Converting a Temporary Restraining Order into a Final Restraining Order, Requires Proof of a Predicate Act of Domestic Violence

C.R.D. v. C.S. Docket No. A-0826-20 Decided December 7, 2021 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey remanded a trial court’s entry of a Final Restraining Order (FRO) due to the Court’s lack of legal analysis as to whether the restraining order was necessary…

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To 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 In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court’s entry of a Final Restraining Order (FRO) due to the Court’s improper findings of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…

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Trial Court’s Denial of a Final Restraining Order (FRO) Decision REVERSED For Failing to Recuse Himself for Appearing to Be Biased

M.G.S. v. K.F. Docket No. A-0480-20 Decided August 25, 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 In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court’s denial of a Final Restraining Order (FRO) for failing to recuse himself for appearing to be biased. In M.G.S., the parties’ longtime relationship…

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A 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…

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The Serious Implications of a Temporary Restraining Order, and the Steps to Take to Prevent a Final Restraining Order

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET A-2257-19 S.S., Plaintiff-Respondent, B.G., Defendant-Appellant. _______________________ Argued May 24, 2021 – Decided June 22, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. On November 19,2019, plaintiff obtained a temporary restraining order against the defendant. On December 12,2019, the hearing for the final restraining order took place. Prior…

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Case Brief: L.D. v. M.J.M., 2021 WL 2012249

Unpublished Opinion; Shall not constitute precedent or be binding upon any court Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Parties: Plaintiff: L.D. Defendant: M.J.M. Proc. Hist.:         Trial Court denied plaintiff’s request for a final restraining order and vacated temporary restraining order against defendant.  Plaintiff argues on appeal that (1) trial judge erred in failing…

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