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 CredibilityIn January 2020, the Appellate Division considered an important question: how should a judge assess a party’s request to appear at a trial and present testimony by way of video
Continue Reading Remote Proceedings: Zooming Past Litigants’ Due Process Rights By: Arrianna T. Diamantis
In a recent decision, E.H. v. K.H., the Appellate Division made clear that a finding of harassment in connection with the entry of a domestic violence restraining order must
Continue Reading Statutes and Subsequent Qualification by the Supreme Court – They Both Matter.
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.
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
Continue Reading New Jersey Appellate Division Issues Decision Clarifying Second Prong of Silver Test
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
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