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

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 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a granting of a Final Extreme Risk Protective Order (FERPO) in light of respondent requesting to the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…

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

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.…

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DISSOLVING A FINAL RESTRAINING ORDER IN NEW JERSEY

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 In a recent unpublished decision, the Appellate Division of New Jersey affirmed the denial of a motion to dissolve a Final Restraining Order (FRO) after defendant failed to prove a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.…

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

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 In a recent unpublished decision the Appellate Division of New Jersey affirmed the dismissal of cross restraining orders without considering any evidence of a past history of domestic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…

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PTI Program Admission Reversed: Appellate Court Decision

State of New Jersey v. Gregory Phelps Docket No. A-0867-22 Decided January 2, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from an order directing defendant’s admission into the PTI program. In June 2021, defendant got into a drunken…

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New Jersey Domestic Violence Charges Must Be Dismissed When a Victim Invokes Their 5th Amendment Rights with No Other Witnesses

State v. D.A.B. Appellate Docket No.: A-1848-22 Decided September 19, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a dismissal of criminal charges related to a domestic violence matter after the prosecutor failed to disclose conversations with the victim in which the…

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PDVA Appeal Outcome: S.Y.R. v. R.R. – Docket A-3388-21 (Sept. 15, 2023)

S.Y.R. v. R.R.            Docket No. A-3388-21                     Decided September 15, 2023  Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a final restraining order (FRO) entered against him pursuant to the Prevention of Domestic Violence Act (PDVA), in favor of…

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