If Are Not Being Represented and Going to Trial, It Is Particularly Important to Obtain an Attorney

July 12, 2021 |

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1502-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ERNEST MIGNOLI, Defendant-Appellant. ________________________ Submitted March 1, 2021 – Decided July 7, 2021 Submitted by New Jersey Civil Lawyer, Jeffrey Hark On January 7, 2018, Captain Fahnolz of the Asbury Park Fire Department responded to defendant’s report. Defendant called in…

Voluntary Jury Waiver and Those Incarcerated During COVID-19

July 9, 2021 |

State v. Shtabnoy Appellate Docket No.: A-1716-19 Decided July 8, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a defendant’s conviction from a bench trial was a result of an improper jury waiver. In State v. Shtabnoy, on February 5, 2019, a…

JUDGES IN FAMILY COURT CAN DESIGNATE COUNSEL FEE AWARD AS NON-DISCHARGEABLE IN BANKRUPTCY

July 8, 2021 |

Bisbing v. Bisbing Docket No. A-0138-20 Decided July 7, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division affirmed an attorney fee award in a post-judgment divorce action as non-dischargeable in bankruptcy proceedings. In Bisbing, the parties divorced in April 2014. One year later, plaintiff sought to relocate…

A Child Living Away at Boarding School May Warrant a Modification of Child Support

July 7, 2021 |

Baeszler v. Baeszler Docket No. A-4669-18 Decided July 6, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed in part a trial court’s denial to modify an arbitration award finding a child living away in boarding school is changed circumstances sufficient to modify child support. In Baeszler,…

The Six Factors Required to Show Cohabitation for Purposes of Alimony Modification

July 6, 2021 |

Temple v. Temple Docket No. A-0293-20 Decided June 17, 2021 Approved for publication June 30, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey reversed a trial court’s denial of a motion to modify alimony, finding the movant had made a prima facie showing of…

In Case of An Illegal Search, Evidence May Be Suppressed and The Case Dropped

July 6, 2021 |

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0128-19 STATE OF NEW JERSEY, Plaintiff-Respondent, Versus BRUCE A. POOLE, a/k/aBRUCE POOL, Defendant-Appellant. _______________________ Submitted April 28, 2021 – Decided June 25, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This case arises out of a June 27, 2018, event where there were reported shots fired…

A Final Restraining Order Requires the Trial Judge to Make Certain Findings Pursuant to A Two-Prong Test

July 2, 2021 |

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3506-18 A.M., Plaintiff-Respondent, v. M.K., Defendant-Appellant. ________________________ Submitted February 24, 2021 – Decided June 28, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. Plaintiff obtained a temporary restraining order against defendant, on February 14, 2019. She alleges that he was harassing her frequently by contacting her…

For a DUI or DWI in New Jersey, the Accused Must Be Observed for Twenty Minutes Uninterrupted

July 1, 2021 |

State v. Bruno Docket No. A-1144-19 Decided June 29, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed defendant’s guilty plea to a driving while intoxicated (DWI) after defendant challenged the twenty-minute observation period prior to the Alcotest breathalyzer. In Bruno, as part of…

Workers’ Compensation Claims and Re-injuring Previous Injuries

June 30, 2021 |

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5547-18 PATRICIA COSTANZO, Petitioner-Appellant, v. MERIDIAN REHAB, Respondent-Respondent. __________________________ Argued June 2, 2021 – Decided June 17, 2021 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. On April 1, 2016, petitioner was working for Meridian Rehab. When performing her duties, she slipped and fell to the…

The judge must rely on sufficient facts from the record to support legal conclusions as to grant or deny an FRO

June 29, 2021 |

A.M. v. M.K. Docket No. A-3506-18 Decided June 28, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court entry of a Final Restraining Order (FRO) but remanded for the addition of plaintiff’s boyfriend to the FRO. In A.M., Plaintiff and defendant…