Posts Tagged ‘TRO’
Dissolving A Final Restraining Order In New Jersey Requires A Trial If Genuine Issues of Material Fact Exist
T.S. v. G.K. Docket No. A-2095-22 Decided June 14, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey reversed the denial of a motion to dissolve a Final Restraining Order (FRO) after defendant demonstrated a genuine issue of material fact requiring a plenary hearing…
Read MoreNew Jersey Appellate Division Reverses Denial of Final Restraining Order After Trial Court Disallows Business Records
S.G.G. v. J.D.M. Docket No. A-3273-22 Decided June 11, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed the denial of a Final Restraining Order (FRO) after the Trial Court disallowed business records certified by affidavit, requiring the custodian of the records to…
Read MoreNEW JERSEY’S SEXUAL ASSAULT SURVIVOR PROTECTION ACT PROVIDES PROTECTIVE ORDER FOR THOSE NOT ELIGIBLE FOR RESTRAINING ORDER UNDER PREVENTION OF DOMESTIC VIOLENCE ACT
C.R. v. M.T. Docket No. A-47-22 Decided April 22, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent decision, the Supreme Court of New Jersey affirmed the entry of a Final Protective Order (FPO) under the Sexual Assault Survivor Protection Act of 2015 (SASPA) and analyzed the appropriate legal standard. In C.R.…
Read MoreDISSOLVING A FINAL RESTRAINING ORDER IN NEW JERSEY
L.V. v. R.V. Docket No. A-3446-21 Decided April 11, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed the denial of a motion to dissolve a Final Restraining Order (FRO) after defendant failed to prove a substantial change in circumstances. In L.V. v.…
Read MoreNEW JERSEY CROSS TEMPORARY RESTRAINING ORDERS DISMISSED DESPITE COURT NOT ADDRESSING PRIOR HISTORIES OF DOMESTIC VIOLENCE
J.T. v. A.S.A. Docket No. A-1860-22 A.S.A. v. J.T. Docket No. A-2152-22 Decided March 28, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed the dismissal of cross restraining orders without considering any evidence of a past history of domestic violence from either…
Read MorePTI Program Admission Reversed: Appellate Court Decision
State of New Jersey v. Gregory Phelps Docket No. A-0867-22 Decided January 2, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from an order directing defendant’s admission into the PTI program. In June 2021, defendant got into a drunken…
Read MoreCourt Upholds Attorney’s Fees in DV Case Appeal – NJ Appellate Decision
U.G. v. T.S. Docket No. A-1803-21 Decided December 21, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a Family Part order awarding plaintiff attorney’s fees under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. In 2010, the…
Read MoreA.I. v. D.I. Legal Saga: FRO Dissolution Denied, Appellate Court Upholds Decision – Dec 11, 2023
A.I. v. D.I. Docket No. A-0658-22 Decided December 11, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from the trial court’s denial of his second motion to dissolve a Final Restraining Order (FRO). After a four-year relationship with the defendant, in…
Read MorePDVA Appeal Outcome: S.Y.R. v. R.R. – Docket A-3388-21 (Sept. 15, 2023)
S.Y.R. v. R.R. Docket No. A-3388-21 Decided September 15, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a final restraining order (FRO) entered against him pursuant to the Prevention of Domestic Violence Act (PDVA), in favor of…
Read MoreFree Speech Prevails: S.B.B. v. L.B.B. – Landmark Decision, Sept. 6, 2023
S.B.B. v. L.B.B. Docket No. A-0305-21 Decided September 6, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey reversed a trial court’s order entering a final restraining order (FRO) against defendant for her pressuring her husband, plaintiff, to get a Jewish divorce, or “get” on…
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