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…
Articles Posted in domestic violence
Final Restraining Orders – When Final Does Not Equate to Permanent
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…
Do Domestic Violence Victims Need Protection Under a Federal Civil Rights Statute?
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…
To Serve or Not To Serve (A Divorce Complaint)
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”…
Contempt Proceedings – Consequences of Violating a Restraining Order…
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…
New Jersey High School Senior Who Sued Her Parents for Child Support and College Expenses files Domestic Violence Complaint Against Her Boyfriend: How Do New Jersey Courts Define a Dating Relationship?
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…
AVOIDING DIVORCE WARS – SHOULD SOME SORT OF NON-DOMESTIC VIOLENCE RESTRAINING ORDERS BE REVISITED?
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…
Social Media in the Law: What You Say (or Post) Can Be Used Against You
With the proliferation of ways to communicate via social media, such as Facebook, Twitter, Instagram, Youtube and blogging sites, it has become more common in legal settings for such postings to be used as evidence in court. Mainstream media outlets have been reporting recently about an unpublished May, 2014 Appellate Division decision…
New Jersey Appellate Division Allows Consideration of Violation of Civil Restraints When Considering New Claims of Domestic Violence
New Jersey’s Prevention of Domestic Violence Act (DVA) was designed to protect victims of serious domestic disputes from the dangers inherent in continued contact with a domestic abuser. Toward that end, the DVA envisions a Final Restraining Order that protects the victim from most contact with the abuser, and imposes…
Is There a Right to Counsel in Domestic Violence Cases? New Jersey Supreme Court Says ‘No’
Back on January 24, 2013, exactly one year ago today, the Appellate Division delivered a published opinion with regard to the issue of an indigent defendant’s right to counsel, or lack thereof, in a domestic violence setting. D.N. v K.M., 429 N.J. Super. 592 (App. Div. 2013). Nearly one (1) full year after the…