Valentines Day. A day that couples celebrate their love. Sending flowers with a card to one’s significant other is a common way of expressing that love. And to not be disappointed, people are encouraged to order their flowers as soon as possible to assure delivery by Valentine’s Day. One does…
Articles Posted in Criminal Actions
The Division of Child Protection & Permanency v. YOU
I often get asked questions about the Division of Child Protection & Permanency, more commonly referred to by its old name, DYFS. Specializing in child abuse and welfare defense, it is not uncommon for both individuals and family law attorneys who do not specialize in this area to have questions…
New Jersey Appellate Division Addresses Whether a Family Court Judge May Infer That a Defendant Who Invokes the Right Against Self-Incrimination is Culpable in a Title IX Hearing
In this Appellate Division case entitled New Jersey Division of Child Protection and Permanency v. S.K., A-2734-15 (App.Div. August 31, 2018), the defendant argues the Family Part Judge improperly drew an adverse inference against him when he invoked his right against self-incrimination under the Fifth Amendment to the United States Constitution and…
How a New Jersey Family Court Judge Handles a Domestic Violence Case Filed in Close Proximity to Another Family Action
The time period in the lead up to and immediately after a couple separates is more likely than not rife with conflict. Unfortunately, the conflicts, whether verbal and/or physical, can rise to the level of abuse that is tantamount to domestic violence. Recently, a New Jersey family court in Ocean County…
Revisiting the Application to Dissolve or Modify a Final Restraining Order
In a prior post, I took a look at the process necessary to seek the dissolution or modification of a Final Restraining Order (FRO), specifically taking into consideration the Carfagno factors that have since been adopted by the Appellate Division as a non-exhaustive list of factors for the Court to…
Can Incarceration Qualify as a Change in Circumstance Warranting a Modification or Termination of Child Support?
In New Jersey, it is well established that both parties have an obligation to support their children financially. Accordingly, child support obligations are one of the primary issues dealt with when a marriage or relationship ends between people who have children, whether it be my consensual agreement or court order.…
Supreme Court of New Jersey Adds New Rule of Evidence: Mental Health Service Provider-Patient Privilege
During a custody dispute over children, if the parties cannot reach an agreement between themselves as to the custody and parenting time arrangement that serves the best interest of the child(ren) at issue, the Court will then be called upon to make that determination for them. The Court is required…
Pillow Talk — New Limits on Confidentiality
Most people are aware that communications between a lawyer and client are generally considered to be confidential or “privileged” and may not be disclosed to anyone without their consent. The same is true in regards to discussions between a physician or psychologist and his/her patient. However, most people are not…