Family Law
Converting a Temporary Restraining Order into a Final Restraining Order, Requires Proof of a Predicate Act of Domestic Violence
C.R.D. v. C.S. Docket No. A-0826-20 Decided December 7, 2021 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey remanded a trial court’s entry of a Final Restraining Order (FRO) due to the Court’s lack of legal analysis as to whether the restraining order was necessary…
Read MoreTo Convert a Temporary Restraining Order into a Final Restraining Order, They Must Prove a Predicate Act of Domestic Violence
I.M.R. v. A.R.S. Docket No. A-0216-19 Decided October 13, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court’s entry of a Final Restraining Order (FRO) due to the Court’s improper findings of criminal mischief, failure to make legal assessments as to…
Read MoreProperty Settlement Agreement (PSA) and Parties’ Obligations Towards Their Sons’ College Costs
Zegarski v. Zegarski Docket No. A-4146-19 Decided: October 1, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision in the Appellate Division of New Jersey affirmed the trial court’s orders in regard to a matrimonial matter and the parties’ obligations towards their sons’ college costs and concomitant award for counsel fees.…
Read MoreBeing Found Guilty of More Than One Contempt Charge Will Result in A Mandatory Minimum 30-Day Jail Sentence
State v. H.S.G. Appellate Docket No.: A-5188-18 Decided July 14, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether defendant knowingly violated a Temporary Restraining Order (TRO) when he claimed he thought it had expired. In State v. H.S.G., on March 23, 2019,…
Read MoreJUDGES IN FAMILY COURT CAN DESIGNATE COUNSEL FEE AWARD AS NON-DISCHARGEABLE IN BANKRUPTCY
Bisbing v. Bisbing Docket No. A-0138-20 Decided July 7, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division affirmed an attorney fee award in a post-judgment divorce action as non-dischargeable in bankruptcy proceedings. In Bisbing, the parties divorced in April 2014. One year later, plaintiff sought to relocate…
Read MoreA Child Living Away at Boarding School May Warrant a Modification of Child Support
Baeszler v. Baeszler Docket No. A-4669-18 Decided July 6, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed in part a trial court’s denial to modify an arbitration award finding a child living away in boarding school is changed circumstances sufficient to modify child support. In Baeszler,…
Read MoreThe Six Factors Required to Show Cohabitation for Purposes of Alimony Modification
Temple v. Temple Docket No. A-0293-20 Decided June 17, 2021 Approved for publication June 30, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey reversed a trial court’s denial of a motion to modify alimony, finding the movant had made a prima facie showing of…
Read MoreA Final Restraining Order Requires the Trial Judge to Make Certain Findings Pursuant to A Two-Prong Test
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3506-18 A.M., Plaintiff-Respondent, v. M.K., Defendant-Appellant. ________________________ Submitted February 24, 2021 – Decided June 28, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. Plaintiff obtained a temporary restraining order against defendant, on February 14, 2019. She alleges that he was harassing her frequently by contacting her…
Read MoreThe judge must rely on sufficient facts from the record to support legal conclusions as to grant or deny an FRO
A.M. v. M.K. Docket No. A-3506-18 Decided June 28, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court entry of a Final Restraining Order (FRO) but remanded for the addition of plaintiff’s boyfriend to the FRO. In A.M., Plaintiff and defendant…
Read MoreThe Serious Implications of a Temporary Restraining Order, and the Steps to Take to Prevent a Final Restraining Order
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET A-2257-19 S.S., Plaintiff-Respondent, B.G., Defendant-Appellant. _______________________ Argued May 24, 2021 – Decided June 22, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. On November 19,2019, plaintiff obtained a temporary restraining order against the defendant. On December 12,2019, the hearing for the final restraining order took place. Prior…
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