Posts Tagged ‘Domestic Violence Lawyer’
SOCIAL MEDIA POSTS IN DOMESTIC VIOLENCE RESTRAINING ORDER DECISIONS
Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Credibility is the single most important factor in a Judge’s decision to grant a Final Restraining Order (FRO). With these matters, there is often little or no evidence detailing that events other than your testimony. If social media contradicts your testimony or demeanor, or shows you…
Read MoreS.M. v. J.M. | NJLJ Daily Decision Alert: May 5, 2020
S.M. v. J.M. Docket No. A-2190-18T1 Decided May 6, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division considered a Final Restraining Order (FRO) was entered properly against plaintiff and whether plaintiff’s Temporary Restraining Order (TRO) was properly dismissed against defendant. In S.M., the…
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 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…
Read MoreWas a final domestic violence restraining order entered against you? Do you want to appeal the judge’s findings?
Did the judge ordered a restraining order even though there were no act of domestic violence? MC vs. GT Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. If you answer “yes” to any of these questions call my office so we can represent you on appeal. If you are worried about the judge finalizing…
Read MoreIf 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…
Read MoreFamily 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,…
Read MoreCell 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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