Posts Tagged ‘TRO’
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…
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 In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court entry of a Final Restraining Order (FRO) but remanded for the addition of plaintiff’s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 MoreThe 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…
Read MoreCourt Must Make Specific Findings for Domestic Violence Matters for A Final Restraining Order (FRO).
S.G. v. A.G. Docket No. A-0156-20 Decided June 8, 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 In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court denial of a Final Restraining Order (FRO) after the trial judge found plaintiff had not proved harassment after defendant entered her home…
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 In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court entry of a Final Restraining Order (FRO) after the trial judge found plaintiff credible of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 MoreCase 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…
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…
Read MoreViolations of Temporary Restraining Orders (TRO) and Final Restraining Orders (FRO) Are Criminal Acts and Heard by A Family Judge
State v. D.O.P. Appellate Docket No.: A-1881-18 Decided April 28, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published opinion, the Appellate Division of New Jersey reviewed a trial court’s dismissal of a Final Restraining Order (FRO) contempt charge when defendant was seen outside of the victim’s home and ran when he…
Read MoreFinal Restraining Orders: A Trial Court Must Make Specific Findings for Domestic Violence Matters
S.T.T. v. M.T.M. Docket No. A-0730-19 Decided April 19, 2021 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court entry of a Final Restraining Order (FRO) after the trial judge did not believe defendant when he left a prior court hearing…
Read MoreThe Legality and Appropriateness of Entering A FRO, And of Awarding Counsel Fees and Punitive Damages
Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. After the conclusion of a six month trial, defendant appealed the entry of a June 20, 2019 final restraining order (FRO) pursuant to the Prevention of Domestic Violence Act (Act), N.J.S.A. 2C:25-17 to -35. Defendant also appealed the judge’s November 18, 2019 reconsideration decision awarding plaintiff G.D.…
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