Domestic Violence and the 2 Prong test of predicate acts and imminent fear of harm

April 17, 2019 |

Defined in Silver v. Silver, 387 N.J. Super. 112, 125-26 (App. Div. 2006)  D.C. v. M.M. , N.J. Super. App. Div. Decided April 16, 2019 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Defendant appealed a FRO. The parties dated in 1982 and plaintiff alleged defendant assaulted her in 1983 after the relationship ended. Around…

Restitution: Do I have to Pay it and does the court have to consider my ability to pay?

April 17, 2019 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Restitution has become an additional area of criminal litigation in recent years.  As a result the appellate courts have ruled that even if restitution has to be paid, the trial court must conduct a hearing addressing whether the defendant has the ability to pay given his/her particular…

I sent some text and Facebook communications to my girlfriend which included cursewords. Can this be considered harassing communications for the purpose of New Jersey is domestic violence act?

April 16, 2019 |

FAMILY LAW | EVIDENCE | CRIMINAL LAW A.M. v. M.P., N.J. Super. App. Div. April 15, 2000 Submitted by Domestic Violence Lawyer, Jeffrey Hark. Defendant appealed from an amended final restraining order under the Prevention of Domestic Violence Act, in favor of plaintiff after the  trial judge concluded that defendant’s conduct, which consisted of sending plaintiff a…

Predicate Acts of Domestic Violence and Appellate Review of Trial Court’s Determination and questioning of witness.

April 8, 2019 |

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not “constitute precedent or be binding upon any court.” Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. RCC v. PF SUPERIOR COURT OF NEW…

Extreme Risk Protective Order Statute Discussion

April 8, 2019 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey Administrative Office of the Courts (AOC) has issued a proposed new rule to the Court Rules to effectuate the Emergent Preventive Order Statute that was recently enacted by the New Jersey legislature in 2018. This statute authorizes law-enforcement or any other interested party to…

I was involved in a car crash while working. Why do I have to pay back the Worker’s Compensation people?

April 6, 2019 |

LIBERTY MUTUAL INSURANCE o/b/o SABERT CORPORATION,  v. JOSE R. RODRIGUEZ, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION  Approved for Publication — Decided April 2, 2019 I was involved in a car crash while working. Why do I have to pay back the Worker’s Compensation people? Submitted by New Jersey Worker’s Compensation Lawyer, Jeffrey Hark. In this case the…

Appellate Division States, “When the predicate act is an offense that inherently involves the use of physical force and violence, the decision to issue an FRO ‘is most often perfunctory and self- evident!”

April 5, 2019 |

ISSUE:  What constitutes “proving” Domestic Violence and what must the trial court do when the plaintiff ‘proves’ that domestic violence charge in family court? Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Ruling:  When a predicate act of Domestic violence has been proven the issuance of a Final Restraining order will be perfunctory and…

NJ stops training police dogs to sniff out marijuana

April 5, 2019 |

TRENTON — New Jersey has halted training state police dogs to sniff out pot. Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. Attorney General Gurbir Grewal told lawmakers Wednesday that a pending proposal to legalize recreational marijuana led police to stop training them to detect the odor of burnt cannabis. He says dogs already…

Another Successful PTI Appeal

April 4, 2019 |

State v. R.M.M., N.J. Super. App. Div. 4/3/2019) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the defendant appealed a denial by the PTI coordinator as well as criminal case manager and what division judge. The appellate division found this was yet another circumstance the prosecutors office abuse their discretion and not to…

Is it a Workers Compensation Claim or is it an Accidental Disability Benefits Claim entitling a petitioner to State Disability?

April 3, 2019 |

Conti v. NJ Board of Public Employees Retirement Pensions Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION UNPUBLISHED {1″No unpublished opinion shall constitute precedent or be binding upon any court.” R. 1:36-3. Indeed, unreported decisions “serve no precedential value, and cannot reliably be considered part of our…