In 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
Silver v. Silver
Statutes and Subsequent Qualification by the Supreme Court – They Both Matter.
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.
New Jersey Appellate Division Issues Decision Clarifying Second Prong of Silver Test
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
Repeated Trespass Considered Act of Domestic Violence
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