After Defendant’s Alleged Assault of Her Elderly Mother “Neglect of An Elderly Person” Charge Overturned

February 15, 2022 |

State v. M.K.P. Appellate Docket No.: A-2555-19 Decided and published February 14, 2022 Submitted by New Jersey Civil Lawyer, Jeffrey Hark In a recently published opinion, the Appellate Division of New Jersey overturned a conviction of neglect of an elderly person pursuant to N.J.S.A. 2C:24-8(a) after defendant’s alleged assault of her elderly mother. In State v.…

Notice to Bar – All Workers’ Compensation Court Facilities to Open

February 15, 2022 |

Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark.

Post-Conviction Relief (PCR) Petition, Claimed Ineffective Counsel on The Issue of Jail Credits

February 15, 2022 |

State v. Huggins Appellate Docket No.: A-4414-19 Decided February 11, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a pro se post conviction relief (PCR) petition, claiming ineffective counsel on the issue of jail credits. In State v. Huggins, On April…

Final Restraining Order (FRO) Implemented After Evidence Was Presented Plaintiff Found Several Trackers on His Car and His Parents’ Cars

February 10, 2022 |

V.P. v. K.C.B. Docket No. A-2515-19 Decided February 9, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s entry of a Final Restraining Order (FRO) after evidence was presented plaintiff found several trackers on his car and his parents’ cars, as…

IN THE MATTER OF FIREARMS, REVOCATION OF FIREARMS ID CARD, AND FORFEITURE OF RIGHT TO OWN FIREARMS BY GREEN BROOK TOWNSHIP AGAINST T.F.

February 9, 2022 |

Appellate Docket No.: A-1334-20 Decided February 4, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey affirmed the forfeiture of T.F.’s firearms even though the Temporary Restraining Order (TRO) causing T.F.’s firearms to be seized was dismissed. In the Matter of T.F., In June 2006,…

When A Child Is Injured, All Timelines Are Tolled Until They Reach the Age of Majority

January 25, 2022 |

Estate of Micah Samuel v. Pleasantville Board of Education Docket No.: A-4314-19 A-4451-19 Decided January 20, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division of New Jersey allowed for a parent’s Tort Claims Notice for a Portee claim to be tolled along with the minor’s Tort…

Is a Warrantless Search of a Home Justified After the Occupant Was Detained Outside the Home?

January 21, 2022 |

State v. Christopher Radel State v. Keith Terres Appellate Docket No.: A-44-20 A-45-20 Decided January 20, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed two cases to determine whether police warrantless search of a home was justified after the occupant was detained…

Requests To Remove Children Out of State to Reside with A Parent Are Reviewed by The Best Interests of The Child

January 20, 2022 |

T.Z.S. v. A.G.W. Docket No. A-0898-20 Decided January 19, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court’s denial of a custody removal application for defendant living in North Carolina and ordered a plenary hearing because of disputed material facts that…

Denial To Modify Alimony When There Is a Prima Facie Showing of Cohabitation

January 19, 2022 |

Manley v. Manley Docket No. A-0408-20 Decided January 14, 2022 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s denial of a motion to modify alimony, finding the movant had made a prima facie showing of cohabitation and there was nothing more…

Personal Injury Law: In A Case of Preexisting Injury, A Plaintiff Is Required to Prove Exacerbation

January 17, 2022 |

In Sim Hwang v. Saune Gordon Docket No.: A-3434-19 Decided January 14, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reversed a dismissal of plaintiff’s complaint on summary judgment for an alleged failure to plead exacerbation and then provide evidence of the exacerbation. In Hwang., Plaintiff…