Trial Court’s Denial of a Final Restraining Order (FRO) Decision REVERSED For Failing to Recuse Himself for Appearing to Be Biased

August 27, 2021

M.G.S. v. K.F. Docket No. A-0480-20 Decided August 25, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court’s denial of a Final Restraining Order (FRO) for failing to recuse himself for appearing to be biased. In M.G.S., the parties’ longtime relationship…

Being Found Guilty of More Than One Contempt Charge Will Result in A Mandatory Minimum 30-Day Jail Sentence

July 15, 2021

State v. H.S.G. Appellate Docket No.: A-5188-18 Decided July 14, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether defendant knowingly violated a Temporary Restraining Order (TRO) when he claimed he thought it had expired. In State v. H.S.G., on March 23, 2019,…

A Final Restraining Order Requires the Trial Judge to Make Certain Findings Pursuant to A Two-Prong Test

July 2, 2021

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3506-18 A.M., Plaintiff-Respondent, v. M.K., Defendant-Appellant. ________________________ Submitted February 24, 2021 – Decided June 28, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. Plaintiff obtained a temporary restraining order against defendant, on February 14, 2019. She alleges that he was harassing her frequently by contacting her…

The judge must rely on sufficient facts from the record to support legal conclusions as to grant or deny an FRO

June 29, 2021

A.M. v. M.K. Docket No. A-3506-18 Decided June 28, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court entry of a Final Restraining Order (FRO) but remanded for the addition of plaintiff’s boyfriend to the FRO. In A.M., Plaintiff and defendant…

Court Must Make Specific Findings for Domestic Violence Matters for A Final Restraining Order (FRO).

June 10, 2021

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 In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court denial of a Final Restraining Order (FRO) after the trial judge found plaintiff had not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…

Final Restraining Order (FRO) Granted After Plaintiff Perpetuating Physical Acts Against Plaintiff

June 8, 2021

J.C. v. T.T. Docket No. A-2955-19 Decided June 7, 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 entry of a Final Restraining Order (FRO) after the trial judge found plaintiff credible of defendant perpetuating physical acts against plaintiff. In…

Final Restraining Order After Judge Found Plaintiff Credible of Defendant Perpetuating Physical Acts Against Plaintiff

June 4, 2021

E.K.M. v. T.G. Docket No. A-1397-19 Decided June 3, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court entry of a Final Restraining Order (FRO) after the trial judge found plaintiff credible of defendant perpetuating physical acts against plaintiff. In E.K.M.,…

Judges Undertaking Remote Domestic Violence Trials Are Faced with Challenges in Conducting These Adequately

May 13, 2021

D.M.R. v. M.K.G. Docket No. A-4085-19 Decided May 11, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey reversed a trial court entry of a Final Restraining Order (FRO) after the trial judge conducted a video conference hearing, did not allow defendant adequate time between…

Violations of Temporary Restraining Orders (TRO) and Final Restraining Orders (FRO) Are Criminal Acts and Heard by A Family Judge

April 30, 2021

State v. D.O.P. Appellate Docket No.: A-1881-18 Decided April 28, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published opinion, the Appellate Division of New Jersey reviewed a trial court’s dismissal of a Final Restraining Order (FRO) contempt charge when defendant was seen outside of the victim’s home and ran when he…

Does Conduct Involving Parenting Time Disputes Constitute Harassment Under the Domestic Violence Statute?

March 17, 2021

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…