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…
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…
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…
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…
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…
The 18th century educational writer, W.E. Hickson, is credited with popularizing the proverb: “’Tis a lesson you should heed: Try, try, try again. If at first you don’t succeed, Try, try, try again.” On June 10, 2016 the New Jersey Appellate Division decided the case of KL-v-DL, in which after nearly three…
Generally, the concept that in domestic violence matters the concept that a defendant could defend oneself by asserting that their violence towards the plaintiff was deserved or provoked in some way is an abhorrent concept, and would likely not be a successful argument in defending against against an accusation of…
For those of you that have attended Mr. Yudes’ annual ICLE seminar: Family Law Update and/or those of you that have paid close attention to newly published trial court decisions over the past three (3) years will not be surprised to find that the Honorable Lawrence R. Jones, J.S.C., a Superior Court…
Last week, we wrote a blog post discussing the New Jersey Supreme Court’s recent enactment of Rule 5:1-5 which sets forth standards and procedures governing the arbitration of divorce matters. The Supreme Court codified recent case law which had addressed questions arising over the parties’ use of the arbitration process…
Our Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et. seq., is designed to afford victims of domestic violence comprehensive protections. Although the fundamental goal of our domestic violence statute is to protect victims, there are certain penalties and loss of freedoms that the perpetrator faces in the process. One of the most compelling…