I have previously written articles specifically relating to domestic violence and contempt proceedings, including my most recent post from March 18, 2015 – Final Restraining Orders: When Final Does Not Equate to Permanent. The Appellate Division recently handed down a published decision that further examines domestic violence in the context…
My colleagues and I have previously written on the topic of Domestic Violence, Temporary Restraining Orders (TRO), and Final Rrestraining Orders (FRO). Specifically, I have previously written on the subject matter of contempt proceedings where the Defendant in a domestic violence action can be held in contempt for violation of…
Several blog posts have been written here by my colleagues with regard to the subject of domestic violence and the application of New Jersey’s Prevention of Domestic Violence Act to protect victims of domestic violence in New Jersey. There are, however, other laws that attempt to protect victims of domestic…
In a recent published decision from the Appellate Division, L.T. v. F.M., the Court differentiated between the standards of proof associated with an domestic violence action in the Family Part and a civil action in the Law Division. The primary issue presented and resolved in this decision was the issue…
Prolific jurist, Honorable Lawrence R. Jones, J.S.C. in the family part in Ocean County, New Jersey, issued another published decision in the matter of J.C. v. M.C., decided on November 6, 2014. This time, Judge Jones addressed the obligation of a plaintiff seeking a divorce to make a “diligent inquiry”…
Months ago when NFL running back Ray Rice was accused of domestic abuse and a video surfaced purportedly showing him dragging his then fiancee unconscious from an Atlantic City casino elevator, it was the prevailing view of most that Mr. Rice had knocked her out during some sort of altercation…
The attorneys in this office, including myself, have written various blog posts concerning domestic violence, restraining orders, and the like. However, no time has been dedicated to the aftermath of restraining orders and the possible consequences associated with violating a restraining order, whether intentionally or unintentionally. As most people know, the…
The news board lit-up this week with the story of Rachel Canning, age 18, the teenager who earlier this year sued her parents for child support and college expenses, filing a domestic violence complaint and obtaining a temporary restraining order against her 18 year old boyfriend, the boy whom her parents wanted her to…
On July 28, 2014, the New Jersey Appellate Division approved for publication the case of R.K. v. F.K. (Docket No. A-4165-11T4), which further clarified the issue of how courts in New Jersey are to determine applications to modify existing custody and parenting time arrangements. In August, 2007 the wife obtained a temporary…
Legislation has recently been introduced in the New Jersey Legislature that would allow for the issuance of Restraining Orders in Non-Domestic Violence situations. While its passage and/or application to family law matters is problematic, this led me to think about a question frequently posed by many of my divorce clients…