Articles Tagged with civil restraints

Domestic Violence Complainants in New Jersey May Testify About Allegations in a Prior Domestic Violence Complaint That Had Been Voluntarily Dismissed

October 16, 2017 | The Law Office of James P. Yudes, P.C.

It is not unusual to question whether a litigant seeking a final domestic violence restraining order is permitted to testify about a prior domestic violence restraining order that was dismissed when outlining a couple’s prior history of domestic violence for a court. In M.D. v. P.D.(A-2054-15T, October 13, 2017), an unpublished opinion decided this week, the Appellate Division upheld the trial court’s decision to allow the plaintiff to testify about the acts of domestic violence that were in a previous domestic violence complaint that had been voluntarily dismissed when the parties entered into a consent order agreeing to impose civil restraints against the defendant. Continue reading ›

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 ›