Posts Tagged ‘Domestic Violence’
Court 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 In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court denial of a Final Restraining Order (FRO) after the trial judge found plaintiff had not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Unpublished Opinion; Shall not constitute precedent or be binding upon any court Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark.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Unpublished Opinion; Shall not constitute precedent or be binding upon any court Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark.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 In a recent unpublished decision the Appellate Division overturned a trial court’s denial of defendant’s parenting time for four years, solely on the basis of an allegation that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 In a recent unpublished decision the Appellate Division reviewed a trial court’s decision to allow plaintiff’s attorney to be relieved at the day of trial in addition to alimony award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…
Read MoreFinal Restraining Orders: A Trial Court Must Make Specific Findings for Domestic Violence Matters
S.T.T. v. M.T.M. Docket No. A-0730-19 Decided April 19, 2021 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court entry of a Final Restraining Order (FRO) after the trial judge did not believe defendant when he left a prior court hearing…
Read MoreDenial to Vacate A Custody and Child Support Order Entered Nearly 8 Years Ago
K.A.B. v. M.P. Docket No. A-4153-18 Decided April 7, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s denial of plaintiff’s motion to vacate a custody and child support order entered nearly 8 years ago. In K.A.B., plaintiff and defendant have one child, K.P.,…
Read MoreThe Legality and Appropriateness of Entering A FRO, And of Awarding Counsel Fees and Punitive Damages
Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. After the conclusion of a six month trial, defendant appealed the entry of a June 20, 2019 final restraining order (FRO) pursuant to the Prevention of Domestic Violence Act (Act), N.J.S.A. 2C:25-17 to -35. Defendant also appealed the judge’s November 18, 2019 reconsideration decision awarding plaintiff G.D.…
Read MoreDoes Conduct Involving Parenting Time Disputes Constitute Harassment Under the Domestic Violence Statute?
C.C. v. I.C. Docket No. A-0771-19 Decided March 16, 2021 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reviewed whether defendant’s conduct towards plaintiff involving parenting time disputes constituted harassment under the domestic violence statute, warranting a Final Restraining Order (FRO). In C.C., The…
Read MoreCounsel Fees (And Counsel Fee Awards) Are Always an Issue When Lawyers Are Involved in a Divorce
Wilk v. Wilk Docket No. A-5013-18T1 Decided January 28, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed a trial court’s decision to award plaintiff $40,000 in counsel fees payable by defendant at the conclusion of their divorce. In Wilk, The parties were married for eighteen…
Read More