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
Continue Reading Can a Trial Judge Grant a Final Restraining Order by Randomly Relying on Battered Woman Syndrome?
Prior acts which have been adjudicated not to be domestic violence cannot be raised in future domestic violence proceedings
Continue Reading Can Prior Acts Previously Adjudicated to Not Amount to Domestic Violence Be Raised in a Future Domestic Violence Proceeding?
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.
Continue Reading Court Can’t Decide Mid-Trial Motions to Dismiss in DV Cases Based on Credibility
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
Continue Reading Yes, The Fifth Amendment Does Apply to Domestic Violence Proceedings
In the unpublished (non-precedential) decision of K.E.M. v. S.R.A., the Appellate Division used the trial court’s findings to reinstate a Final Restraining Order (“FRO”) based on the predicate act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”
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 Dad
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?
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 IssueWhat 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 State
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 Insights