Final Restraining Order Dismissed; Civil Restraints Under the Parties’ Previous Consent Order Continued

October 24, 2022 |

K.S. v. S.H. Docket No. A-0650-21 Decided October 20, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided plaintiff’s appeal of an order denying her application for a final restraining order (“FRO”), dismissing her domestic violence complaint, and dissolving her temporary restraining order (“TRO”)…

Final Restraining Order (FRO) Appealed, Arguing Due Process Was Violated by Proceeding Over Zoom Instead of In-Person

October 19, 2022 |

R.M.M. v. E.S.M. DOCKET NO. A-0441-21 Decided October 18, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed a Final Restraining Order (FRO) against Defendant despite his objections of proceeding of the virtual platform Zoom. In R.M.M. v. E.S.M., plaintiff received a Temporary Restraining…

Appeal of Judgment of Conviction and Order Denying Motion to Be Readmitted into the Pretrial Intervention Program (“PTI”)

October 19, 2022 |

State of New Jersey v. Jazmine Holloway Docket No. A-0107-20 Decided October 14, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of her judgment of conviction and the order denying her motion to be readmitted into the Pretrial Intervention Program (“PTI”).…

Standard of Review Administrative Law Decision

October 18, 2022 |

Our scope of review of an administrative agency’s final determination is limited. In re Herrmann, 192 N.J. 19, 27 (2007). A “strong presumption of reasonableness attaches” to the agency’s decision. In re Carroll, 339 N.J. Super. 429, 437 (App. Div. 2001) (quoting In re Vey, 272 N.J. Super. 199, 205 (App. Div. 1993), aff’d, 135…

In the Matter of the Suspension or Revocation of the License of Jitan

October 18, 2022 |

Docket No. A-3517-20 Decided October 13, 2022 Submitted by Medical License Defense Attorney, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of the final agency decision of the Board of Medical Examiners suspending his medical license for eight years after he plead guilty to a crime of moral…

Reinstatement Into Pretrial Intervention (PTI) After Defendant Was Alleged to Have Failed to Abide by the Original Terms of PTI

October 17, 2022 |

State v. Jazmine Holloway Appellate Docket No.: A-0107-20 Decided October 14, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a denial of reinstatement into pretrial intervention (PTI) after defendant was alleged to have failed to abide by the original terms of PTI. In…

Did the Trial Judge Err in Holding Plaintiff in Contempt Based on His “Abhorrent and Disruptive Behavior” During the Trial?

October 12, 2022 |

B.R. v. R.R.  Docket No. A-1673-20 Decided October 11, 2022 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided plaintiff’s appeal of a final judgment of divorce (“FJD”), in which he argued that the trial judge erred in holding him in contempt based on his…

Motion To Suppress Involving a Search of Defendant’s Person Resulting in the Recovery of Heroin Folds

October 12, 2022 |

State v. Lamont Taylor Appellate Docket No.: A-0583-19 Decided October 11, 2022 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed two motions to suppress involving a search of defendant’s person resulting in the recovery of heroin folds. In State v. Taylor, On June…

FRO Granted for the Plaintiff, As There Were Multiple Predicate Acts of Domestic Violence

October 10, 2022 |

K.M. v. V.W. Docket No. A-0105-21 Decided October 6, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of a final restraining order (“FRO”) entered against her and in favor of the plaintiff based on the predicate acts of harassment, assault, and…

To Issue A FRO, Court Must First Find a Predicate Act of Domestic Violence Has Occurred, and a Restraining Order That Provides Protection in The Future

October 10, 2022 |

E.D.L.R. v. R.R.V.-R. Docket No. A-0074-21 Decided October 6, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of a final restraining order (“FRO”) entered against him and in favor of the plaintiff based on the predicate act of harassment. The parties…