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…
State v. J.L. Appellate Docket No.: A-2859-18T4 Decided June 5, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark In an unpublished opinion, the Appellate Division of New Jersey reversed a judgment of conviction where a telephonic Temporary Restraining Order (TRO) hearing led to a search warrant for firearms under the Prevention…
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,…
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…
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…
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…
Do you believe this is domestic violence? Can you win with these charges in court to get a temporary restraining order? What does it mean in a trial that the plaintiff must bear his/her burden of proof by a preponderance of the evidence? V.M. v. A.M. Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark.…
What you need to know if you’re charged with domestic violence and a restraining order in New Jersey
14-2-5643 L.M.W. v. A.P. , N.J. Super. App. Div. January 12, 2018 Have you been charged with domestic violence? Have you been criminally charged with harassment under NJSA 2C:33-4(c)? Did the court enter a final restraining order based on texts you sent your wife or girlfriend? Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In this…
Did the judge ordered a restraining order even though there were no act of domestic violence? MC vs. GT Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. If you answer “yes” to any of these questions call my office so we can represent you on appeal. If you are worried about the judge finalizing…
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…
Legal Developments
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New Jersey Survivors Justice Act: Sentencing Reform for Abuse Victims
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In January 2026, New Jersey Governor Phil Murphy signed into law a pair of bills known as the Survivors Justice Act (S-4870/A-5968 and S-4871/A-5969). This landmark legislation, championed by Senator Angela V. McKnight, Senator M. Teresa Ruiz, and other lawmakers, amends the state’s criminal code to allow courts…