Posts Tagged ‘TRO’
Final Restraining Order (FRO) Granted After Plaintiff Perpetuating Physical Acts Against Plaintiff
J.C. v. T.T. Docket No. A-2955-19 Decided June 7, 2021 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court entry of a Final Restraining Order (FRO) after the trial judge found plaintiff credible of defendant perpetuating physical acts against plaintiff. In…
Read MoreCase Brief: L.D. v. M.J.M., 2021 WL 2012249
Unpublished Opinion; Shall not constitute precedent or be binding upon any court Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Parties: Plaintiff: L.D. Defendant: M.J.M. Proc. Hist.: Trial Court denied plaintiff’s request for a final restraining order and vacated temporary restraining order against defendant. Plaintiff argues on appeal that (1) trial judge erred in failing…
Read MoreJudges Undertaking Remote Domestic Violence Trials Are Faced with Challenges in Conducting These Adequately
D.M.R. v. M.K.G. Docket No. A-4085-19 Decided May 11, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey reversed a trial court entry of a Final Restraining Order (FRO) after the trial judge conducted a video conference hearing, did not allow defendant adequate time between…
Read MoreViolations of Temporary Restraining Orders (TRO) and Final Restraining Orders (FRO) Are Criminal Acts and Heard by A Family Judge
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…
Read MoreFinal Restraining Orders: A Trial Court Must Make Specific Findings for Domestic Violence Matters
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 In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court entry of a Final Restraining Order (FRO) after the trial judge did not believe defendant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…
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 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 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…
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