Domestic Violence…. What can I do for you to appeal your Final Restraining Order? This is the standard of review used on appeal.

November 11, 2019

J.R.B. v. K.M.B., November 7, 2019 Unpublished opinion Trial Court Appeal Camden County Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. There are several take aways from this decision. 1) when the trial judge makes finding of fact and credibility, those determinations are based upon the trial judge observing the witness testify and hearing the…

New Jersey Prevention from Domestic Violence Act Appeal September 19, 2019

September 20, 2019

A.M.V ., v. F.T.,   SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION   September 19, 2019. Appellate Court affirms finding of domestic violence without trial court analyzing 2nd prong of Silver v. Silver because of ‘inherent’ violence of a shove alone without concern for the ‘risk of future harm’! Submitted by New Jersey Domestic Violence Lawyer,…

Domestic violence – cyber harassment. Risk of future conduct

August 1, 2019

Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. C.B. v. R.A.-X.     Superior Court Of New Jersey Appellate Division July 30, 2019 (Not For Publication) The Family Part judge denied plaintiffs application for a final restraining order against his ex-wife.  The judge determined the defendant had committed several acts of harassment but did not…

State v. Hemenway Guns Drugs, Domestic Violence search for weapons and criminal charges…. New Standard Announced

July 28, 2019

Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In this opinion the New Jersey Supreme Court has ordered Family Court judges issuing domestic violence restraining orders and domestic violence search warrants for weapons prohibited under New Jersey’s Prevention from Domestic Violence Act, establish on the court record probable cause based “upon a well grounded…

Domestic Violence Between Child and Parent

June 21, 2019

L.B v. R.B. Superior Court Of New Jersey Appellate Division June 10, 2019 (Not approved for Publication) Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. R.B. (defendant) appeals an August 7, 2018 final restraining order (FRO) entered against him following the Prevention of Domestic Violence Act. Defendant (Son) lived in the plaintiff’s (parent’s) (L.B.)…

Domestic Violence History and Applying for a Concealed Weapons Permit

June 13, 2019

IN THE MATTER OF APPLICATION FOR PERMIT TO CARRY A HADNGUN OF MAURICO ALFARO New Jersey Appellate Division June 4, 2019 (Not Approved for Publication) Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Mauricio Alfaro appeals the second Law Division Order denying his application for a concealed weapon permit. The trial judged denied his…

Domestic Violence: Silver v. Silver & imminent threat of bodily injury.

May 24, 2019

KM v. MD   New Jersey Appellate Division May 23, 2019 (Not Approved for Publication) Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. And so the holiday season starts today with Memorial Day weekend with a new domestic violence appellate court decision and a  blog. Silver v. Silver & imminent threat of bodily injury.…

Domestic Violence and the 2 Prong test of predicate acts and imminent fear of harm

April 17, 2019

Defined in Silver v. Silver, 387 N.J. Super. 112, 125-26 (App. Div. 2006)  D.C. v. M.M. , N.J. Super. App. Div. Decided April 16, 2019 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Defendant appealed a FRO. The parties dated in 1982 and plaintiff alleged defendant assaulted her in 1983 after the relationship ended. Around…

I sent some text and Facebook communications to my girlfriend which included cursewords. Can this be considered harassing communications for the purpose of New Jersey is domestic violence act?

April 16, 2019

FAMILY LAW | EVIDENCE | CRIMINAL LAW A.M. v. M.P., N.J. Super. App. Div. April 15, 2000 Submitted by Domestic Violence Lawyer, Jeffrey Hark. Defendant appealed from an amended final restraining order under the Prevention of Domestic Violence Act, in favor of plaintiff after the  trial judge concluded that defendant’s conduct, which consisted of sending plaintiff a…

Predicate Acts of Domestic Violence and Appellate Review of Trial Court’s Determination and questioning of witness.

April 8, 2019

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION 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 cases is limited. R. 1:36-3. RCC v. PF SUPERIOR COURT OF NEW…