Articles Tagged with 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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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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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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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 ›

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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 in the matter of  State v. H.L.M.,  which addressed the extent to which a court’s limit on the subject matter of a litigant’s online blogging was an infringement on her Constitutional Right to free speech.  Continue reading ›

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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 ›

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file0001434370573Back 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 ›