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Category Archives: Domestic Violence

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THE PRESUMPTION OF CUSTODY IN A DOMESTIC VIOLENCE CASE IS NOT DETERMINATIVE IN A CUSTODY CASE

Posted in Custody, Domestic Violence, Visitation/Parenting Time

In the domestic violence statute, there is a presumption that the abused should get custody.  In the custody statute, the prior history of domestic violence is simply one of the many factors that a court must consider.  There really has not been a reported case that addresses the confluence of these two statutes until July… Continue Reading

GITAL IS FREE – LESSONS IN HERD MENTALITY AND THE STRUGGLE FOR A GET

Posted in Divorce, Domestic Violence, Equitable Distribution, Practice Issues, Uncategorized

Herd mentality is an interesting thing.  It basically describes how people are influenced by their peers to adopt certain behaviors, follow trends, or purchase certain items.  While typically anthropologists thought of this as a survival instinct – i.e. people in groups who espouse common goals may survive longer in pre-industrialized society – it has gotten… Continue Reading

APPELLATE DIVISION SEEKS TO PROTECT THE PARENTAL BOND

Posted in Custody, Divorce, Domestic Violence, Visitation/Parenting Time

Highly acrimonious custody disputes abound for countless reasons, many of which are tied to the specific facts and circumstances of a given case.  A determination of the most appropriate custody arrangement (joint or shared legal and residential custody) and parenting time schedule can be a difficult process, especially when multiple custody evaluators are retained to… Continue Reading

SEVEN DEADLY SINS OF DIVORCE: WRATH

Posted in Divorce, Domestic Violence

Rihanna, Whitney Houston, Tina Turner – all highly successful artists.  But they also have something else in common. They are all victims of domestic violence. Interestingly, when we think of these women, words emerge such as: strong, powerful and successful. Sometimes, despite their relationship woes, we think they are untouchable.  They are not and were… Continue Reading

SEVEN DEADLY SINS OF DIVORCE: GLUTTONY

Posted in Alimony, Child Support, Custody, Divorce, Domestic Violence, Equitable Distribution, Modification, Other, Practice Issues, Visitation/Parenting Time

A new report in Scientific American Mind suggests that humans who tend to overeat may develop the same patterns of neural activity as drug addicts. For example, in 2006, a physician at substance abuse center in Michigan noticed that many of his patients had recently undergone bariatric surgery to lose weight.  When they succeeded, patients… Continue Reading

IF YOU THINK A PARENTING COORDINATOR SOUNDS LIKE JUST THE SOLUTION TO ASSIST PARENTS WHO HAVE A FINAL RESTRAINING ORDER – THINK AGAIN

Posted in Divorce, Domestic Violence, Interspousal Agreements, Practice Issues, Visitation/Parenting Time

In the unpublished (non-precedential) recent case of N.G. v. N.B.G., the Appellate Court declined to enforce a provision in the parties’ Marital Settlement Agreement that permitted the parties to retain a Parenting Coordinator to resolve co-parenting issues, due to the existence of a Final Restraining Order  (I note that the FRO was in existence at… Continue Reading

NEW JERSEY’S PREVENTION OF DOMESTIC VIOLENCE ACT: A POSSIBLE REMEDY FOR FAILURE TO GIVE A GET?

Posted in Domestic Violence, Practice Issues

“On paper I’m free, but I’m still imprisoned.” – Gital Dodelson Gital Dodelson is among the chained women, or Agunot, as they are referred to in Jewish law, who remain anchored to their marriages long after the civil divorce has been granted.  This is because Gital’s husband, Avrohom Meir Weiss, refuses to grant her a… Continue Reading

THE VERY GROUCHY LADYBUG – A DIVORCE PARABLE?

Posted in Divorce, Domestic Violence, Interspousal Agreements, Mediation/Arbitration, Practice Issues

One of my kids’ absolute favorite books is The Very Grouchy Ladybug by Eric Carle.  We must have read the book together over 100 times, with each of us taking turns reading the parts of the animals that the so-called grouchy ladybug encounters throughout his day.  The book carries an anti-bullying theme, as each animal that… Continue Reading

Read Aaron Weem’s Interesting Post Entitled “Emotional Abuse Just As Harmful as Physical Abuse”

Posted in Custody, Domestic Violence, Visitation/Parenting Time

Aaron Weems is an attorney in our Blue Bell (Montgomery County), Pennsylvania office and editor of the firm’s Pennsylvania Family Law Blog wrote an excellent post entitled "Emotional Abuse Just as Harmful as Physical Abuse." While some of the local programs Aaron discusses for his county may not be available in New Jersey, the piece provides a good… Continue Reading

Read Melissa Brown’s Informative Article Entitled “Be Careful When Using Technology to Gather Evidence”

Posted in Domestic Violence, Practice Issues

Melissa Brown, an attorney in Charleston, South Carolina, is a fellow of the American Academy of Matrimonial Lawyers and one of the preeminent family lawyers in South Carolina. I had the occasion, last week, to read her excellent article on her blog entitled "Be Careful When Using Technology to Gather Evidence."  Melissa has graciously allowed us to re-post… Continue Reading

Perpetrator of Domestic Violence Cannot have the victim removed and get temporary custody of the kids, can he?

Posted in Custody, Domestic Violence, Visitation/Parenting Time

If I were to tell you that the victim of domestic violence was put out of the marital home and the abuser was granted temporary custody of the kids, you would say I was crazy.  The Appellate Division would agree and in reported (precedential) decision released on October 19, 2012 in the case of J.D. v. M.A.D.(ironically),… Continue Reading

ENFORCEABILITY OF DOMESTIC VIOLENCE RESTRAINTS THAT PROHIBIT A DEFENDANT FROM ATTENDING ANY LOCATION WHERE PLAINTIFF MAY ALSO BE PRESENT

Posted in Domestic Violence

As family law practitioners who frequently represent parties in domestic violence actions, we are often confronted with clients who, having been the victim of domestic violence, seek to prohibit their spouse’s presence at any location where they will also be present. Until just recently, the law remained silent as to whether a restraining order could… Continue Reading

THE USE OF MODERN TECHNOLOGY AS A FORM OF DOMESTIC VIOLENCE – THE APPELLATE DIVISION WEIGHS IN

Posted in Domestic Violence

The times, they are a’changing – at least when it comes to how the judicial system approaches harassment as an act of domestic violence in light of advanced technology used for communication.  In the newly reported (precedential) Appellate Division decision of L.M.F. v. J.A.F., Jr., the Court addressed the use of electronic communications, specifically text… Continue Reading

Appellate Division Finds that Putting GPS in Spouse’s Car was Not an Invasion of Privacy

Posted in Domestic Violence, Privacy and Confidentiality

As technology progresses, the use of it rears its head during divorce cases.  One such form of technology is the use of a GPS in a spouses vehicle.  In a reported (precedential) opinion decided on July 7, 2011, in the case of Villanova vs. Innovative Investigations, the Appellate Division affirmed a trial court’s granting of… Continue Reading

Domestic Violence: Bad Haircuts and an Unwanted Hug Can Constitute Harassment

Posted in Domestic Violence

This post was written by Melissa M. Ruvolo, a new Family Law associate, in our Roseland office, and soon to be an official contributior to this blog. Our blog frequently features discussions regarding what constitutes domestic violence to warrant the issuance of a Final Restraining Order (FRO). Perhaps the most frequently alleged “predicate act of… Continue Reading

ONE APPROACH TO LEGAL REPRESENTATION OF A DEFENDANT IN A DOMESTIC VIOLENCE MATTER

Posted in Domestic Violence

Lately, it seems as if everywhere I turn I am representing a party in a domestic violence matter, whether in relation to or separate from an ongoing divorce matter.  With these recent experiences fresh in my mind, I thought I would take the time to blog about the lawyer’s role in representing a defendant in such matters.  While it… Continue Reading

Trial Judge Says You Didn’t Commit Domestic Violence But Get Out – Appellate Division Says Not So Fast

Posted in Domestic Violence

The usual result after a domestic violence trial where the parties had been living together at the time of the entry of the Temporary Restraining Order (TRO) is that a Final Restraining Order (FRO) will be entered and the defendant kept out of the home, or the TRO will be dismissed and the defendant would be free… Continue Reading