Family Law
A Final Restraining Order Requires the Trial Judge to Make Certain Findings Pursuant to A Two-Prong Test
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3506-18 A.M., Plaintiff-Respondent, v. M.K., Defendant-Appellant. ________________________ Submitted February 24, 2021 – Decided June 28, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. Plaintiff obtained a temporary restraining order against defendant, on February 14, 2019. She alleges that he was harassing her frequently by contacting her…
Read MoreThe judge must rely on sufficient facts from the record to support legal conclusions as to grant or deny an FRO
A.M. v. M.K. Docket No. A-3506-18 Decided June 28, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court entry of a Final Restraining Order (FRO) but remanded for the addition of plaintiff’s boyfriend to the FRO. In A.M., Plaintiff and defendant…
Read MoreThe Serious Implications of a Temporary Restraining Order, and the Steps to Take to Prevent a Final Restraining Order
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET A-2257-19 S.S., Plaintiff-Respondent, B.G., Defendant-Appellant. _______________________ Argued May 24, 2021 – Decided June 22, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. On November 19,2019, plaintiff obtained a temporary restraining order against the defendant. On December 12,2019, the hearing for the final restraining order took place. Prior…
Read MoreFinal Restraining Order After Judge Found Plaintiff Credible of Defendant Perpetuating Physical Acts Against Plaintiff
E.K.M. v. T.G. Docket No. A-1397-19 Decided June 3, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court entry of a Final Restraining Order (FRO) after the trial judge found plaintiff credible of defendant perpetuating physical acts against plaintiff. In E.K.M.,…
Read MoreModification Of Custody in A Post-Divorce Judgment Matter in Which the Parties Were Both Attorneys
Abdelkader v. Hosny Docket No. A-1816-19 Decided June 2, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s modification of custody in a post divorce judgment matter in which the parties were both attorneys. In Abdelkader, a post judgment divorce matter, the Court reviewed…
Read MoreJudges Undertaking Remote Domestic Violence Trials Are Faced with Challenges in Conducting These Adequately
D.M.R. v. M.K.G. Docket No. A-4085-19 Decided May 11, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey reversed a trial court entry of a Final Restraining Order (FRO) after the trial judge conducted a video conference hearing, did not allow defendant adequate time between…
Read MoreParenting Time in NJ Is A Constitutional Right; Each Party Has Equal Rights to Have Relationships with Their Children
P.T. v. A.T. Docket No. A-1211-19 Decided May 5, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division overturned a trial court’s denial of defendant’s parenting time for four years, solely on the basis of an allegation that defendant viewed pornography in the presence of the child. In…
Read MoreUnderstand the Discretion Trial Courts Have for Final Determinations and Adjournment Requests
Thomas v. Thomas Docket No. A-1700-19 Decided May 3, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s decision to allow plaintiff’s attorney to be relieved at the day of trial in addition to alimony award of $39,160 per year and dividing of real…
Read MoreViolations of Temporary Restraining Orders (TRO) and Final Restraining Orders (FRO) Are Criminal Acts and Heard by A Family Judge
State v. D.O.P. Appellate Docket No.: A-1881-18 Decided April 28, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published opinion, the Appellate Division of New Jersey reviewed a trial court’s dismissal of a Final Restraining Order (FRO) contempt charge when defendant was seen outside of the victim’s home and ran when he…
Read MoreTrial Courts Have Discretion for Final Determinations and Adjournment Requests
Furdyna v. MacFarland Docket No. A-3658-18 Decided April 21, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s decision to deny defendant’s request to a adjourn a trial, resulting in a Dual Final Judgment of Divorce (FJOD) requiring plaintiff to pay defendant $250 per…
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