A few months ago, I blogged about due process for defendants in domestic violence actions. We now have another unpublished decision on this topic but with a different due process violation. In the matter of S.C. v. Z.B., the parties had cross-temporary restraining orders (“TRO”) against each other stemming from the same incident
Five Reasons to Choose the Blossoming Attorney
When networking or meeting with a potential client, I am often asked: “Why should I hire you?” Most people think that more experience is always better and, at first blush, that makes sense. After all, if I were having surgery, I’d certainly want to go under the knife with a credentialed surgeon instead of a
Tracking Your Spouse Can Result in a Final Restraining Order Even When You Ask Your Dad for Help
In the recent unpublished decision of L.G. v. T.G.. the Appellate Division addresses an issue that we are dealing with more and more – tracking one’s spouse through a hidden GPS on their car. GPS in terms of domestic violence isn’t necessarily “new” – you can read about the beginnings in Eric Solotoff’s 2011
Durational Limits of Protective Orders Under the Sexual Assault Survivor Protection Act
In a recent decision approved for publication, the New Jersey Appellate Division reversed a trial court’s findings that the Sexual Assault Survivor Protection Act, N.J.S.A. 2C:14-13 to -21 (SASPA), could afford protection to victims of sexual assault whose attacks took place prior to the effective date of the Act in 2015. In so holding, the
Due Process for Domestic Violence Defendants
A new domestic violence decision, M.D.C. v. J.A.C., not only confirms that defendants in a domestic violence proceeding are entitled to due process, but also goes a step further by asking the Supreme Court’s Family Practice Committee to determine whether the should require judiciary staff and law enforcement to inform and review with defendants
Non-Traditional Relationships and Consent as a Defense to Domestic Violence
When a trial court’s decision is published, we know it’s time to listen. 
T.M. v. R.M.W. is a good reminder that definitions modernize with our modernizing society, even when dealing with terms and concepts that we use in our daily practice. In this case, the court opined about two integral parts of a domestic violence
Read This Before You Press “Record”
Technology is making it easier and easier to satisfy our curiosity about just what the heck the people in our lives are up to. Are you curious about your husband’s whereabouts? You could plant a GPS device on his car. Do you want to know what your wife is saying to the kids? There are
New Appellate Division Decision Outlines Procedures for Reconstructing the Record in DV Cases
The Appellate Division recently issued a published (precedential) decision in the matter of G.M. v. C.V. providing some clarification on procedures that must be followed when a transcript is not available to serve as a record of a prior hearing.
In G.M., a domestic violence restraining order had been entered between the parties in
The Supremes Clarify the Legal Definition of Harassment When It Comes to “Purely Expressive Activity”
The word “harassment” is one of those terms I hear all the time as a family law attorney. I have had complaints from clients that their spouse made a mess of the house just to “harass” them. Or, I have had adversaries who intentionally misconstrue every single dispute between our clients as “harassment.” It is
Sua Sponte Reinstatement Of Dismissed Final Restraining Order Violates Due Process, Appellate Division Says
Notice and opportunity to be heard is one of the most fundamental tenants of due process in this country. Every litigant, no matter how small the case, has the right to have his or her “day in court.” As we learn in the recent Appellate Division decision of T.M.S. v. W.C.P., that applies equally