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?
Going back more than three decades, there are Appellate Division cases that offer caution about the abuse of the domestic violence statute to get a leg up in an impending
Continue Reading Courts Should Not Issue FROs To Address Parenting IssueIn 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.
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
The decision of Tinfow v. Tinfow, is an appeal from a post-judgment, final restraining order, against Mr. Tinfow for entering the marital home without prior written authorization from Mrs.
Continue Reading Repeated Trespass Considered Act of Domestic Violence