Physical Acts of Domestic Violence Are Not Needed to Prove “Domestic Violence” In New Jersey

March 28, 2023 |

C.H. v. R.J.O. Docket No. A-1058-21 Decided March 27, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed the entry of a Final Restraining Order (FRO) and attorney fee award against defendant after refusing to leave the plaintiff alone. In C.H. v. R.J.O.,…

Appeal Of Registrant Risk Assessment Scale (“RRAS”), Megan’s Law Tier Classification

March 27, 2023 |

In re Registrant B.D. Docket No. A-2243-21 Decided March 10, 2023 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of his Megan’s Law Tier classification. Defendant pled guilty in 2019 to 2nd degree luring or enticing a child and was sentenced…

Defendant’s Uncontrolled Anger and Threats Also Posed a Risk to Plaintiff and FRO Is Necessary to Prevent Further Abuse

March 24, 2023 |

D.M.L v. K.A.C.  Docket No. A-1805-21 Decided March 2, 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 In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a final restraining order (“FRO”) entered against her pursuant to the Prevention of Domestic Violence Act (“PDVA”). In February 2021, defendant began…

DISSOLVING A FINAL RESTRAINING ORDER IN NEW JERSEY

March 23, 2023 |

J.H. v. G.H. Docket No. A-2377-21 Decided March 20, 2023 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 In a recent unpublished decision, the Appellate Division of New Jersey affirmed the denial of a motion to dissolve a Final Restraining Order (FRO) after defendant failed to prove a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, even though the…

If You Are Convicted of a DUI/DWI You Cannot Bring a Claim For Personal Injury as a Result of an Accident

March 14, 2023 |

George Castano v. Wendell Augustine, et al. Docket No.:    A-3925-21 Decided March 6, 2023 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division affirmed the denial of defendant’s motion for summary judgment of plaintiff’s personal injury complaint stemming from a motor vehicle accident in which plaintiff admitted…

Appealing A Denial into the PTI Program Based on Receiving a Prior Marijuana-Related Conditional Discharge Pre-CREAMMA

March 10, 2023 |

State of New Jersey v. Kevin Waters Docket No. A-1679-21 Decided February 27, 2023 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a trial court order affirming the denial of his application for admission into a pre-trial intervention (PTI) program.…

NEW JERSEY SUPREME COURT DRUG RECOGNITION EXPERT (DRE) UPDATE

February 27, 2023 |

State v. Michael Olenowski Appellate Docket No.: A-56-18 Decided February 17, 2023 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent opinion, the Supreme Court of New Jersey reviewed the special master’s report on Drug Recognition Experts (DRE) used in criminal cases and in doing so, adopted a new standard of admissibility of…

In the Matter of J.M. – appeal from a Temporary Extreme Risk Protective Order (“TERPO”) and Final Extreme Risk Protective Order (“FERPO”)

February 20, 2023 |

In the Matter of J.M. Docket No. A-1026-20 Decided January 26, 2023 Submitted by New Jersey Civil Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided appellant’s appeal from a Temporary Extreme Risk Protective Order (“TERPO”) and Final Extreme Risk Protective Order (“FERPO”) entered against him, as well as the…

The Court Reconsiders the Appropriate Standard to Evaluate the Admissibility of Expert Evidence

February 17, 2023 |

Appeal From a Final Restraining Order (“FRO”) Entered Against Pursuant to the Prevention of Domestic Violence Act (“PDVA”)

February 15, 2023 |

E.B. v. A.B. Docket No. A-3241-20 Decided February 6, 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 pursuant to the Prevention of Domestic Violence Act (“PDVA”). The parties married in October 2014…