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
In November of 2023, I did a post on this blog titled The Intersection of Family Law, Estate Law and Federal Law, regarding the reported Appellate Division case In
Continue Reading More on the Intersection of Family Law, Estate Law and Federal Law
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
Court’s cannot adopt an court appointed expert’s report without affording the parties discovery and the ability to cross examine the expert
Continue Reading No, Courts Cannot Just Adopt A Court Appointed Expert’s Opinion Without a Cross Examination
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
When parenting time changes from 50-50 to no overnights, that is a change of circumstances.
Continue Reading I Guess Going From 50-50 to No Overnights for 19 Months Is a Change of Circumstances
Alienation leads to sole legal and residential custody
Continue Reading A Court Actually Found Alienation and Did Something About It – How Novel
Earlier this month, I wrote a blog called Court’s Should Not Issue FROs to Address Parenting Issues. That blogged addressed a case where the trial court entered a Final Restraining
Continue Reading Court’s Should Not Issue FROs Because They Think a Party is a Bad Parent or Deadbeat Dad
It is not uncommon for grandparents or other family members to get custody of other family members when the children’s parents have issues preventing them from caring for their children
Continue Reading Do Parents have to Consent to Relatives Becoming Psychological Parents?