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 not negate the fact that the abuse happened. One would think that judges hearing domestic violence, more so than most people, would not that given
If You Want to Keep Your Final Restraining Order, Maintaining a Sexual Relationship with the Defendant Is a Bad Idea
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 this is still one of the most read items we have published, because the problem remains 11 + years later. I concluded that post by
Statutes and Subsequent Qualification by the Supreme Court – They Both Matter.
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 be based upon a judge’s findings on all elements of the criminal statute incorporated in the New Jersey Prevention Against Domestic Violence Act, qualified by
The Appellate Division Reaffirms the Basic Tenets of Who You Can Get a Final Restraining Order Against
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 are specific requirements that need to be met. In the recent unpublished decision, the Court reaffirms that both litigants and attorneys cannot stray away from
The Modern Family Now Falls Under The Scope Of The Domestic Violence Act In New Jersey
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 to -35. The plaintiff, “Samantha”, filed a temporary restraining order against her half-sibling, “Jake”, alleging assault and terroristic threats. The two share the same father.
New Jersey Appellate Division Examines the Meaning of “Dating Relationship” in Domestic Violence Cases.
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. One of the three main criteria the Court must look at when determining whether to grant a final restraining order in such cases is the
Coronavirus Stay at Home Requirements and the Enhanced Risk of Domestic Violence
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 and many other publications. In fact, in response to our own stay at home orders/working from home/shut down of the courts in large part, in
Appellate Division Examines Proofs Required to Establish Mental Incapacity and Lack of Consent Under the Sexual Assault Survivor Protection Act (SASPA)
In a recent published (i.e. precedential) decision, C.R. v. M.T., the New Jersey Appellate Division elaborated upon the legal standard proving that a sexual encounter during which one party was intoxicated was non-consensual under the Sexual Assault Survivor Protection Act (SASPA) N.J.S.A. 2C:14-13 to -21.
Although we have blogged frequently on domestic violence restraining
LIVE-IN CHILDCARE PROVIDERS QUALIFY AS “HOUSEHOLD MEMBERS” UNDER THE PREVENTION OF DOMESTIC VIOLENCE ACT
Hot off the press! A published (precedent setting) trial court decision, E.S. v. C.D. confirms that live-in childcare providers qualify as household members under the Prevention of Domestic Violence Act (“PDVA”). What does this mean? A restraining order can be entered against an employee who has lived with their employer even though the parties do
Domestic Violence Defendants Require Opportunity To Prepare Defense Even When FRO Is Warranted For Another Predicate Act
I have now blogged a few times about the importance for due process in domestic violence matters. The Appellate Division just gave us another unpublished case, B.L.F. v. T.G.C., to remind litigants and practitioners that the plaintiff in a domestic violence action is limited to the four corners of the Temporary Restraining Order (“TRO”) and,