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NJ Family Legal Blog Pertinent Information As It Relates To New Jersey Family Laws

Tag Archives: Prevention of Domestic Violence Act

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In the unpublished (non-precedential) recent case of N.G. v. N.B.G., the Appellate Court declined to enforce a provision in the parties’ Marital Settlement Agreement that permitted the parties to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

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

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

DOMESTIC VIOLENCE POST DIVORCE

Posted in Domestic Violence

Previously, I have blogged on the issue of domestic violence and the NJ Prevention Of Domestic Violence Act.  Our courts have carefully scrutinized this Act and its consequences, even determining whether and under what circumstances the issuance of a final restraining order can violate one’s right to due process.  Unfortunately, the issue of domestic violence arises all… Continue Reading

APPELLATE DIVISION BROADLY DEFINES “HOUSEHOLD MEMBER” UNDER THE PREVENTION OF DOMESTIC VIOLENCE ACT

Posted in Domestic Violence

The protections afforded by New Jersey’s Prevention of Domestic Violence Act are deliberately liberal for the benefit of abuse victims. Those protections, however, have seemingly expanded to an even greater degree under a new published (precedential) decision from the Appellate Division released on January 26, 2011. In S.Z. v. M.C., the Appellate Division ruled that an adult… Continue Reading

Dating Relationship under the Prevention of Domestic Violence Act – A Little More than Friends, Not Enough?

Posted in Domestic Violence

“He pops up everywhere I go; I am going to take out a restraining order against him for harassing me;” “she is calling me non-stop; I’m going to take out a restraining order against her.” I hear these phrases all too often, from clients, from friends, and even from people on the street. They want… Continue Reading

NJ’S PREVENTION OF DOMESTIC VIOLENCE ACT IS CONSTITUTIONAL

Posted in Domestic Violence

In the recent published decision of Crespo v. Crespo (A-28-09, decided February 18, 2010), the New Jersey Supreme Court upheld in a 7-0 decision the constitutionality of New Jersey’s laws against domestic violence. The Prevention of Domestic Violence Act, N.J.S.A. 2C25-17 to -35, is the law that governs domestic violence cases arising in NJ. The act is… Continue Reading

BEYOND STATE LINES – THE EXPANSIVE REACH OF THE PREVENTION OF DOMESTIC VIOLENCE ACT

Posted in Domestic Violence

We have previously blogged about the broad protections attached to the New Jersey Prevention of Domestic Violence Act.  However, can a victim alleging domestic violence only having occurred in another State come into New Jersey and seek the Act’s protections?  The short answer is – yes.  The question essentially becomes one of jurisdiction – do… Continue Reading

Due Process vs. Final Restraining Order

Posted in Domestic Violence

The Prevention of Domestic Violence Act, NJSA 2C:25-17 to 35, is the law that governs domestic violence issues in New Jersey, including the issuance of Temporary Restraining Orders (“TROs”) and Final Restraining Orders (“FROs”). The Prevention of Domestic Violence Act was enacted to protect victims of domestic violence. Unfortunately, some individuals abuse the protections offered by the… Continue Reading

THE SUPER BOWL AND DOMESTIC VIOLENCE?

Posted in Domestic Violence

Every year at about this time, you hear a supposed "fact" that Super Bowl Sunday is the biggest day of the year for domestic violence.  I even saw something on this this week on either Twitter or some news service.  I figured that I was use this blog to pass along a public service announcement about this scourge to… Continue Reading

THE SUPREME COURT HEARING ARGUMENTS ON CRESPO TODAY

Posted in Divorce, Domestic Violence

Previously we have blogged on the Crespo case.  In this case, the trial court determined that the Prevention of Domestic VIolence Act was unconstitutional. The Appellate Division reversed this decision in June finding the statute constitutional. The Supreme Court will be hearing oral argument on the issue today.  As a result, the final say on this… Continue Reading

A “PURPOSE TO HARASS” UNDER THE PREVENTION OF DOMESTIC VIOLENCE ACT

Posted in Divorce, Domestic Violence

There are numerous criminal acts addressed within the Prevention of Domestic Violence Act, which,if proven,can form the basis for the entry of a domestic violence restraining order.The crime of harassment  is one.  It is defined by New Jersey law as being committed when a person, "with purpose to harass another," "[e]ngages in any other course… Continue Reading

DOMESTIC VIOLENCE THROUGH THE INTERNET

Posted in Domestic Violence

We have previously blogged about domestic violence in the digital age, discussing how various forms of electronic surveillance can be deemed an act of domestic violence in New Jersey.  As also previously blogged on, so-called "cyberstalkers" may potentially face stiffer penalties for their conduct under two proposed bills in the New Jersey Assembly.  These types of… Continue Reading