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

May 23, 2022

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,…

Motion to Modify Alimony, Finding the Movant Had Made a Prima Facie Showing of Cohabitation

May 18, 2022

Meixner v. Meixner Docket No. A-0551-20 Decided May 12, 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 In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s denial of a motion to modify alimony, finding the movant had made a prima facie showing of cohabitation and there was nothing more…

Reversed: Entry of a Final Restraining Order (FRO); Court Failed to Inform the Consequences of an FRO And Right to an Attorney

April 26, 2022

A.A.R. v. J.R.C. Docket No. A-2804-20 Decided April 25, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey reversed any entry of a Final Restraining Order (FRO) because the trial court failed to instruct the defendant as to the consequences of an FRO and his…

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

March 30, 2022

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 In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s entry of a Final Restraining Order (FRO) against defendant after running over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…

DISSOLVING A FINAL RESTRAINING ORDER IN NEW JERSEY

March 12, 2022

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 In a recent unpublished decision, the Appellate Division of New Jersey affirmed the denial of a motion to dissolve a Final Restraining Order (FRO) after defendant failed to complete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…

PALIMONY AGREEMENTS NO LONGER REQUIRE PRIVATE ATTORNEY INVOLVEMENT FOR ENFORCEMENT

March 10, 2022

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…

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

March 9, 2022

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…

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

March 4, 2022

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…

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

March 2, 2022

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.,…

Final Restraining Order (FRO) Against the Defendant Vacated Because There Were No Facts in The Record to Support Plaintiff’s Need for an FRO

February 19, 2022

E.A.M. v. M.S.M. Docket No. A-1527-20 Decided February 15, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey reversed and vacated a Final Restraining Order (FRO) against the defendant because there were no facts in the record to support plaintiff’s need for an FRO. In…