Posts Tagged ‘temporary restraining order’
Terroristic Threats and Aggravated Assault Charges Reversed After the Court Found It Was a Plain Error to Admit Evidence Regarding the Temporary Restraining Order (TRO) That Related to This Incident.
State v. Chinaza Okeke Appellate Docket No.: A-1887-19 Decided March 18, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a trial conviction for terroristic threats and aggravated assault after the Court found it was a plain error to admit evidence regarding…
Read MoreTo Convert a Temporary Restraining Order into a Final Restraining Order, One Must Prove a Predicate Act of Domestic Violence
A.L. v. M.C.L. Docket No. A-1733-20 Decided March 7, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey upheld the imposition of a Final Restraining Order (FRO) against defendant for an alleged assault during the break down of a marriage. In A.L., the parties were…
Read MoreFinal Restraining Order (FRO) Against the Defendant Vacated Because There Were No Facts in The Record to Support Plaintiff’s Need for an FRO
E.A.M. v. M.S.M. Docket No. A-1527-20 Decided February 15, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey reversed and vacated a Final Restraining Order (FRO) against the defendant because there were no facts in the record to support plaintiff’s need for an FRO. In…
Read MoreIN THE MATTER OF FIREARMS, REVOCATION OF FIREARMS ID CARD, AND FORFEITURE OF RIGHT TO OWN FIREARMS BY GREEN BROOK TOWNSHIP AGAINST T.F.
Appellate Docket No.: A-1334-20 Decided February 4, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey affirmed the forfeiture of T.F.’s firearms even though the Temporary Restraining Order (TRO) causing T.F.’s firearms to be seized was dismissed. In the Matter of T.F., In June 2006,…
Read MoreTo Convert a Temporary Restraining Order into a Final Restraining Order, They Must Prove a Predicate Act of Domestic Violence
I.M.R. v. A.R.S. Docket No. A-0216-19 Decided October 13, 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 In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court’s entry of a Final Restraining Order (FRO) due to the Court’s improper findings of criminal mischief, failure to make legal assessments as to…
Read MoreBeing Found Guilty of More Than One Contempt Charge Will Result in A Mandatory Minimum 30-Day Jail Sentence
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,…
Read MoreA Final Restraining Order Requires the Trial Judge to Make Certain Findings Pursuant to A Two-Prong Test
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…
Read MoreThe judge must rely on sufficient facts from the record to support legal conclusions as to grant or deny an FRO
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…
Read MoreFinal Restraining Order (FRO) Granted After Plaintiff Perpetuating Physical Acts Against Plaintiff
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…
Read MoreJudges Undertaking Remote Domestic Violence Trials Are Faced with Challenges in Conducting These Adequately
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…
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