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 In the recent unpublished decision, the Court reaffirms that both litigants and attorneys cannot stray away from
Sofia Ucles
The Best Interests of the Child Remains the Focus of Name Change Applications
By Sofia Ucles on
In Z.A. v. R.V., Jr., an unpublished Appellate Division case, meaning not precedential, the Appellate Division ruled that the best interests of the child governs a surname change. This rationale falls squarely with the court’s previous cases that a child’s name change must be evaluated under the best interest standard. Emma v. Evans,…
For Custody Jurisdiction, The Facts, Not Agreements, Matter More
By Sofia Ucles on
In Orr v. Johnson, an unpublished decision (meaning not precedential), the Appellate Division reviewed a jurisdictional issue between two parents – one living in New Jersey and one living in Virginia – and whether the written agreement between them was conclusive of jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act (“UCCJEA”). Because the…
The Modern Family Now Falls Under The Scope Of The Domestic Violence Act In New Jersey
By Sofia Ucles on
Posted in Domestic Violence, Practice Issues
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. …