Restraining Order Opinion and Counsel Fees

June 26, 2020

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 In a recent unpublished decision the Appellate Division reviewed a trial judge’s decision to award counsel fees to a defendant after a plaintiff failed to obtain a Final Restraining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.,…

Custody Agreements, Child Support, Alimony and The Changed Circumstances Standard

June 17, 2020

L.P. v. J.H. Docket No. A-1967-18T4 Decided June 16, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge decision to force defendant to pay part of her child’s college expenses, reduce the child support she was receiving, and make her pay…

Final Restraining Orders Even Easier to Obtain In Modern New Jersey

June 3, 2020

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…

FINAL RESTRAINING ORDERS EASIER TO OBTAIN IN MODERN NEW JERSEY

May 19, 2020

Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark. 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 Recent decisions by the Appellate Division have shown a trend towards favoring plaintiffs/victims when…

Final Restraining Order Dismissed Though the Plaintiff was Physically Assaulted

May 13, 2020

P.E.O. v. R.J. Docket No. A-5354-18T1 Decided May 11, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division considered whether Final Restraining Order (FRO) was properly dismissed although the plaintiff was physically assaulted, the parties lacked a history of domestic violence. In P.E.O., the…

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

May 7, 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 In a recent unpublished decision, the Appellate Division considered a Final Restraining Order (FRO) was entered properly against plaintiff and whether plaintiff’s Temporary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…

Texting Alone Creates A Dating Relationship in Domestic Violence

May 6, 2020

C.C. v. J.A.H Docket No. A-4425-18T3 Decided May 4, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division considered whether in-person contact that only occurred at the gym, 1300 text messages, and no dates, holding hands, or sexual contact between the parties constituted a…

Temporary restraining orders and final restraining orders

April 14, 2020

J.F. v. L.F. Appellate Docket No.: A-4735-18T3; and J.M. v. D.W. Appellate Docket No. A-4626-18T3. Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a pair of unpublished opinions, the Appellate Division of New Jersey heard argument on the issue of the imposition of a final restraining order. In J.F. v. L.F., both parties…

TRO SOUGHT by threatening to release explicit photographs and videos of plaintiff to her family and friends

December 13, 2019

L.B.I., v. W.F.A.-Y., Decided December 12, 2019 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3211-17T4 Defendant W.F.A.-Y. appeals from the Family Part’s January 31, 2018 order granting his former girlfriend, plaintiff, L.B.I. a Final Restraining Order (FRO) under the Prevention of Domestic Violence Act of 1991…

Harassment, Recording Devices and Domestic Violence

December 13, 2019

I.R.S. v. R.G.F., NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. This opinion shall not “constitute precedent or be binding upon any court.” Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other…