If the judge said the plaintiff did not satisfy the New Jersey domestic violence act evidentiary burdens, then how can she impose the restraining order against me anyway?

MC vs. GT Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. If the court makes a ruling that the evidence has failed to prove a violation of the act, and the parties are not credible, the court then cannot impose the restraints authorized by law regardless of the evidence. In this New Jersey Appellate…

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Family Court Finds Emotional Abuse Equally Harmful as Physical Abuse

Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Words can hurt. It is a reality understood by most people but an empty statement if the courts are not willing to protect New Jersey’s citizens from verbal abuse. In J.C. v. B.S. the Chancery Division of Ocean County did just that back on September 14,…

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Cell Phone Texts as Proof of Evidence in Domestic Violence Hearings

Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In early October 2015 the Superior Court New Jersey Family Part Law Division Ocean County addressed the introduction of texts existing on cell phones as proof of evidence in a domestic violence hearing. In the modern context of harassment many courts have had to wrestle with…

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Domestic Violence Criminal Trial Summary: 14-2-0489 State v. Raimondo, App. Div. Docket No. A-0369-11T3

In State v. Raimondo at the trial level, the defendant was convicted of third-degree terroristic threats, N.J.S.A. 2C:12-3a (count one); fourth-degree possession of an illegal butterfly knife and/or a switchblade, N.J.S.A.2C:39-3e (count two); a fourth-degree certain persons weapons offense, N.J.S.A.2C:39-7a (count three) and petty disorderly persons offense of harassment.  The case arises out of a…

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