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 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether defendant knowingly violated a Temporary Restraining Order (TRO) when he claimed he thought it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 In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court entry of a Final Restraining Order (FRO) but remanded for the addition of plaintiff’s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…

The Serious Implications of a Temporary Restraining Order, and the Steps to Take to Prevent a Final Restraining Order

June 29, 2021

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET A-2257-19 S.S., Plaintiff-Respondent, B.G., Defendant-Appellant. _______________________ Argued May 24, 2021 – Decided June 22, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. On November 19,2019, plaintiff obtained a temporary restraining order against the defendant. On December 12,2019, the hearing for the final restraining order took place. Prior…

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 In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court denial of a Final Restraining Order (FRO) after the trial judge found plaintiff had not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

Case Brief: M.C.S. v. J.C.K., 2021 WL 2010654

May 26, 2021

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. …

Case Brief: L.D. v. M.J.M., 2021 WL 2012249

May 24, 2021

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…

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…