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
Continue Reading Sua Sponte Reinstatement Of Dismissed Final Restraining Order Violates Due Process, Appellate Division Says
Domestic Violence
New Jersey Appellate Division Issues Decision Clarifying Second Prong of Silver Test
By Jessica Diamond Lia on
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…
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The Interplay Between Personal Firearm Forfeiture and Domestic Violence Proceedings Gets Some Clarification from the NJ Supreme Court
By Jessica Diamond Lia on
Recently, the New Jersey Supreme Court provided some important clarification with regard to the issue of firearm forfeiture in the wake of an arrest and firearm seizure pursuant to the…
Continue Reading The Interplay Between Personal Firearm Forfeiture and Domestic Violence Proceedings Gets Some Clarification from the NJ Supreme Court
Filling in the Gaps: The Addition of “Criminal Coercion” as a Predicate Act Under the NJ Prevention of Domestic Violence Act
By Jessica Diamond Lia on
In August 2015, the New Jersey Legislature formally amended the Prevention Against Domestic Violence Act (N.J.S.A. 2C:25-19(a)) to include the predicate act of criminal coercion as a fifteenth form…
Financial Abuse: The Invisible Wounds of Domestic Violence
By Fox Rothschild LLP on
When most people hear the horrific phrase “domestic violence”, they think only of the physical abuse or threats of physical abuse inflicted upon another; however, financial or economic abuse exists…
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One Family, One Judge? Perhaps Not in the Context of an Act of Domestic Violence
By Eliana Baer on
We’ve all heard the maxim “One Family, One Judge” in the context of matrimonial matters. The underlying premise is that one judge in the Family Part should hear the entire…
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Proper Admission of Cell Phone Evidence: Judge Jones Weighs In
By Eliana Baer on
Accordingly to a Pew Internet Project research study, as of 2014:
- 90% of American adults own a cell phone
- 32% of American adults own an e-reader
- 42% of American adults
…
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Destruction of Jointly-Owned Property Constitutes Predicate Act of Criminal Mischief; But What is "Jointly-Owned Property"?
By Fox Rothschild LLP on
On September 9, 2015, the Appellate Division determined in a reported (precedential) decision, N.T.B. v. D.D.B. (A-4542-13T2), that a spouse’s destruction of a door within the couple’s jointly-owned marital home…
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The Presumption of Custody in a Domestic Violence Case Is Not Determinative in a Custody Case
By Eric S. Solotoff on
In the domestic violence statute, there is a presumption that the abused should get custody. In the custody statute, the prior history of domestic violence is simply one of the…
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Domestic Violence Statutes: Misapplication and Overuse Abound?
By Eliana Baer on
In 2009, Eric Solotoff did a blog post on the Abuse and Misuse of the Domestic Violence Statute. Recently, I too have seen a rash of reversals in the…
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