Domestic Violence
Domestic Violence and the 2 Prong test of predicate acts and imminent fear of harm
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…
Read MoreI 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?
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…
Read MorePredicate Acts of Domestic Violence and Appellate Review of Trial Court’s Determination and questioning of witness.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not “constitute precedent or be binding upon any court.”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…
Read MoreAppellate 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!”
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…
Read MoreMy Domestic Violence charges and Restraining Order were Dismissed, How do I get my gun back now??
In the Matter of the Application for Disposition of Weapons Belonging to D.S. , N.J. Super. App. Div. Decided February 11, 2019 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In this case the facts are pretty clear. The defendant was charges with several criminal charges, all of which were dismissed. However, as part of…
Read MoreFamily Court and NET Opinions
Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. J.M. v. T.F., N.J. Super. App. Div. Facts: Defendant appealed from a final restraining order entered in favor of plaintiff pursuant to the Prevention of Domestic Violence Act of 1991. Plaintiff went to defendant’s home to pick up their daughter and was presented with a cup of…
Read MoreHave you been tricked/coerced into having intercourse/sex with your husband or spouse against your wishes while you are currently married
Do you believe this is domestic violence? Can you win with these charges in court to get a temporary restraining order? What does it mean in a trial that the plaintiff must bear his/her burden of proof by a preponderance of the evidence? V.M. v. A.M. Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark.…
Read MoreThermostats, Locks and Lights: Digital Tools of Domestic Abuse
Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. SAN FRANCISCO — The people who called into the help hotlines and domestic violence shelters said they felt as if they were going crazy. One woman had turned on her air-conditioner, but said it then switched off without her touching it. Another said the code numbers…
Read MoreI’ve been charged with harassment I need to know for my job if that is that a domestic violence issue?
Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark Today were going to do a review one particular issue of the Domestic Violence law in New Jersey. We are going to examine the harassment and constitutes harassment. I’ve been charged with harassment I need to know for my job if that is that a domestic…
Read MoreWhat you need to know if you’re charged with domestic violence and a restraining order in New Jersey
14-2-5643 L.M.W. v. A.P. , N.J. Super. App. Div. January 12, 2018 Have you been charged with domestic violence? Have you been criminally charged with harassment under NJSA 2C:33-4(c)? Did the court enter a final restraining order based on texts you sent your wife or girlfriend? Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In this…
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