New Jersey Supreme Court Finds That Defendants in Restraining Order Court Do Not Have Blanket Immunity to Invoke The 5th Amendment Right to Remain Silent

May 29, 2025

M.A. v. J.H.M. Docket No. A-1-24 Decided May 27, 2025 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent decision the Supreme Court of New Jersey reversed a Final Restraining Order (FRO) decision, finding that the 5th amendment does not apply blanket immunity to a defendant in restraining order hearings. In M.A. v. J.H.M.,…

New Jersey Final Restraining Order Affirmed Over Accidental Breaking of Window

January 16, 2025

N.M.D.I. v. H.R.S. Docket No. A-0135-23 Decided January 14, 2025 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion the Appellate Division of New Jersey affirmed the entry of a Final Restraining Order (FRO) despite a window being broken accidentally. In N.M.D.I. v. H.R.S., plaintiff began dating defendant in July 2020.…

New Jersey Final Restraining Order Reversed for Failing to Advise Right to Attorney

December 4, 2024

K.C. v. J.C. Docket No. A-1358-23 Decided November 25, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent appeal filed by the attorneys at Hark & Hark, the Appellate Division of New Jersey in an unpublished opinion reversed the entry of a Final Restraining Order (FRO) after the trial court failed to…

NEW JERSEY FINAL RESTRAINING ORDER REVERSED FOR FAILING TO ADVISE RIGHT TO ATTORNEY

December 2, 2024

K.C. v. J.C. Docket No. A-1358-23 Decided November 25, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent appeal filed by the attorneys at Hark & Hark, the Appellate Division of New Jersey in an unpublished opinion reversed the entry of a Final Restraining Order (FRO) after the trial court failed to…

Dissolving A Final Restraining Order In New Jersey Requires A Trial If Genuine Issues of Material Fact Exist

June 21, 2024

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 In a recent unpublished decision, the Appellate Division of New Jersey reversed the denial of a motion to dissolve a Final Restraining Order (FRO) after defendant demonstrated a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…

New Jersey Appellate Division Reverses Denial of Final Restraining Order After Trial Court Disallows Business Records

June 13, 2024

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…

NEW JERSEY’S SEXUAL ASSAULT SURVIVOR PROTECTION ACT PROVIDES PROTECTIVE ORDER FOR THOSE NOT ELIGIBLE FOR RESTRAINING ORDER UNDER PREVENTION OF DOMESTIC VIOLENCE ACT

April 26, 2024

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.…

DISSOLVING A FINAL RESTRAINING ORDER IN NEW JERSEY

April 13, 2024

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.…

NEW JERSEY CROSS TEMPORARY RESTRAINING ORDERS DISMISSED DESPITE COURT NOT ADDRESSING PRIOR HISTORIES OF DOMESTIC VIOLENCE

April 2, 2024

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…

PTI Program Admission Reversed: Appellate Court Decision

January 15, 2024

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…