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Articles Posted in Domestic Violence

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“HAPPY VALENTINES DAY!”: IS THIS A CRIME?

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…

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New Jersey Court Further Expands Definition of Household Member to Exercise Jurisdiction Under Domestic Violence Statute

I previously blogged about the ever expanding definition of “household member” as it relates to  who can meet the definition to be considered a “victim” under the Prevention of Domestic Violence Act” (PVDA) in order to obtain a restraining order.   New Jersey courts have continued to expand the circumstances in…

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Domestic Violence During the Coronavirus Pandemic

Life has taken an unexpected left turn over the course of the last few weeks. Many have become unemployed  Those lucky enough to be working may have received a cut in pay or be working reduced hours. Apart from the financial impact of the current pandemic there are social losses…

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NEW JERSEY FAMILY PART COURT RULE AMENDMENTS – 2019 (PART II)

In my last blog post I noted that, effective September 1, 2019, a number of Court Rules directly impacting upon Family Part practice had been amended. In this blog post, I will continue this discussion, summarizing some additional court rule amendments, including those which were in response to, or in…

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Live-in Nannies Qualify as a “Household Member” Under the Prevention of Domestic Violence Act

In E.S. v. C.D., FV-02-00194-19 (Ch.Div. 2018),  the family court deal with the question of whether Plaintiff was entitled to protection under the Prevention of Domestic Violence Act (“PDVA”), given the economic relationship between the Defendant, who was employed in Plaintiff’s household as a live-in nanny. The Defendant had been…

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New Jersey Court Addresses Whether a Plaintiff in a Non-Dating Sexual Relationship Can be Considered a Victim of Domestic Violence

In the published opinion in the matter of T.M. v. R.M.W., FV-15-0506-18, the Family Court in Ocean County addressed a domestic violence case that included some interesting facts and issues of first impression. In 2017, the plaintiff filed a domestic violence complaint against the defendant based on allegations of harassment and simple…

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Are States Like New Jersey Enacting Gun Laws in Recognition of the Correlation of Gun Violence and Domestic Violence?

Mass shootings in schools, colleges, movie theaters, churches, concerts and other public spaces have been in the news regularly, leading to disputes over gun control and issues involving the Second Amendment also in the news, while politicians grapple with how to respond.   It is interesting that after a mass shooting, when…

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The Right to Keep and Bear Arms is not Absolute in New Jersey and in the United States of America

The tragic and senseless massacre that unfolded this past Valentine’s Day at Marjory Stoneman Douglas High School in Parkland Florida has left a grieving Nation searching for answers. Much of the debate focuses on the Second Amendment to the United States Constitution which states: “A well regulated Militia, being necessary to the security of a free…

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Could a Victim of Domestic Violence Be Required to Pay Alimony to the Abusive Spouse?

Most people would be shocked to find out that an individual who obtains a final restraining order against their spouse could be ordered to pay alimony to support his/her abuser. The Prevention of Domestic Violence Act (“Act”) specifically states that victims of domestic violence are entitled to financial support from…

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The Case of the Missing Domestic Violence Trial Transcript

On January 17, 2018, the New Jersey Appellate Division decided the case of G.M. v. C.V. (A4820-15). The case involved the appeal of a May 6, 2016 order that denied the defendant’s request to vacate a final restraining order (FRO) entered in 2004. The reason for the denial that Trial…

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