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 In a recent unpublished decision, the Appellate Division of New Jersey affirmed the denial of a motion to dissolve a Final Restraining Order (FRO) after defendant failed to prove a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 In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a trial court order affirming the denial of his application for admission into a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of J.M. Docket No. A-1026-20 Decided January 26, 2023 Submitted by New Jersey Civil Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided appellant’s appeal from a Temporary Extreme Risk Protective Order (“TERPO”) and Final Extreme Risk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…

An Officer Standing in The Driveway Without a Warrant Cannot Utilize the Warrantless Search of Plain View If the Officer is Not Lawfully in the Area at the Time

February 14, 2023 |

State v. Raymond Ingram Appellate Docket No.: A-1500-20 Decided February 13, 2023 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent published opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after finding that officers were not lawfully in the defendant’s driveway and could not view the…

Warrantless Search and Seizure of Weapons Was Impermissible, Unsupported by Probable Cause, and Without Exigent Circumstances

February 10, 2023 |

In the Matter of J.M. Docket No. A-1026-20 Decided January 26, 2023 Submitted by New Jersey Criminal 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…

To obtain grandparent visitation, over the objection of a fit parent “must prove by a preponderance of the evidence that denial of visitation will harm the child.”

February 9, 2023 |

G.T. v. D.D. Docket No. A-3382-20 Decided February 7, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey remanded an order denying grandparent visitation. In G.T. v. D.D., plaintiff G.T. (Grandmother) is the mother of defendant D.D. (Mother), who gave birth to the Grandchild in…