ANOTHER REVIEW OF NEW JERSEY’S “RED FLAG LAW” (FERPO / TERPO)

June 4, 2024 |

In the Matter of M.A.Z. Appellate Docket No.: A-0075-23 Decided June 3, 2024 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 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a granting of a Final Extreme Risk Protective Order (FERPO) in light of respondent requesting to the police to shoot him. In…

New Jersey Cross Temporary Restraining Order Made Final with One Incident Of “Escalating” Harassment

May 29, 2024 |

S.G., II v. K.G. Docket No. A-3398-22 Decided May 28, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed the entry of a Final Restraining Order (FRO) after Defendant made disparaging comments towards Plaintiff, his girlfriend, and pushed his mother. In S.G., II …

NJ Appellate Court Affirms Enforcement of Marital Settlement Agreement

May 28, 2024 |

M.L. v. P.L. Docket No. A-2878-22 Decided May 22, 2024 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s order enforcing a the Marital Settlement Agreement (MSA) despite Defendant later claiming that her mental incapacity due to medical conditions preventing her from…

NJ Appeals Court Reverses Convictions in State v. Coles Due to Invalid Jury Trial Waive

May 23, 2024 |

State v. Coles Practice Area: CRIMINAL LAW Date Filed: 2024-05-06 Court: Appellate Division Judge(s): Per Curiam Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Defendant appealed his convictions for first-degree murder and related weapons offenses after a bench trial. In August 2016, defendant killed his parents. He later admitted to the police that he had beaten them with his fists,…

NJ Appellate Court Upholds Extreme Risk Protective Order in J.C.G. Case

May 15, 2024 |

In the Matter of J.C.G. Docket No. A-2416-22 Decided May 1, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided J.C.G.’s (hereinafter “appellant”) appeal from an April 11, 2023 order entering a Final Extreme Risk Protective Order (“FERPO”) against him pursuant to the Extreme…

NEW JERSEY’S SEXUAL ASSAULT SURVIVOR PROTECTION ACT PROVIDES PROTECTIVE ORDER FOR THOSE NOT ELIGIBLE FOR RESTRAINING ORDER UNDER PREVENTION OF DOMESTIC VIOLENCE ACT

April 26, 2024 |

C.R. v. M.T. Docket No. A-47-22 Decided April 22, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent decision, the Supreme Court of New Jersey affirmed the entry of a Final Protective Order (FPO) under the Sexual Assault Survivor Protection Act of 2015 (SASPA) and analyzed the appropriate legal standard. In C.R.…

NJ MVC will require any offender who installs pre-court to return to Motor Vehicles a second time in order to start their sentence.

April 24, 2024 |

MVC sees the new law as not giving credit to offenders for interlock time served prior to conviction. They contend that the sentence lengths post conviction will remain the same. As a matter of process they will need a start time for the interlock requirement and will need the offender to return to MVC with…

NJ v. Vega: Marijuana, Firearm Search Ruling

April 17, 2024 |

State of New Jersey v. David Vega Docket No. A-3527-21 Decided March 25, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress marijuana located in the center console and a firearm in a backpack…

DISSOLVING A FINAL RESTRAINING ORDER IN NEW JERSEY

April 13, 2024 |

L.V. v. R.V. Docket No. A-3446-21 Decided April 11, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed the denial of a motion to dissolve a Final Restraining Order (FRO) after defendant failed to prove a substantial change in circumstances. In L.V. v.…

NEW JERSEY CROSS TEMPORARY RESTRAINING ORDERS DISMISSED DESPITE COURT NOT ADDRESSING PRIOR HISTORIES OF DOMESTIC VIOLENCE

April 2, 2024 |

J.T. v. A.S.A. Docket No. A-1860-22 A.S.A. v. J.T. Docket No. A-2152-22 Decided March 28, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed the dismissal of cross restraining orders without considering any evidence of a past history of domestic violence from either…