A 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…

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Final Restraining Order After Judge Found Plaintiff Credible of Defendant Perpetuating Physical Acts Against Plaintiff

E.K.M. v. T.G. Docket No. A-1397-19 Decided June 3, 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 In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court entry of a Final Restraining Order (FRO) after the trial judge found plaintiff credible of defendant perpetuating physical acts against plaintiff. In E.K.M.,…

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Violations of Temporary Restraining Orders (TRO) and Final Restraining Orders (FRO) Are Criminal Acts and Heard by A Family Judge

State v. D.O.P. Appellate Docket No.: A-1881-18 Decided April 28, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published opinion, the Appellate Division of New Jersey reviewed a trial court’s dismissal of a Final Restraining Order (FRO) contempt charge when defendant was seen outside of the victim’s home and ran when he…

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

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 In a recent unpublished decision the Appellate Division of New Jersey reviewed whether defendant’s conduct towards plaintiff involving parenting time disputes constituted harassment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…

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

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 In a recent unpublished decision the Appellate Division reversed a trial court’s denial of a Temporary Restraining Order (TRO), as the Court failed to make appropriate findings as to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…

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Carfagno Factors and Dissolving A Restraining Order

A.J.C. v. G.A.C. Docket No. A-5236-18T1 Decided December 8, 2020 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division dissolved a Final Restraining Order (FRO) after the plaintiff engaged in sexual relations numerous times with the defendant during the period the FRO was in effect. In A.J.C., on…

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