When a party in New Jersey successfully obtains a domestic violence Final Restraining Order, they are entitled to counsel fees as part of the damages. However, parties are not typically entitled to counsel fees for successfully defending against domestic violence unless the cross-complaint was frivolous, retaliatory or made in bad faith. However, too often, cross complaints are frivolous, retaliatory or made in bad faith.
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?
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?
One of the universal themes in divorce matters is that the court is supposed to try to maintain the status quo while the case is pending. In many cases where
Continue Reading Apples to Oranges – Pendente Lite Support vs. Support After Trial
I started reading C.G. v. D.W., an unreported (non-precedential) Appellate Division case released on March 1, 2024, sucked in by the opening sentence about the court’s denial of an intra-state
Continue Reading Custody Decision Vacated Over Failure to Interview 10 Year Old To Find Out His Preference
The concept that a child’s disability can delay or prevent emancipation is not a new one. In fact, it has been part of the decisional law for decades. Moreover, the
Continue Reading A Child’s Disability Can Prevent Emancipation
Almost like King Solomon suggesting that a child be cut in two so that each parent can have half, more and more, I am hearing about judges and custody evaluators
Continue Reading When it Comes to Shared Parenting, Shouldn’t the Ability to Co-Parent be Paramount?
From the earliest days of this blog in 2008, one of my frequent topics has been the use of parent coordinators. Originally, there was a Pilot Program instituted by
Continue Reading New Court Rule for Parent Coordinators Coming September 1st
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
One of the first options to consider when you start your divorce is whether you want to proceed through litigation, mediation, or arbitration.
In general, at the outset of a
Continue Reading Be Prepared for Your Divorce Series: Part III – Litigation, Mediation, or Arbitration?