Posts Tagged ‘FRO’
The Legality and Appropriateness of Entering A FRO, And of Awarding Counsel Fees and Punitive Damages
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.…
Read MoreDoes 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 In a recent unpublished decision the Appellate Division of New Jersey reviewed whether defendant’s conduct towards plaintiff involving parenting time disputes constituted harassment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…
Read MoreViolations of Temporary Restraining Orders (TRO) And Final Restraining Orders (FRO) Are Criminal Acts
State v. E.J.H. Appellate Docket No.: A-4228-19T1 Decided January 19, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reviewed a trial court’s dismissal of a Temporary Restraining Order (TRO) contempt charge when defendant spoke directly into a “Nest” home security camera knowing the victim…
Read MoreDenial 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 In a recent unpublished decision the Appellate Division reversed a trial court’s denial of a Temporary Restraining Order (TRO), as the Court failed to make appropriate findings as to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…
Read MoreCarfagno 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 In a recent unpublished decision the Appellate Division dissolved a Final Restraining Order (FRO) after the plaintiff engaged in sexual relations numerous times with the defendant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…
Read MorePredicate Acts of Domestic Violence Involving Physical Force Will Almost Always Lead to an Issuance of an FRO
K.B. v. A.R. Docket No. A-0493-19T1 Decided November 30, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reversed a trial court’s denial of a Temporary Restraining Order (TRO), as a predicate act that involves violence is almost certain grounds to grant a Final Restraining…
Read MoreDecision to Award Counsel Fees to a Defendant after a Plaintiff Failed to Obtain a Final Restraining Order (FRO)
E.H. v. K.H. Docket No. A-3623-18T1 Submitted by New Jersey Family Law Firm, Hark and Hark. Decided September 10, 2020 In a recent unpublished decision the Appellate Division reviewed a trial judge’s decision to award counsel fees to a defendant after a plaintiff failed to obtain a Final Restraining Order (FRO). In E.H., after six…
Read MoreRestraining Order Opinion and Counsel Fees
R.T. v. Z.S. Docket No. A-3738-18T3 Decided June 23, 2020 Submitted by the New Jersey Domestic Violence Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge’s decision to award counsel fees to a defendant after a plaintiff failed to obtain a Final Restraining Order (FRO). In R.T.,…
Read MoreFinal Restraining Order (FRO) Against A Defendant Who Lived Out of The State of New Jersey
D.C. v. E.C. Docket No. A-3462-18T4 Decided June 3, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark In a recent unpublished decision, the Appellate Division reviewed a decision to grant a final restraining order (FRO) against a defendant who lived out of the State of New Jersey, and who did not have…
Read MoreFinal Restraining Orders Even Easier to Obtain In Modern New Jersey
June 2, 2020 C.C. v. J.A.H. Docket No. A-4425-18T3 Decided May 4, 2020 P.E.O. v. R.J. Docket No. A-5354-18T1 Decided May 11, 2020 N.D. v. E.L.H. Docket No. A-3849-18T2 Decided May 11, 2020 S.C. v. J.D. Docket No. FV-13-1110-19 Decided March 21, 2019 Approved for publication May 7, 2020 Submitted by New Jersey…
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