Flying a drone over a spouse’s home and remotely accessing and locking her out of her computer was found to be harassment warranting a domestic violence Final Restraining Order.
Making False Allegations To The Police Found To Be Harassment and Coercive Control Warranting a Final Restraining Order
False reports to the police alleging a violation of a final restraining order considered harassment and coercive control warranting a FRO.
Continue Reading Making False Allegations To The Police Found To Be Harassment and Coercive Control Warranting a Final Restraining Order
Can a Trial Judge Grant a Final Restraining Order by Randomly Relying on Battered Woman Syndrome?
Very often, victims or purported victims of domestic violence hear about the concept of the cycle of domestic violence. Also, it is not uncommon for victims of domestic violence not
Continue Reading Can a Trial Judge Grant a Final Restraining Order by Randomly Relying on Battered Woman Syndrome?
Can Prior Acts Previously Adjudicated to Not Amount to Domestic Violence Be Raised in a Future Domestic Violence Proceeding?
Prior acts which have been adjudicated not to be domestic violence cannot be raised in future domestic violence proceedings
Continue Reading Can Prior Acts Previously Adjudicated to Not Amount to Domestic Violence Be Raised in a Future Domestic Violence Proceeding?
Court Can’t Decide Mid-Trial Motions to Dismiss in DV Cases Based on Credibility
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
Yes, The Fifth Amendment Does Apply to Domestic Violence Proceedings
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
Can a Bad Social Media Post Lead to a Final Restraining Order?
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?
A Big Win for Get Advocates as Appellate Division Rules that Publicizing Get Refusal Protected by First Amendment
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
Vindictive Report to DCPP Can Constitute Harassment Under the Domestic Violence Statute
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
Off-the-Record Comments & the Right to an Impartial Final Restraining Order Hearing
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