Posts Tagged ‘New Jersey Domestic Violence Lawyer’
Domestic violence – cyber harassment. Risk of future conduct
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 C.B. v. R.A.-X. Superior Court Of New Jersey Appellate Division July 30, 2019 (Not For Publication) The Family Part judge denied plaintiffs application for a final restraining order against his ex-wife.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…
Read MoreState v. Hemenway Guns Drugs, Domestic Violence search for weapons and criminal charges…. New Standard Announced
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…
Read MoreState of New Jersey v. Tige Clark, Superior Court of New Jersey Appellate Division July 3, 2019 (Not Approved for Publication)
State of New Jersey v. Tige Clark Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. I Facts: Detective Joseph Indano of the South Plainfield Police Department responded to a domestic violence call on July 17, 2016 with Officer Robles. Victim, A.P, told Robles she was involved in an argument with her boyfriend and informed…
Read MoreDomestic Violence Between Child and Parent
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.)…
Read MoreDomestic Violence History and Applying for a Concealed Weapons Permit
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…
Read MoreDomestic Violence: Silver v. Silver & imminent threat of bodily injury.
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.…
Read MoreDomestic Violence and the 2 Prong test of predicate acts and imminent fear of harm
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…
Read MoreI 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?
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…
Read MorePredicate Acts of Domestic Violence and Appellate Review of Trial Court’s Determination and questioning of witness.
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…
Read MoreAppellate Division States, “When the predicate act is an offense that inherently involves the use of physical force and violence, the decision to issue an FRO ‘is most often perfunctory and self- evident!”
ISSUE: What constitutes “proving” Domestic Violence and what must the trial court do when the plaintiff ‘proves’ that domestic violence charge in family court? Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Ruling: When a predicate act of Domestic violence has been proven the issuance of a Final Restraining order will be perfunctory and…
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