The Legality and Appropriateness of Entering A FRO, And of Awarding Counsel Fees and Punitive Damages

March 23, 2021

Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. After the conclusion of a six month trial, defendant appealed the entry of a June 20, 2019 final restraining order (FRO) pursuant to the Prevention of Domestic Violence Act (Act), N.J.S.A. 2C:25-17 to -35. Defendant also appealed the judge’s November 18, 2019 reconsideration decision awarding plaintiff G.D.…

Does Conduct Involving Parenting Time Disputes Constitute Harassment Under the Domestic Violence Statute?

March 17, 2021

C.C. v. I.C. Docket No. A-0771-19 Decided March 16, 2021 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reviewed whether defendant’s conduct towards plaintiff involving parenting time disputes constituted harassment under the domestic violence statute, warranting a Final Restraining Order (FRO). In C.C., The…

Counsel Fees (And Counsel Fee Awards) Are Always an Issue When Lawyers Are Involved in a Divorce

January 29, 2021

Wilk v. Wilk Docket No. A-5013-18T1 Decided January 28, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed a trial court’s decision to award plaintiff $40,000 in counsel fees payable by defendant at the conclusion of their divorce. In Wilk, The parties were married for eighteen…

Order Denying Defendant’s Request to Terminate His Alimony Obligation

December 31, 2020

Steuber v. Desmelyk Docket No. A-600-19T2 Decided December 28, 2020 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order denying defendant’s request to terminate his alimony obligation initiated by a Matrimonial Settlement Agreement (MSA) entered into just eight months prior. In Steuber, after 7…

Denial of A Temporary Restraining Order (TRO); No Predicate Act or Credibility, and Reliance on Irrelevant Facts

December 18, 2020

L.E.A. v. M.A. Docket No. A-4174-18T3 Decided December 16, 2020 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed a trial court’s denial of a Temporary Restraining Order (TRO), as the Court failed to make appropriate findings as to a predicate act, failed to make credibility…

SOCIAL MEDIA POSTS IN DOMESTIC VIOLENCE RESTRAINING ORDER DECISIONS

November 19, 2020

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…

BACHELOR WINNER CASSANDRA RANDOLPH FILES TEMPORARY RESTRAINING ORDER AGAINST THE BACHELOR COLTON UNDERWOOD

September 18, 2020

Cassandra Rudolph v. Colton Underwood Filed September 11, 2020 Los Angeles Superior Court THIS BLOG DETAILS FACTS SURROUNDING A CASE IN LOS ANGELES, CALIFORNIA.  PLEASE BE ADVISED THIS FIRM PRACTICES IN NEW JERSEY AND PENNSYLVANIA ONLY.  IF YOU ARE SEEKING LEGAL ADVICE OUTSIDE OF NEW JERSEY OR PENNSYLVANIA, PLEASE CONTACT AN ATTORNEY IN YOUR STATE.…

College Contribution Requirement in Divorce and Failure to Supply Financial Documentation

July 22, 2020

Royster v. Royster Docket No. A-2715-18T3 Decided July 20, 2020 Submitted by New Jersey Alimony Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge decision denying defendant’s motion to end his college contribution requirement for failure of plaintiff to supply the financial documentation, and required him to…

Temporary Restraining Order (TRO) and Final Restraining Order (FRO) when Threatened with Forceable Rape

July 22, 2020

B.E.D. v. D.S.W. Docket No. A-3436-18T2 Decided July 20, 2020 Submitted by New Jersey Restraining Order Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division overturned a Final Restraining Order (FRO) entered by the Trial Court despite allegations of a forced rape with a gun, and several gruesome details a prior…

Remote Trial Without the Consent Of Either Party During the COVID-19 Pandemic

July 13, 2020

State v. D.E.: Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. The State appealed an order denying reconsideration of a verbal decision to schedule a trial date for defendant’s remotely conducted domestic violence contempt trial in the Family Part, and the defendant joined in the State’s application as well. Defendant was charged with two…