestic Violence

H.S. v. R.S. Docket No. A-0368-20 Decided February 28, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey upheld the imposition of a Final Restraining Order (FRO) against defendant for an alleged assault, but reversed and remanded for plaintiff’s request for counsel fees. In H.S.,…

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