In the unpublished (non-precedential) decision of K.E.M. v. S.R.A., the Appellate Division used the trial court’s findings to reinstate a Final Restraining Order (“FRO”) based on the predicate act
Continue Reading Cyber Harassment Gives Rise to FRO In Case That Emphasizes Importance of ‘Four Corners”Domestic Violence
Court’s Should Not Issue FROs Because They Think a Party is a Bad Parent or Deadbeat Dad
Earlier this month, I wrote a blog called Court’s Should Not Issue FROs to Address Parenting Issues. That blogged addressed a case where the trial court entered a Final Restraining…
Continue Reading Court’s Should Not Issue FROs Because They Think a Party is a Bad Parent or Deadbeat DadCan a Bad Social Media Post Lead to a Final Restraining Order?
Social media has become a prevalent part of people’s lives. Many people post about how great their life is or about the good things that their children do (guilty as…
Continue Reading Can a Bad Social Media Post Lead to a Final Restraining Order?Courts Should Not Issue FROs To Address Parenting Issue
Going back more than three decades, there are Appellate Division cases that offer caution about the abuse of the domestic violence statute to get a leg up in an impending…
Continue Reading Courts Should Not Issue FROs To Address Parenting IssueNew Jersey Has Jurisdiction to Enter a TRO Even When the Predicate Act Occurred in Another State
What happens when a victim of domestic violence suffers a predicate act in a State outside of New Jersey and then seeks an order of protection in New Jersey? The…
Continue Reading New Jersey Has Jurisdiction to Enter a TRO Even When the Predicate Act Occurred in Another StateJewish Divorce Talk Season 1 Recap: A Season of Insights
As I look back on the thought-provoking and insightful journey that was Season 1 of the “Jewish Divorce Talk” podcast, I am struck by the depth and breadth of the…
Continue Reading Jewish Divorce Talk Season 1 Recap: A Season of InsightsVindictive Report to DCPP Can Constitute Harassment Under the Domestic Violence Statute
It should come as no surprise that after the end of a relationship, people sometimes do bad things to the former love of their life. Really, it’s a tale as…
Continue Reading Vindictive Report to DCPP Can Constitute Harassment Under the Domestic Violence StatuteOff-the-Record Comments & the Right to an Impartial Final Restraining Order Hearing
What a judge says before, during or after a hearing “off-the-record” likely sheds light on the Court’s decision making process including, but not limited to, what evidence was considered and…
Continue Reading Off-the-Record Comments & the Right to an Impartial Final Restraining Order HearingRight to Counsel and Notice of Consequences of a Domestic Violence Finding is Required Before – Not After- the Finding
Seems pretty obvious that if a court is going to explain the ramifications of the right to have counsel in a domestic violence matter and the ramifications of the entry…
Continue Reading Right to Counsel and Notice of Consequences of a Domestic Violence Finding is Required Before – Not After- the Finding
Contempt & Communications Initiated Prior to Entry and Service of Restraining Orders
Typically, general prohibitory language within a Temporary Restraining Order (“TRO”) states that a Defendant is “prohibited from having any oral, written, personal, electronic, or other form of contact or communication…
Continue Reading Contempt & Communications Initiated Prior to Entry and Service of Restraining Orders