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
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
Continue Reading The Modern Family Now Falls Under The Scope Of The Domestic Violence Act In New Jersey
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.
Continue Reading New Jersey Appellate Division Examines the Meaning of “Dating Relationship” in Domestic Violence Cases.
In the recent unpublished decision of L.G. v. T.G..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
Continue Reading Tracking Your Spouse Can Result in a Final Restraining Order Even When You Ask Your Dad for Help
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
Continue Reading Durational Limits of Protective Orders Under the Sexual Assault Survivor Protection Act
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
Continue Reading Non-Traditional Relationships and Consent as a Defense to Domestic Violence