Posts Tagged ‘Domestic Violence’
Appellate 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 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…
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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