Articles Posted in Domestic Violence

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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 of contempt proceedings being held against a Defendant in State v. D.G.M., which was decided on March 20, 2015.  Continue reading ›

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file00030973702My 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 either a TRO or FRO.  Continue reading ›

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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 violence.  For instance, in certain instances, not only may a domestic violence restraining order be obtained under the Prevention of Domestic Violence Act, but there are criminal laws in place that protect victims from violent activity such as assault, terroristic threats, harassment, et cetera.   What about federal protections? Continue reading ›

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OLYMPUS DIGITAL CAMERAIn 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 of whether the defendant was collaterally estopped from arguing in the Law Division action that he did not assault the plaintiff after the plaintiff successfully obtained a Final Restraining Order in the domestic violence action in the family court.  Continue reading ›

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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” as to the defendant’s whereabouts in order to serve a complaint for divorce when there is an active domestic violence restraining order against the plaintiff. Judge Jones’ decision gave priority to the right of a domestic violence victim to confidentiality of his or her location. Continue reading ›

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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 on that elevator. Indeed, Mr. Rice was charged with aggravated assault as a result of this incident. Continue reading ›

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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 purpose of a restraining order is to avoid future communication or contact between the parties.  Therefore, any communication or contact thereafter, while a restraining order remains active, is considered a contempt of that restraining order. Continue reading ›

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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 stop seeing.  (http://www.dailyrecord.com/story/news/local/2014/07/22/teen-sued-parents-gets-restraining-order-boyfriend/12984967/)  Continue reading ›

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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 restraining order (TRO) against her husband, citing harassment. The parties had been married since 2001 and had three young children together.  That month, the family court issued a Final Restraining Order (FRO) and gave the wife temporary custody of the children.  The husband was ordered to attend anger management classes, and he was given parenting time on Wednesdays, Saturdays and Sundays.  Continue reading ›

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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 – short of someone being found guilty of committing an act of Domestic Violence, “Is there any way of forcing my (bleep) spouse out of the marital residence until such time we are divorced?”. Most of the time my answer would be, “Unfortunately, no” . Would this proposed legislation change that answer, or is it time for the courts to revisit how they address these situations? Continue reading ›