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 In the recent unpublished decision, the Court reaffirms that both litigants and attorneys cannot stray away from
The Modern Family Now Falls Under The Scope Of The Domestic Violence Act In New Jersey
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.
New Jersey Appellate Division Examines the Meaning of “Dating Relationship” in Domestic Violence Cases.
I have written about the requirements of obtaining a domestic violence final restraining order (“FRO”) under the New Jersey Prevention Against Domestic Violence Act (“the Act”) previously on this blog. One of the three main criteria the Court must look at when determining whether to grant a final restraining order in such cases is the
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In the recent unpublished decision of L.G. v. T.G..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
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
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
New Jersey Appellate Division Issues Decision Clarifying Second Prong of Silver Test
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,