SOCIAL MEDIA POSTS IN DOMESTIC VIOLENCE RESTRAINING ORDER DECISIONS

Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Credibility is the single most important factor in a Judge’s decision to grant a Final Restraining Order (FRO).  With these matters, there is often little or no evidence detailing that events other than your testimony.  If social media contradicts your testimony or demeanor, or shows you…

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S.M. v. J.M. | NJLJ Daily Decision Alert: May 5, 2020

S.M. v. J.M. Docket No. A-2190-18T1 Decided May 6, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division considered a Final Restraining Order (FRO) was entered properly against plaintiff and whether plaintiff’s Temporary Restraining Order (TRO) was properly dismissed against defendant. In S.M., the…

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Family Court and NET Opinions

Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. J.M. v. T.F., N.J. Super. App. Div. Facts: Defendant appealed from a final restraining order entered in favor of plaintiff pursuant to the Prevention of Domestic Violence Act of 1991. Plaintiff went to defendant’s home to pick up their daughter and was presented with a cup of…

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If the judge said the plaintiff did not satisfy the New Jersey domestic violence act evidentiary burdens, then how can she impose the restraining order against me anyway?

MC vs. GT Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. If the court makes a ruling that the evidence has failed to prove a violation of the act, and the parties are not credible, the court then cannot impose the restraints authorized by law regardless of the evidence. In this New Jersey Appellate…

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Family Court Finds Emotional Abuse Equally Harmful as Physical Abuse

Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Words can hurt. It is a reality understood by most people but an empty statement if the courts are not willing to protect New Jersey’s citizens from verbal abuse. In J.C. v. B.S. the Chancery Division of Ocean County did just that back on September 14,…

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Cell Phone Texts as Proof of Evidence in Domestic Violence Hearings

Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In early October 2015 the Superior Court New Jersey Family Part Law Division Ocean County addressed the introduction of texts existing on cell phones as proof of evidence in a domestic violence hearing. In the modern context of harassment many courts have had to wrestle with…

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