Posts Tagged ‘New Jersey Domestic Violence’
SOCIAL MEDIA POSTS IN DOMESTIC VIOLENCE RESTRAINING ORDER DECISIONS
Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Credibility is the single most important factor in a Judge’s decision to grant a Final Restraining Order (FRO). With these matters, there is often little or no evidence detailing that events other than your testimony. If social media contradicts your testimony or demeanor, or shows you…
Read MoreTRO Leading to Search Warrant And Weapons Charges Vacated For Destruction Of Evidence.
State v. J.L. Appellate Docket No.: A-2859-18T4 Decided June 5, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark In an unpublished opinion, the Appellate Division of New Jersey reversed a judgment of conviction where a telephonic Temporary Restraining Order (TRO) hearing led to a search warrant for firearms under the Prevention…
Read MoreNew Jersey Prevention from Domestic Violence Act Appeal September 19, 2019
A.M.V ., v. F.T., SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION September 19, 2019. Appellate Court affirms finding of domestic violence without trial court analyzing 2nd prong of Silver v. Silver because of ‘inherent’ violence of a shove alone without concern for the ‘risk of future harm’! Submitted by New Jersey Domestic Violence Lawyer,…
Read MoreDomestic Violence and the 2 Prong test of predicate acts and imminent fear of harm
Defined in Silver v. Silver, 387 N.J. Super. 112, 125-26 (App. Div. 2006) D.C. v. M.M. , N.J. Super. App. Div. Decided April 16, 2019 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Defendant appealed a FRO. The parties dated in 1982 and plaintiff alleged defendant assaulted her in 1983 after the relationship ended. Around…
Read MoreI sent some text and Facebook communications to my girlfriend which included cursewords. Can this be considered harassing communications for the purpose of New Jersey is domestic violence act?
FAMILY LAW | EVIDENCE | CRIMINAL LAW A.M. v. M.P., N.J. Super. App. Div. April 15, 2000 Submitted by Domestic Violence Lawyer, Jeffrey Hark. Defendant appealed from an amended final restraining order under the Prevention of Domestic Violence Act, in favor of plaintiff after the trial judge concluded that defendant’s conduct, which consisted of sending plaintiff a…
Read MoreFamily Court and NET Opinions
Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. J.M. v. T.F., N.J. Super. App. Div. Facts: Defendant appealed from a final restraining order entered in favor of plaintiff pursuant to the Prevention of Domestic Violence Act of 1991. Plaintiff went to defendant’s home to pick up their daughter and was presented with a cup 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 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…
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