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…
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 In a recent unpublished decision the Appellate Division affirmed several post judgment orders resulting from 38 post judgment motions filed by plaintiff, often requesting the same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…
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 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a granting of a Final Extreme Risk Protective Order (FERPO) in light of respondent being involved in a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…
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No.: A-1005-18 Decided March 1, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey upheld a warrantless swab of defendant’s hands two hours after finding his step father in a pool of blood.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…
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 In a recent unpublished decision, the Appellate Division of New Jersey upheld the imposition of a Final Restraining Order (FRO) against defendant for an alleged assault, but reversed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.,…
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No.: A-740-19 Decided February 25, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed the probationary sentence imposed on defendant Kevin M. Lamborn on the State’s motion for a Graves Act,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…
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No.: A-3461-20 Decided February 15, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed the legitimacy of an arbitration clause after a non parent signed on a child’s behalf.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…
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…
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.…