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 In a recent unpublished decision, the Appellate Division of New Jersey reversed and vacated a Final Restraining Order (FRO) against the defendant because there were no facts in the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…

Final Restraining Order (FRO) Implemented After Evidence Was Presented Plaintiff Found Several Trackers on His Car and His Parents’ Cars

February 10, 2022

V.P. v. K.C.B. Docket No. A-2515-19 Decided February 9, 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 In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s entry of a Final Restraining Order (FRO) after evidence was presented plaintiff found several trackers on his car and his parents’ cars, as…

IN THE MATTER OF FIREARMS, REVOCATION OF FIREARMS ID CARD, AND FORFEITURE OF RIGHT TO OWN FIREARMS BY GREEN BROOK TOWNSHIP AGAINST T.F.

February 9, 2022

Appellate Docket No.: A-1334-20 Decided February 4, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey affirmed the forfeiture of T.F.’s firearms even though the Temporary Restraining Order (TRO) causing T.F.’s firearms to be seized was dismissed. In the Matter of T.F., In June 2006,…

Requests To Remove Children Out of State to Reside with A Parent Are Reviewed by The Best Interests of The Child

January 20, 2022

T.Z.S. v. A.G.W. Docket No. A-0898-20 Decided January 19, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court’s denial of a custody removal application for defendant living in North Carolina and ordered a plenary hearing because of disputed material facts that…

Converting a Temporary Restraining Order into a Final Restraining Order, Requires Proof of a Predicate Act of Domestic Violence

December 10, 2021

C.R.D. v. C.S. Docket No. A-0826-20 Decided December 7, 2021 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey remanded a trial court’s entry of a Final Restraining Order (FRO) due to the Court’s lack of legal analysis as to whether the restraining order was necessary…

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

October 15, 2021

I.M.R. v. A.R.S. Docket No. A-0216-19 Decided October 13, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court’s entry of a Final Restraining Order (FRO) due to the Court’s improper findings of criminal mischief, failure to make legal assessments as to…

Property Settlement Agreement (PSA) and Parties’ Obligations Towards Their Sons’ College Costs

October 1, 2021

Zegarski v. Zegarski Docket No. A-4146-19 Decided:  October 1, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision in the Appellate Division of New Jersey affirmed the trial court’s orders in regard to a matrimonial matter and the parties’ obligations towards their sons’ college costs and concomitant award for counsel fees.…

Being Found Guilty of More Than One Contempt Charge Will Result in A Mandatory Minimum 30-Day Jail Sentence

July 15, 2021

State v. H.S.G. Appellate Docket No.: A-5188-18 Decided July 14, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether defendant knowingly violated a Temporary Restraining Order (TRO) when he claimed he thought it had expired. In State v. H.S.G., on March 23, 2019,…

JUDGES IN FAMILY COURT CAN DESIGNATE COUNSEL FEE AWARD AS NON-DISCHARGEABLE IN BANKRUPTCY

July 8, 2021

Bisbing v. Bisbing Docket No. A-0138-20 Decided July 7, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division affirmed an attorney fee award in a post-judgment divorce action as non-dischargeable in bankruptcy proceedings. In Bisbing, the parties divorced in April 2014. One year later, plaintiff sought to relocate…

A Child Living Away at Boarding School May Warrant a Modification of Child Support

July 7, 2021

Baeszler v. Baeszler Docket No. A-4669-18 Decided July 6, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed in part a trial court’s denial to modify an arbitration award finding a child living away in boarding school is changed circumstances sufficient to modify child support. In Baeszler,…