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Articles Posted in Evidence

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How a New Jersey Family Court Judge Handles a Domestic Violence Case Filed in Close Proximity to Another Family Action

The time period in the lead up to and immediately after a couple separates is more likely than not rife with conflict. Unfortunately, the conflicts, whether verbal and/or physical, can rise to the level of abuse that is tantamount to domestic violence. Recently, a New Jersey family court in Ocean County…

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New Jersey Supreme Court Addresses Warrantless Searches and Seizures of Evidence in Domestic Violence Cases

It is well cited the significant extent that domestic violence is in this State and in this country.  It has also been in the news over the course of the last year or more the danger that police officers and the need for them to protect themselves on the job.…

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MATRIMONIAL P.I.: Practical Considerations in the Use of Private Investigators in Matrimonial Matters

When you mention Private Investigators in the context of a matrimonial dispute, most people think of what is portrayed in movies or in television of a gumshoe Detective tailing a car or hiding in the bushes, trying to get the goods on a suspected cheating spouse. While hiring a private…

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The Panama Papers and the Identification of Potentially Hidden Assets in a New Jersey Divorce

The news agency CNN Money recently published an article entitled “Panama Papers: How the rich try to hide assets from their exes.”  (http://money.cnn.com/2016/04/07/news/panama-papers-divorce/) The “Panama Papers” refer to hacked files from an international law firm based in Panama called Mossack Fonseca.  Those hacked files were analyzed by the press and…

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Revisiting the Application to Dissolve or Modify a Final Restraining Order

In a prior post, I took a look at the process necessary to seek the dissolution or modification of a Final Restraining Order (FRO), specifically taking into consideration the Carfagno factors that have since been adopted by the Appellate Division as a non-exhaustive list of factors for the Court to…

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New Jersey Family Court Judge Expresses Methods for Use of Electronic Evidence Contained on Cell Phones or Electronic Devices at Trial

For those of you that have attended Mr. Yudes’ annual ICLE seminar: Family Law Update and/or those of you that have paid close attention to newly published trial court decisions over the past three (3) years will not be surprised to find that the Honorable Lawrence R. Jones, J.S.C., a Superior Court…

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The New Jersey Supreme Court Enacts Rule 5:1-5 to Further Codify Procedures Regarding the Arbitration of Pre and Post-Judgment Divorce Matters

More and more litigants today are agreeing to arbitrate matters outside of the public sphere of the courthouse and hire a private arbitrator to resolve their dispute in lieu of a judge in the court doing so.  In the context of a business  or contract dispute, the aggrieved parties might…

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Supreme Court of New Jersey Adds New Rule of Evidence: Mental Health Service Provider-Patient Privilege

During a custody dispute over children, if the parties cannot reach an agreement between themselves as to the custody and parenting time arrangement that serves the best interest of the child(ren) at issue, the Court will then be called upon to make that determination for them. The Court is required…

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