Posts Tagged ‘FRO’
New Jersey Final Restraining Order Reversed for Failing to Advise Right to Attorney
K.C. v. J.C. Docket No. A-1358-23 Decided November 25, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent appeal filed by the attorneys at Hark & Hark, the Appellate Division of New Jersey in an unpublished opinion reversed the entry of a Final Restraining Order (FRO) after the trial court failed to…
Read MoreNEW JERSEY FINAL RESTRAINING ORDER REVERSED FOR FAILING TO ADVISE RIGHT TO ATTORNEY
K.C. v. J.C. Docket No. A-1358-23 Decided November 25, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent appeal filed by the attorneys at Hark & Hark, the Appellate Division of New Jersey in an unpublished opinion reversed the entry of a Final Restraining Order (FRO) after the trial court failed to…
Read MoreDissolving A Final Restraining Order In New Jersey Requires Defendant to Produce a Transcript Of The FRO Trial
J.M.S-M. v. W.V.M. Docket No. A-1294-23 Decided October 22, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed the denial of a motion to dissolve a Final Restraining Order (FRO) after defendant failed to produce a transcript of the FRO trial. In J.M.S-M.…
Read MoreAppellate Court Upholds Final Restraining Order Denial in Harassment Case
N.M. v. D.F.P. Docket No. A-3757-22 Decided October 3, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent published opinion, defendant appealed from an order denying his motion to dismiss a final restraining order (FRO) issued under the Protection of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. In 2019, plaintiff was…
Read MoreNew Jersey Final Restraining Order Affirmed Over Differing Testimony Regarding Assault
D.E.H. v. B.W.M. Docket No. A-2056-22 Decided August 20, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a Final Restraining Order (FRO) after the parties had differing testimony over an alleged assault. In D.E.H. v. B.W.M., Plaintiff and defendant met online and…
Read MoreNew Jersey Final Restraining Order Defendants Can Invoke 5th Amendment Right Not to Testify Without Negative Inference Against Them
T.B. v. I.W. Docket No. A-3899-22 Decided August 5, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey overturned the entry of a Final Restraining Order (FRO) after defendant invoked his 5th amendment rights and the Trial Court drew a negative inference against defendant.…
Read MoreNew Jersey Final Restraining Order Affirmed Solely on the Basis of Harassment
L.R.A.R. v. C.D. Docket No. A-0229-23 Decided June 14, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed the entry of a Final Restraining Order (FRO) after plaintiff demonstrated several acts of harassment perpetuated by the defendant. In L.R.A.R. v. C.D., the parties…
Read MoreDissolving A Final Restraining Order In New Jersey Requires A Trial If Genuine Issues of Material Fact Exist
T.S. v. G.K. Docket No. A-2095-22 Decided June 14, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey reversed the denial of a motion to dissolve a Final Restraining Order (FRO) after defendant demonstrated a genuine issue of material fact requiring a plenary hearing…
Read MoreNew Jersey Appellate Division Reverses Denial of Final Restraining Order After Trial Court Disallows Business Records
S.G.G. v. J.D.M. Docket No. A-3273-22 Decided June 11, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed the denial of a Final Restraining Order (FRO) after the Trial Court disallowed business records certified by affidavit, requiring the custodian of the records to…
Read MoreNew Jersey Final Restraining Order Reversed on Appeal As Record Did Not Contain Adequate Facts For Assault
F.K. v. C.B. Docket No. A-2337-22 Decided June 4, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed and vacated a final restraining order (FRO) against defendant after a review of the record failed to support a finding of assault or a need…
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