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
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?
In what has been touted as a monumental victory for Agunot in New Jersey, yesterday, the Appellate Division released a decision stating that a video publicizing a husband’s Get refusal
Continue Reading A Big Win for Get Advocates as Appellate Division Rules that Publicizing Get Refusal Protected by First Amendment
It should come as no surprise that after the end of a relationship, people sometimes do bad things to the former love of their life. Really, it’s a tale as
Continue Reading Vindictive Report to DCPP Can Constitute Harassment Under the Domestic Violence Statute
What a judge says before, during or after a hearing “off-the-record” likely sheds light on the Court’s decision making process including, but not limited to, what evidence was considered and
Continue Reading Off-the-Record Comments & the Right to an Impartial Final Restraining Order Hearing
Seems pretty obvious that if a court is going to explain the ramifications of the right to have counsel in a domestic violence matter and the ramifications of the entry
Continue Reading Right to Counsel and Notice of Consequences of a Domestic Violence Finding is Required Before – Not After- the Finding
Typically, general prohibitory language within a Temporary Restraining Order (“TRO”) states that a Defendant is “prohibited from having any oral, written, personal, electronic, or other form of contact or communication
Continue Reading Contempt & Communications Initiated Prior to Entry and Service of Restraining Orders
Victims of abuse have many reasons for not reporting prior acts of domestic violence – either to friends, family, co-workers, etc. or the police. Logically, the failure to report does
Continue Reading A Victim of Domestic Violence Need Not Have Disclosed the Abuse to Another to Establish a Predicate Act of Domestic Violence
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
Continue Reading The Appellate Division Reaffirms the Basic Tenets of Who You Can Get a Final Restraining Order Against