Posts Tagged ‘TRO’
Decision to Award Counsel Fees to a Defendant after a Plaintiff Failed to Obtain a Final Restraining Order (FRO)
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 Decided September 10, 2020 In a recent unpublished decision the Appellate Division reviewed a trial judge’s decision to award counsel fees to a defendant after a plaintiff failed to obtain a Final Restraining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…
Read MoreRestraining Order Opinion and Counsel Fees
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 In a recent unpublished decision the Appellate Division reviewed a trial judge’s decision to award counsel fees to a defendant after a plaintiff failed to obtain a Final Restraining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.,…
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Docket No.: A-2859-18T4 Decided June 5, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark In an unpublished opinion, the Appellate Division of New Jersey reversed a judgment of conviction where a telephonic Temporary Restraining Order (TRO) hearing led to a search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 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v. E.C. Docket No. A-3462-18T4 Decided June 3, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark In a recent unpublished decision, the Appellate Division reviewed a decision to grant a final restraining order (FRO) against a defendant who lived out of the State of New Jersey, and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 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 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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