NEW JERSEY FINAL RESTRAINING ORDER REVERSED FOR FAILING TO ADVISE RIGHT TO ATTORNEY

December 2, 2024

K.C. v. J.C. Docket No. A-1358-23 Decided November 25, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent appeal filed by the attorneys at Hark & Hark, the Appellate Division of New Jersey in an unpublished opinion reversed the entry of a Final Restraining Order (FRO) after the trial court failed to…

Dissolving A Final Restraining Order In New Jersey Requires Defendant to Produce a Transcript Of The FRO Trial

October 23, 2024

J.M.S-M. v. W.V.M. Docket No. A-1294-23 Decided October 22, 2024 Submitted by New Jersey Domestic Violence 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 In a recent unpublished decision, the Appellate Division of New Jersey affirmed the denial of a motion to dissolve a Final Restraining Order (FRO) after defendant failed to produce a transcript of the FRO trial. In J.M.S-M.…

New Jersey Final Restraining Order Affirmed Solely on the Basis of Harassment

June 26, 2024

L.R.A.R. v. C.D. Docket No. A-0229-23 Decided June 14, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed the entry of a Final Restraining Order (FRO) after plaintiff demonstrated several acts of harassment perpetuated by the defendant. In L.R.A.R. v. C.D., the parties…

C.P. vs J.S. – Hark & Hark Appellate Division Case

February 28, 2024

New Jersey Domestic Violence Charges Must Be Dismissed When a Victim Invokes Their 5th Amendment Rights with No Other Witnesses

November 10, 2023

State v. D.A.B. Appellate Docket No.: A-1848-22 Decided September 19, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a dismissal of criminal charges related to a domestic violence matter after the prosecutor failed to disclose conversations with the victim in which the…

NEW JERSEY COURTS FORBID LAY TESTIMONY OF PHONE GPS TECHNOLOGY WITHOUT A REQUISITE KNOWLEDGE OR EXPERIENCE WITH USING GPS

August 2, 2023

H.A. v. S.M.A. DOCKET NO. A-1631-21 Decided July 31, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed an entry of a Final Restraining Order after denying defendant’s testimony regarding her GPS location on the day in question. In H.A. v. S.M.A., Plaintiff…

NEW JERSEY COURT ENTERS FINAL RESTRAINING ORDER FOR REMOVING RING CAMERA AND NOT REPLACING IT IMMEDIATELY

April 10, 2023

P.A. v. S.A. DOCKET NO. A-2675-21 Decided April 6, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed an entry of a Final Restraining Order solely for defendant removing a ring camera in a house where he resided and not replacing it immediately.…

Physical Acts of Domestic Violence Are Not Needed to Prove “Domestic Violence” In New Jersey

March 28, 2023

C.H. v. R.J.O. Docket No. A-1058-21 Decided March 27, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed the entry of a Final Restraining Order (FRO) and attorney fee award against defendant after refusing to leave the plaintiff alone. In C.H. v. R.J.O.,…

Appeal From a Final Restraining Order (“FRO”) Entered Against Pursuant to the Prevention of Domestic Violence Act (“PDVA”)

February 15, 2023

E.B. v. A.B. Docket No. A-3241-20 Decided February 6, 2023 Submitted by New Jersey Domestic Violence 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 pursuant to the Prevention of Domestic Violence Act (“PDVA”). The parties married in October 2014…

Judge Determined She Needed a Final Restraining Order (“FRO”) to Protect Her from Future Harm Due to The Parties Prior Domestic Violence History

November 2, 2022

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…