In the case of M.C. v. G.T., A-4781-15, decided and approved for publication by the Appellate Division on January 2, 2018, the Appellate Division addressed essentially the equitable authority of a family court judge to enter a restraining order without there being a finding of domestic violence. Monica and George had…
On November 8, 2017, the New Jersey Appellate Division issued the unpublished opinion in the domestic violence case of J.R. v. C.R. (A-4936-15) affirming the issuance of a final restraining order (FRO) entered against J.R. who was in a dating relationship with C.R. Here, C.R. obtained a temporary restraining order (TRO) on…
In my last blog post I noted that effective September 1, 2017 a number of Court Rules directly impacting upon Family Part practice had been approved by our Supreme Court. I summarized and discussed a number of those Amendments. In this blog post , I will summarize and discuss two…
It is not unusual to question whether a litigant seeking a final domestic violence restraining order is permitted to testify about a prior domestic violence restraining order that was dismissed when outlining a couple’s prior history of domestic violence for a court. In M.D. v. P.D.(A-2054-15T, October 13, 2017),…
On September 20, 2017 the New Jersey Appellate Division approved a domestic violence case for publication the matter of L.C. v. M.A.J. (A4933-15T2), in which the Appellate Division addressed the use of pre-trial in limine motions, which are pretrial motions commonly used to request the court to make legal determinations about evidence…
When one thinks of acts domestic violence usually physical and verbal abuse come to mind. However, actions that involve the destruction of the property of another are often overlooked. Destroying your significant other’s property falls under New Jersey statute, N.J.S.A. 2C:17-3(a)(1), which provides that an individual is guilty of criminal…
Approximately three years after the firestorm caused by the release of the elevator video showing star running back, Ray Rice, punching and knocking unconscious his then fiancé, the National Football League is once again in the headlines, this time for announcing that after its own investigation, the league was suspending…
This past week the New Jersey Appellate Division issued an unpublished opinion in the case of V.J.C vs. M.V. (docket no. A-4587-15T3). In this case the defendant appealed from a final restraining order (FRO) entered by the trial court in favor of plaintiff pursuant to the Prevention of Domestic Violence Act,…
OLYMPUS DIGITAL CAMERA Summer is the time for: sea breezes, mountain air, trips to the museums with the kids in tow, and . . . domestic violence. Statistically, domestic violence increases during summer months. This rise is probably because there are a number of holidays in the summer months, and people…
On June 5, 2017 the Appellate Division approved for publication its opinion in the matter of TMS-v-WCP, A-4900-15T2, which involves reinstatement of a final domestic violence restraining OLYMPUS DIGITAL CAMERA order. In 2006 Plaintiff obtained a temporary restraining order against the defendant. After defendant admitted to the act of domestic…