Family Law
To obtain grandparent visitation, over the objection of a fit parent “must prove by a preponderance of the evidence that denial of visitation will harm the child.”
G.T. v. D.D. Docket No. A-3382-20 Decided February 7, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey remanded an order denying grandparent visitation. In G.T. v. D.D., plaintiff G.T. (Grandmother) is the mother of defendant D.D. (Mother), who gave birth to the Grandchild in…
Read MoreAppeal From a Final Restraining Order (“FRO”) Entered Against Defendant Based on the Predicate Act of Terroristic Threats
M.W. v. M.B.W. Docket No. A-1105-21 Decided January 11, 2023 Submitted by New Jersey Family 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 In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a final restraining order (“FRO”) entered against him based on the predicate act of terroristic threats. The parties resided with one another for…
Read MoreIf There Is Ever a Suggestion That the Judge’s Decision Was Not Impartial and Unbiased Grounds for Appeal May Exist
K.D.M. v. J.A.M. DOCKET NO. A-2436-20 Decided December 28, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey reversed the entry of a Final Restraining Order (FRO) after introducing a post-decision conversation between the deciding Judge and his staff in which the Judge described the…
Read MoreSupreme Court of New Jersey: State in the Interest of E.S.
State in the Interest of E.S. Docket No. A-41/42-21 Decided November 22, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published opinion, the Supreme Court of New Jersey determined whether the trial court abused its discretion in choosing to hear the State’s waiver motion before E.S.’s suppression motion and whether the Family…
Read MoreMotion To Modify and Enforce Child Support Orders and Obtain Relief from Judgment of Divorces
John Young v. Catarina Santos-Young Docket #: A-0103-21 Decided: November 22, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying her motion for relief from the parties’ July 2015 final judgment of divorce (JOD) and to reopen and…
Read MoreApplication For a Final Restraining Order (“FRO”) Based Upon the Predicate Act of Assault
N.Z. v. F.Q. Docket No. A-0791-21 Decided November 1, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided plaintiff’s appeal of the denial of her application for a final restraining order (“FRO”) based upon the predicate act of assault against defendant, her husband, and…
Read MoreJudge Determined She Needed a Final Restraining Order (“FRO”) to Protect Her from Future Harm Due to The Parties Prior Domestic Violence History
C.M.C. v. M.J.C. Docket No. A-0070-21 Decided October 26, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of a final restraining order (“FRO”) entered against him and in favor of the plaintiff, his daughter, based on the predicate act of simple…
Read MoreFRO Was Necessary to Protect Plaintiff Was Based on the History of Domestic Violence
C.L.D. v. L.R.L. Docket No. A-0595-21 Decided October 24, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of a final restraining order (“FRO”) entered against her and in favor of the plaintiff and a subsequent order denying her motion for reconsideration.…
Read MoreFRO Trial Did Not Violate Defendant’s Due Process Rights and She Failed to Show Any Prejudice
E.L.C. v. D.M.F. Docket No. A-3033-20 Decided October 21, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of a final restraining order (“FRO”) entered against her and in favor of the plaintiff. The parties were married in 2015 and were in…
Read MoreFinal Restraining Order (“FRO”) Upheld Based on the Predicate Act of Harassment
G.S. v. K.S. Docket No. A-3390-20 Decided October 20, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of a final restraining order (“FRO”) entered against him and in favor of the plaintiff based on the predicate act of harassment. Plaintiff filed…
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