Posts Tagged ‘temporary restraining order’
TRO 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Docket No.: A-2859-18T4 Decided June 5, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark In an unpublished opinion, the Appellate Division of New Jersey reversed a judgment of conviction where a telephonic Temporary Restraining Order (TRO) hearing led to a search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 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v. E.C. Docket No. A-3462-18T4 Decided June 3, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark In a recent unpublished decision, the Appellate Division reviewed a decision to grant a final restraining order (FRO) against a defendant who lived out of the State of New Jersey, and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 Order Dismissed Though the Plaintiff was Physically Assaulted
P.E.O. v. R.J. Docket No. A-5354-18T1 Decided May 11, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division considered whether Final Restraining Order (FRO) was properly dismissed although the plaintiff was physically assaulted, the parties lacked a history of domestic violence. In P.E.O., the…
Read MoreFinal Restraining Order with Lack of Domestic Violence History Between the Parties.
N.D. v. E.L.H. Docket No. A-3849-18T2 Decided May 11, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division considered whether Final Restraining Order (FRO) was entered properly against defendant without having a history of domestic violence between the parties. In N.D., the plaintiff and…
Read MoreS.M. v. J.M. | NJLJ Daily Decision Alert: May 5, 2020
S.M. v. J.M. Docket No. A-2190-18T1 Decided May 6, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division considered a Final Restraining Order (FRO) was entered properly against plaintiff and whether plaintiff’s Temporary Restraining Order (TRO) was properly dismissed against defendant. In S.M., the…
Read MoreTemporary restraining orders and final restraining orders
J.F. v. L.F. Appellate Docket No.: A-4735-18T3; and J.M. v. D.W. Appellate Docket No. A-4626-18T3. Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a pair of unpublished opinions, the Appellate Division of New Jersey heard argument on the issue of the imposition of a final restraining order. In J.F. v. L.F., both parties…
Read MoreTRO SOUGHT by threatening to release explicit photographs and videos of plaintiff to her family and friends
L.B.I., v. W.F.A.-Y., Decided December 12, 2019 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3211-17T4 Defendant W.F.A.-Y. appeals from the Family Part’s January 31, 2018 order granting his former girlfriend, plaintiff, L.B.I. a Final Restraining Order (FRO) under the Prevention of Domestic Violence Act of 1991…
Read MoreAppellate Division States, “When the predicate act is an offense that inherently involves the use of physical force and violence, the decision to issue an FRO ‘is most often perfunctory and self- evident!”
ISSUE: What constitutes “proving” Domestic Violence and what must the trial court do when the plaintiff ‘proves’ that domestic violence charge in family court? Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Ruling: When a predicate act of Domestic violence has been proven the issuance of a Final Restraining order will be perfunctory and…
Read MoreState v. Hemeway Appellate Division April 16, 2018 Restraining Order Search Warrant issue
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The key to this case is the good faith review of the facts presented to the family court judge at the time the temporary restraining order (TRO) is signed and put into effect. Although the alleged victim lied about the facts and circumstances surrounding any domestic violence…
Read MoreState v. Hemeway: Appellate Division April 16, 2018 Restraining Order Search Warrant issue
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The key to this case is the good faith review of the facts presented to the family court judge at the time the temporary restraining order (TRO) is signed and put into effect. Although the alleged victim lied about the facts and circumstances surrounding any domestic violence…
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