Posts Tagged ‘Domestic Violence’
Appeal From a Final Restraining Order (“FRO”) Entered Against Pursuant to the Prevention of Domestic Violence Act (“PDVA”)
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 In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a final restraining order (“FRO”) entered against pursuant to the Prevention of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…
Read MoreJudge Determined She Needed a Final Restraining Order (“FRO”) to Protect Her from Future Harm Due to The Parties Prior Domestic Violence History
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 In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of a final restraining order (“FRO”) entered against him and in favor of the plaintiff,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…
Read MoreTo Convert a Temporary Restraining Order into a Final Restraining Order, One Must Prove a Predicate Act of Domestic Violence
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 In a recent unpublished decision, the Appellate Division of New Jersey upheld the imposition of a Final Restraining Order (FRO) against defendant for an alleged assault during the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…
Read MoreThe Focus of Title 9 Is Not The “Culpability of Parental Conduct” But Rather “The Protection of Children.”
NJ DCPP v. C.F. and M.L. Docket No. A-1550-19 Decided November 1, 2021 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed a finding of abuse and neglect after defendant left the child in a seat and fled the apartment after the other party went after him…
Read MoreDismissal Of an Indictment Reversed Even Though the Defendant Had Been Deported
State v. C.A.T-P Appellate Docket No.: A-1543-20 Decided August 30, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a dismissal of an indictment even though the defendant had been deported and the witness to alleged domestic violence no longer wished to…
Read MoreCourt Must Make Specific Findings for Domestic Violence Matters for A Final Restraining Order (FRO).
S.G. v. A.G. Docket No. A-0156-20 Decided June 8, 2021 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court denial of a Final Restraining Order (FRO) after the trial judge found plaintiff had not proved harassment after defendant entered her home…
Read MoreCase Brief: M.C.S. v. J.C.K., 2021 WL 2010654
Unpublished Opinion; Shall not constitute precedent or be binding upon any court Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Parties: Plaintiff: M.C.S. Defendant: J.C.K. Proc. Hist.: Trial Court granted plaintiff’s request for a FRO under the Prevention of Domestic Violence Act, based on the predicate acts of harassment, and simply assault by physical menace. …
Read MoreCase Brief: L.D. v. M.J.M., 2021 WL 2012249
Unpublished Opinion; Shall not constitute precedent or be binding upon any court Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Parties: Plaintiff: L.D. Defendant: M.J.M. Proc. Hist.: Trial Court denied plaintiff’s request for a final restraining order and vacated temporary restraining order against defendant. Plaintiff argues on appeal that (1) trial judge erred in failing…
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…
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