Order Denying Defendant’s Request to Terminate His Alimony Obligation

Steuber v. Desmelyk Docket No. A-600-19T2 Decided December 28, 2020 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order denying defendant’s request to terminate his alimony obligation initiated by a Matrimonial Settlement Agreement (MSA) entered into just eight months prior. In Steuber, after 7…

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Denial of A Temporary Restraining Order (TRO); No Predicate Act or Credibility, and Reliance on Irrelevant Facts

L.E.A. v. M.A. Docket No. A-4174-18T3 Decided December 16, 2020 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed a trial court’s denial of a Temporary Restraining Order (TRO), as the Court failed to make appropriate findings as to a predicate act, failed to make credibility…

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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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Remote Trial Without the Consent Of Either Party During the COVID-19 Pandemic

State v. D.E.: Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. The State appealed an order denying reconsideration of a verbal decision to schedule a trial date for defendant’s remotely conducted domestic violence contempt trial in the Family Part, and the defendant joined in the State’s application as well. Defendant was charged with two…

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Restraining Order Opinion and Counsel Fees

R.T. v. Z.S. Docket No. A-3738-18T3 Decided June 23, 2020 Submitted by the New Jersey Domestic Violence Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge’s decision to award counsel fees to a defendant after a plaintiff failed to obtain a Final Restraining Order (FRO). In R.T.,…

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Final Restraining Orders Even Easier to Obtain In Modern New Jersey

June 2, 2020 C.C. v. J.A.H. Docket No. A-4425-18T3 Decided May 4, 2020 P.E.O. v. R.J. Docket No. A-5354-18T1 Decided May 11, 2020   N.D. v. E.L.H. Docket No. A-3849-18T2 Decided May 11, 2020   S.C. v. J.D. Docket No. FV-13-1110-19 Decided March 21, 2019 Approved for publication May 7, 2020 Submitted by New Jersey…

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