It happens in family and matrimonial disputes that litigants are investigated by the Department of Children and Families, which investigate claims of child abuse and neglect. In a recently published decision in S.C. v. New Jersey Department of Children and Families, the Supreme Court of New Jersey addressed whether findings…
Articles Posted in due process
New Jersey Appellate Division Critical of Eve of Trial Use of In Limine Motions to Seek Summary Judgment Dismissal
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…
The Scheduling of New Jersey Domestic Violence Trials and the Importance of Punctuality
This past week the New Jersey Appellate Division issued an unpublished opinion in the case of V.J.C vs. M.V. (docket no.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,…
Appellate Division Reverses Trial Court’s Decision to Dismiss and Then Reinstate A Final Domestic Violence Restraining Order
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…
New Jersey Examines Use of Social Media to Acquire Personal Jurisdiction Over Out of State Defendant
This week the Honorable Stephen Hansbury, P.J. Ch. published a Superior Court opinion that demonstrates how technology and social media is changing the legal landscape and creating new challenges and solutions. In the published opinion in KA v. JL, in which Judge Hansbury addressed a cause of action that…
New Jersey Appellate Division Addresses the Due Process Rights of Mother Faced with an “Established” Finding of Child Abuse or Neglect Without an Evidentiary Hearing
On February 1, 2017, the New Jersey Appellate Division published its opinion in the case of New Jersey Division of Child Protection and Permanency v. V.E., A-0586-15T4 — A.3d —- (2017). V.E. is the mother of R.S. now age nine. V.E. appealed an administrative finding of the New Jersey Division…
Are Youth Suffering From Substance Abuse Issues Being Denied Equal Protection Based on Current Laws on Emancipation?
New Jersey has since the Divorce Reform Act of 1971 stood in the forefront in developing the law as it relates to Marriage and Divorce. We have over the years defined the law, and the Nation has followed and adopted some of our theories as to the distribution of property and…