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

April 30, 2021

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…

Final Restraining Orders: A Trial Court Must Make Specific Findings for Domestic Violence Matters

April 21, 2021

S.T.T. v. M.T.M. Docket No. A-0730-19 Decided April 19, 2021 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court entry of a Final Restraining Order (FRO) after the trial judge did not believe defendant when he left a prior court hearing…

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 In a recent unpublished decision the Appellate Division of New Jersey reviewed whether defendant’s conduct towards plaintiff involving parenting time disputes constituted harassment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

Violations of Temporary Restraining Orders (TRO) And Final Restraining Orders (FRO) Are Criminal Acts

January 21, 2021

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…

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…

Carfagno Factors and Dissolving A Restraining Order

December 9, 2020

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…

Predicate Acts of Domestic Violence Involving Physical Force Will Almost Always Lead to an Issuance of an FRO

December 2, 2020

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…

Decision to Award Counsel Fees to a Defendant after a Plaintiff Failed to Obtain a Final Restraining Order (FRO)

September 11, 2020

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…

Restraining Order Opinion and Counsel Fees

June 26, 2020

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.,…