A new Appellate Division case shows that it does not take much to prove coercive control.
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Air Tags and Listening Devices Can be Domestic Violence Too!
The use of technology such as air tags, listening devices, hidden recorders, gps devices can be considered domestic violence
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First Discussion of Coercive Control in a Reported Appellate Decision Since it Was Added to the Domestic Violence Statute
In a reported (precedential) opinion, the Appellate Division discusses coercive control for the first time since it was added to New Jersey’s Domestic Violence Statute.
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Flying a Drone Over Your Spouse’s Home and Remotely Locking her Computer Found to be Domestic Violence
Flying a drone over a spouse’s home and remotely accessing and locking her out of her computer was found to be harassment warranting a domestic violence Final Restraining Order.
Awards of Counsel Fees When Successfully Prosecuting, but not Defending, An Act of Domestic Violence
When a party in New Jersey successfully obtains a domestic violence Final Restraining Order, they are entitled to counsel fees as part of the damages. However, parties are not typically entitled to counsel fees for successfully defending against domestic violence unless the cross-complaint was frivolous, retaliatory or made in bad faith. However, too often, cross complaints are frivolous, retaliatory or made in bad faith.
Making False Allegations To The Police Found To Be Harassment and Coercive Control Warranting a Final Restraining Order
False reports to the police alleging a violation of a final restraining order considered harassment and coercive control warranting a FRO.
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Can a Trial Judge Grant a Final Restraining Order by Randomly Relying on Battered Woman Syndrome?
Very often, victims or purported victims of domestic violence hear about the concept of the cycle of domestic violence. Also, it is not uncommon for victims of domestic violence not
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Can Prior Acts Previously Adjudicated to Not Amount to Domestic Violence Be Raised in a Future Domestic Violence Proceeding?
Prior acts which have been adjudicated not to be domestic violence cannot be raised in future domestic violence proceedings
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Court Can’t Decide Mid-Trial Motions to Dismiss in DV Cases Based on Credibility
Many domestic violence cases, particularly those dealing with allegations of harassment, or borderline cases that may or may not be what is called “domestic contretemps” come down to credibility determinations.
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Yes, The Fifth Amendment Does Apply to Domestic Violence Proceedings
a trial court may not draw an adverse inference in an FRO proceeding based solely upon defendant’s decision to invoke his Fifth Amendment right to not testify
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