In January 2020, the Appellate Division considered an important question: how should a judge assess a party’s request to appear at a trial and present testimony by way of video
Continue Reading Remote Proceedings: Zooming Past Litigants’ Due Process Rights By: Arrianna T. Diamantis
Domestic Violence
Can Judges Rely on Information that is Outside of the Record?
By Eric S. Solotoff on
There used to be a family judge, who, with his law clerk, spent a lot of time on Google, looking up property records, Zillow “values” and other information regarding the…
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I’m Not a Cat, But Can I Get Divorced Over Zoom Anyway?
By Eliana Baer on
One thing this pandemic has taught me about my fellow lawyers: we are adaptable.
Just take the lawyer trapped in a cat filter as an example. Despite his adorable faux…
Continue Reading I’m Not a Cat, But Can I Get Divorced Over Zoom Anyway?
A Victim of Domestic Violence Need Not Have Disclosed the Abuse to Another to Establish a Predicate Act of Domestic Violence
By Eric S. Solotoff on
Victims of abuse have many reasons for not reporting prior acts of domestic violence – either to friends, family, co-workers, etc. or the police. Logically, the failure to report does…
Continue Reading A Victim of Domestic Violence Need Not Have Disclosed the Abuse to Another to Establish a Predicate Act of Domestic Violence
If You Want to Keep Your Final Restraining Order, Maintaining a Sexual Relationship with the Defendant Is a Bad Idea
By Eric S. Solotoff on
More than 11 years ago, I wrote a post on this blog entitled The Abuse and Misuse of the Domestic Violence Statute. From the statistics, we can see that…
Continue Reading If You Want to Keep Your Final Restraining Order, Maintaining a Sexual Relationship with the Defendant Is a Bad Idea
Statutes and Subsequent Qualification by the Supreme Court – They Both Matter.
By Jessica C. Diamond on
In a recent decision, E.H. v. K.H., the Appellate Division made clear that a finding of harassment in connection with the entry of a domestic violence restraining order must…
Continue Reading Statutes and Subsequent Qualification by the Supreme Court – They Both Matter.
The Appellate Division Reaffirms the Basic Tenets of Who You Can Get a Final Restraining Order Against
By Fox Rothschild LLP on
It is important to understand the requirements to obtain a Final Restraining Order or to defend against the entry of one. Through case law and the New Jersey legislature, there…
Continue Reading The Appellate Division Reaffirms the Basic Tenets of Who You Can Get a Final Restraining Order Against
The Modern Family Now Falls Under The Scope Of The Domestic Violence Act In New Jersey
By Fox Rothschild LLP on
The issue in the published trial court decision, S.C. v. J.D., reviewed what is a “household member” under the Prevention of Domestic Violence Act (“PDVA”) pursuant to N.J.S.A. 2C:25-17…
Continue Reading The Modern Family Now Falls Under The Scope Of The Domestic Violence Act In New Jersey
New Jersey Appellate Division Examines the Meaning of “Dating Relationship” in Domestic Violence Cases.
By Jessica C. Diamond on
I have written about the requirements of obtaining a domestic violence final restraining order (“FRO”) under the New Jersey Prevention Against Domestic Violence Act (“the Act”) previously on this blog. …
Continue Reading New Jersey Appellate Division Examines the Meaning of “Dating Relationship” in Domestic Violence Cases.
Coronavirus Stay at Home Requirements and the Enhanced Risk of Domestic Violence
By Eric S. Solotoff on
There has been much news coverage about how China’s divorce filings spiked after their periods of quarantine and lock down ended including in articles and Bloomberg, the Daily Mail…
Continue Reading Coronavirus Stay at Home Requirements and the Enhanced Risk of Domestic Violence