SOCIAL MEDIA POSTS IN DOMESTIC VIOLENCE RESTRAINING ORDER DECISIONS

Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Credibility is the single most important factor in a Judge’s decision to grant a Final Restraining Order (FRO).  With these matters, there is often little or no evidence detailing that events other than your testimony.  If social media contradicts your testimony or demeanor, or shows you…

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

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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?

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…

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Family Court and NET Opinions

Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. J.M. v. T.F., N.J. Super. App. Div. Facts: Defendant appealed from a final restraining order entered in favor of plaintiff pursuant to the Prevention of Domestic Violence Act of 1991. Plaintiff went to defendant’s home to pick up their daughter and was presented with a cup of…

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If the judge said the plaintiff did not satisfy the New Jersey domestic violence act evidentiary burdens, then how can she impose the restraining order against me anyway?

MC vs. GT Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. If the court makes a ruling that the evidence has failed to prove a violation of the act, and the parties are not credible, the court then cannot impose the restraints authorized by law regardless of the evidence. In this New Jersey Appellate…

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