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
Carfagno Motions
New Appellate Division Decision Outlines Procedures for Reconstructing the Record in DV Cases
By Jessica C. Diamond on
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…
Sua Sponte Reinstatement Of Dismissed Final Restraining Order Violates Due Process, Appellate Division Says
By Eliana Baer on
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…