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Articles Posted in Domestic Violence

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Good Friday Reflections on Family Law and New Beginnings

On Friday, billions of people around the world observed the Christian Holy Day of Good Friday. It marks the day that the Trial of Jesus of Nazareth occurred and when he was sentenced to death for failing to deny that he believed himself to be the Son of God. Christians believe…

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New Jersey Appellate Division Addresses Whether to Issue Final Domestic Violence Restraining Order in Dispute Between Siblings

On March 14, 2017, the Appellate Division issued a published opinion in the matter of R.G. v. R.G. (A-0945-15T3)  in which the Appellate Division addressed the applicability of New Jersey’s Prevention of Domestic Violence Act to protect a man seeking a domestic violence retraining order against his brother. The men in…

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Digital Healthcare Records: Should Kinsella Hit the Refresh Button?

I recently attended a seminar where the topic concerned the obtaining, analysis and use of medical records. While the main focus was how medical records were dealt with in civil litigation matters such as medical malpractice and personal injury cases, it was clear that a number of the issues discussed…

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The Violence Against Women Act and Remedies to Undocumented Immigrants Victimized by Domestic Violence

The Violence Against Women Act (VAWA), 42 U.S.C. § 13701 et seq., is a United States federal law that was originally passed in 1994 and was reauthorized in 2013 in which the spouses and children and parents of United States citizens or lawful permanent residents may self-petition to obtain lawful permanent residency in…

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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…

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New Jersey Appellate Division Determines That Litigants Cannot Negotiate Agreement for a Final Domestic Violence Restraining Order

The Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35,  is a powerful tool designed to protect domestic victims from violence and degradation experienced at the hands of an abusive OLYMPUS DIGITAL CAMERA partner. Before the Domestic Violence Act, it was difficult to remove abusive co-habitants from residences or to protect victims…

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New Jersey Supreme Court Addresses Warrantless Searches and Seizures of Evidence in Domestic Violence Cases

It is well cited the significant extent that domestic violence is in this State and in this country.  It has also been in the news over the course of the last year or more the danger that police officers and the need for them to protect themselves on the job.…

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Avoid Marital Strife and Potential Domestic Violence Over Election Disagreements at the Thanksgiving Table This Year

This is the year of miracles or nightmares depending on your perception of the world.  The Cubs won the World Series, England voted to exit the European Union and Donald Trump was elected President.  In America there might be some heavy debate over the Cubs, less over England, but Trump! Trump and the…

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New Jersey Appellate Division Further Clarifies Standard for Issuing Domestic Violence Restraining Orders

In a recently published decision by New Jersey’s Appellate Division in the matter of  AMC v. PB,  the appellate court overturned a trial court decision which denied a petitioner’s request for a Final Restraining Order (FRO). The trial judge found that a FRO was not necessary because the Plaintiff had…

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Domestic Violence Updated: Cyber Crimes and Other Proposed Changes

In February, 2015, Chief Justice Rabner convened a Supreme Court Ad Hoc Committee on Domestic Violence. Whether given that 24 years had passed since the “Prevention of Domestic Violence Act,” (N.J.S.A. 2C:25-17 et. seq.) was enacted, or perhaps even in response to the public backlash and uproar over the handling…

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