Posts Tagged ‘Prevention of Domestic Violence Act’
Case Brief: M.C.S. v. J.C.K., 2021 WL 2010654
Unpublished Opinion; Shall not constitute precedent or be binding upon any court Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Parties: Plaintiff: M.C.S. Defendant: J.C.K. Proc. Hist.: Trial Court granted plaintiff’s request for a FRO under the Prevention of Domestic Violence Act, based on the predicate acts of harassment, and simply assault by physical menace. …
Read MoreThe 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 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Docket No.: A-2859-18T4 Decided June 5, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark In an unpublished opinion, the Appellate Division of New Jersey reversed a judgment of conviction where a telephonic Temporary Restraining Order (TRO) hearing led to a search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 MoreN.M.Q. v. M.A.T.
Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In any determination of whether a Final Restraining Order (“FRO”) should be granted, the court must follow a two-step analysis from Silver v. Silver under the Prevention of Domestic Violence Act (“PDVA”). Under the two-step Silver analysis, the court must determine: (1) that the alleged victim…
Read MoreState v. Hemenway Guns Drugs, Domestic Violence search for weapons and criminal charges…. New Standard Announced
Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In this opinion the New Jersey Supreme Court has ordered Family Court judges issuing domestic violence restraining orders and domestic violence search warrants for weapons prohibited under New Jersey’s Prevention from Domestic Violence Act, establish on the court record probable cause based “upon a well grounded…
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…
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