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 In a recent unpublished decision the Appellate Division of New Jersey reviewed whether defendant’s conduct towards plaintiff involving parenting time disputes constituted harassment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 In a recent unpublished decision the Appellate Division reversed a trial court’s denial of a Temporary Restraining Order (TRO), as the Court failed to make appropriate findings as to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…

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 In a recent unpublished decision the Appellate Division reversed a trial court’s denial of a Temporary Restraining Order (TRO), as a predicate act that involves violence is almost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 Decided September 10, 2020 In a recent unpublished decision the Appellate Division reviewed a trial judge’s decision to award counsel fees to a defendant after a plaintiff failed to obtain a Final Restraining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.,…

TRO Leading to Search Warrant And Weapons Charges Vacated For Destruction Of Evidence.

June 10, 2020

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…

Final Restraining Order (FRO) Against A Defendant Who Lived Out of The State of New Jersey

June 9, 2020

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…

Domestic Violence and the 2 Prong test of predicate acts and imminent fear of harm

April 17, 2019

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…

State v. Hemeway Appellate Division April 16, 2018 Restraining Order Search Warrant issue

April 22, 2018

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…