Is Searching Files on Someone’s Computer Considered a Warrantless Search?

March 10, 2022 |

State v. Lapczynski Appellate Docket No.: A-1671-19 Decided March 9, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of a motion to suppress after child pornography was found by a cohabitant, reported to the police, and after police viewing some…

PALIMONY AGREEMENTS NO LONGER REQUIRE PRIVATE ATTORNEY INVOLVEMENT FOR ENFORCEMENT

March 10, 2022 |

Kathleen Moynihan v. Edward Lynch Docket No. A-64-20 Decided March 8, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent decision the Supreme Court of New Jersey struck down a provision requiring private attorney review/involvement in palimony agreements as unconstitutional. Palimony agreements are usually between non-married couples for financial support in exchange for…

To Convert a Temporary Restraining Order into a Final Restraining Order, One Must Prove a Predicate Act of Domestic Violence

March 9, 2022 |

A.L. v. M.C.L. Docket No. A-1733-20 Decided March 7, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey upheld the imposition of a Final Restraining Order (FRO) against defendant for an alleged assault during the break down of a marriage. In A.L., the parties were…

Affirmed: Several Post Judgment Orders From 38 Post Judgment Motions Filed by Plaintiff, Often Requesting the Same Relief

March 4, 2022 |

S.M. v. J.T. Docket No. A-5359-18 A-4428-19 Decided March 3, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division affirmed several post judgment orders resulting from 38 post judgment motions filed by plaintiff, often requesting the same relief. In S.M., The parties, who divorced in 2014, have an…

ANOTHER REVIEW OF NEW JERSEY’S “RED FLAG LAW”

March 3, 2022 |

In the Matter of B.T.L. Appellate Docket No.: A-4327-19 Decided March 2, 2022 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a granting of a Final Extreme Risk Protective Order (FERPO) in light of respondent being involved in a prior domestic violence incident…

Upheld: Warrantless Swab of Defendant’s Hands Two Hours After Finding His Stepfather in a Pool of Blood

March 2, 2022 |

State v. Torres Appellate Docket No.: A-1005-18 Decided March 1, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey upheld a warrantless swab of defendant’s hands two hours after finding his step father in a pool of blood. In State v. Torres, On…

In Order to Convert a Temporary Restraining Order into a Final Restraining Order, One Must Prove a Predicate Act of Domestic Violence

March 2, 2022 |

H.S. v. R.S. Docket No. A-0368-20 Decided February 28, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey upheld the imposition of a Final Restraining Order (FRO) against defendant for an alleged assault, but reversed and remanded for plaintiff’s request for counsel fees. In H.S.,…

There May Be Ways to Escape the Mandatory Minimums by Seeking a Graves Act Waiver, But Only Certain Individuals Are Eligible

February 28, 2022 |

State v. Lamborn Appellate Docket No.: A-740-19 Decided February 25, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed the probationary sentence imposed on defendant Kevin M. Lamborn on the State’s motion for a Graves Act, N.J.S.A. 2C:43-6(c), waiver, following defendant’s guilty…

Liability When a Non-Parent Signs a Release Waiver on a Child’s Behalf and There Is an Injury

February 21, 2022 |

Olivia Checchio v. Sky Zone Docket No.: A-3461-20 Decided February 15, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed the legitimacy of an arbitration clause after a non parent signed on a child’s behalf. In Checchio v. Sky Zone, in August 2018, fourteen-year-old Olivia Checchio…

Final Restraining Order (FRO) Against the Defendant Vacated Because There Were No Facts in The Record to Support Plaintiff’s Need for an FRO

February 19, 2022 |

E.A.M. v. M.S.M. Docket No. A-1527-20 Decided February 15, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey reversed and vacated a Final Restraining Order (FRO) against the defendant because there were no facts in the record to support plaintiff’s need for an FRO. In…