Domestic Violence

New Jersey Appellate Division Allows Consideration of Violation of Civil Restraints When Considering New Claims of Domestic Violence

March 28, 2014 | James P. Yudes, Esq.

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 criminal consequences to an abuser who violates a final domestic violence restraining order. Sometimes, the practicalities of trying to resolve complex litigations as well as the need to co-parent minor children lead to the dismissal of a Temporary or Final Domestic Violence Restraining Order and the protections of the DVA for the less pervasive protections of an ordinary civil order or judgment. Continue reading ›

Is There a Right to Counsel in Domestic Violence Cases? New Jersey Supreme Court Says ‘No’

January 24, 2014 | Daniel A. Burton, Esq.

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). Continue reading ›

Further Protection of a Domestic Violence Victim’s Unborn Child in New Jersey

December 19, 2013 | Daniel A. Burton, Esq.

Way back in May of this year, I wrote the initial post for this blog concerning the protection of an unborn child of the victim of domestic violence based upon the published decision, B.C. v. T.G., penned by the Honorable Lawrence R. Jones, J.S.C., from the Chancery Division – Family Part in Ocean County. In June of this year, the Legislature introduced a bill, A-4244, which sought to codify the protection afforded to the unborn child of a domestic violence victim by Judge Jones’ published decision. Continue reading ›

A Domestic Violence Registry: Solution or Slippery Slope?

December 6, 2013 | Kevin M. Mazza, Esq.

First let me state clearly and unequivocally that domestic violence is a serious problem in today’s society. Rarely a day goes by without reading or hearing news reports of someone being abused, injured or even killed by their spouse, cohabitant, another family member or even a dating partner. Continue reading ›

Domestic Violence in New Jersey – Protection of the Unborn Child of the Victim

May 23, 2013 | Daniel A. Burton, Esq.

As both the Legislature and Judiciary of the State of New Jersey have declared, domestic violence is both a serious and pervasive issue present in this State. Continue reading ›