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
Domestic Violence
Sua Sponte Reinstatement Of Dismissed Final Restraining Order Violates Due Process, Appellate Division Says
By Eliana Baer on
Posted in Domestic Violence, Practice Issues
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…
A Domestic Violence Final Restraining Order Cannot Be Entered In To By Consent
By Eric S. Solotoff on
Posted in Domestic Violence, Practice Issues
On December 5, 2016, an extremely interesting reported (precedential) opinion was released by the Appellate Division in the matter of J.S. v. D.S. The opinion was remarkable for two reasons, one procedural and one substantive. On the procedural side, what was interesting was that the Appellate Division proceeded to decide the case even though the…
New Jersey Appellate Division Issues Decision Clarifying Second Prong of Silver Test
By Jessica C. Diamond on
Posted in Domestic Violence, Practice Issues
The standard for entry of a Final Restraining Order (FRO) under the NJ Prevention of Domestic Violence has been long established by the Courts (and discussed many times on this blog); under the seminal case Silver v. Silver, in order to obtain an FRO, the plaintiff must have a qualifying relationship with the defendant,…
Interference with Employment: A New Form of Domestic Violence
By Fox Rothschild LLP on
Posted in Domestic Violence
I previously blogged on economic abuse as a form of domestic violence in a post titled Financial Abuse: The Invisible Wounds of Domestic Violence. Although occurring in approximately 98% of all domestic violence situations according to National Network to End Domestic Violence, economic abuse is not what most people think about when they…
The Interplay Between Personal Firearm Forfeiture and Domestic Violence Proceedings Gets Some Clarification from the NJ Supreme Court
By Jessica C. Diamond on
Posted in Domestic Violence, Practice Issues
Recently, the New Jersey Supreme Court provided some important clarification with regard to the issue of firearm forfeiture in the wake of an arrest and firearm seizure pursuant to the New Jersey Prevention of Domestic Violence Act (NJPDVA), N.J.S.A. 2C:25-17 to 35. In In the Matter of the Application of New Jersey for the Forfeiture…
Can the Parent-Child Bond be Restored After Alienation?
By Eliana Baer on
It’s a tale as old as time. Divorced parents bash each other in hopes of garnering favor with their child during a divorce or custody dispute. At some point the child, becomes so exposed to the bashing, blame and ill-will from one parent toward another that the child becomes disenchanted with the other parent; the…
Filling in the Gaps: The Addition of “Criminal Coercion” as a Predicate Act Under the NJ Prevention of Domestic Violence Act
By Jessica C. Diamond on
Posted in Domestic Violence, Practice Issues
In August 2015, the New Jersey Legislature formally amended the Prevention Against Domestic Violence Act (N.J.S.A. 2C:25-19(a)) to include the predicate act of criminal coercion as a fifteenth form of domestic violence (in addition to: homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal…
Financial Abuse: The Invisible Wounds of Domestic Violence
By Fox Rothschild LLP on
Posted in Domestic Violence, Practice Issues
When most people hear the horrific phrase “domestic violence”, they think only of the physical abuse or threats of physical abuse inflicted upon another; however, financial or economic abuse exists in approximately 98% of all domestic violence situations, according to the National Network to End Domestic Violence.
Financial or economic abuse is defined as…
One Family, One Judge? Perhaps Not in the Context of an Act of Domestic Violence
By Eliana Baer on
We’ve all heard the maxim “One Family, One Judge” in the context of matrimonial matters. The underlying premise is that one judge in the Family Part should hear the entire case because that judge is intimately familiar with the facts of the case, has observed the parties and their demeanors and perhaps has made credibility…