I previously blogged about the ever expanding definition of “household member” as it relates to who can meet the definition to be considered a “victim” under the Prevention of Domestic Violence Act” (PVDA) in order to obtain a restraining order. New Jersey courts have continued to expand the circumstances in…
Life has taken an unexpected left turn over the course of the last few weeks. Many have become unemployed Those lucky enough to be working may have received a cut in pay or be working reduced hours. Apart from the financial impact of the current pandemic there are social losses…
In my last blog post I noted that, effective September 1, 2019, a number of Court Rules directly impacting upon Family Part practice had been amended. In this blog post, I will continue this discussion, summarizing some additional court rule amendments, including those which were in response to, or in…
In E.S. v. C.D., FV-02-00194-19 (Ch.Div. 2018), the family court deal with the question of whether Plaintiff was entitled to protection under the Prevention of Domestic Violence Act (“PDVA”), given the economic relationship between the Defendant, who was employed in Plaintiff’s household as a live-in nanny. The Defendant had been…
In the published opinion in the matter of T.M. v. R.M.W., FV-15-0506-18, the Family Court in Ocean County addressed a domestic violence case that included some interesting facts and issues of first impression. In 2017, the plaintiff filed a domestic violence complaint against the defendant based on allegations of harassment and simple…
Mass shootings in schools, colleges, movie theaters, churches, concerts and other public spaces have been in the news regularly, leading to disputes over gun control and issues involving the Second Amendment also in the news, while politicians grapple with how to respond. It is interesting that after a mass shooting, when…
Most people would be shocked to find out that an individual who obtains a final restraining order against their spouse could be ordered to pay alimony to support his/her abuser. The Prevention of Domestic Violence Act (“Act”) specifically states that victims of domestic violence are entitled to financial support from…
On January 17, 2018, the New Jersey Appellate Division decided the case of G.M. v. C.V. (A4820-15). The case involved the appeal of a May 6, 2016 order that denied the defendant’s request to vacate a final restraining order (FRO) entered in 2004. The reason for the denial that Trial…
In the case of M.C. v. G.T., A-4781-15, decided and approved for publication by the Appellate Division on January 2, 2018, the Appellate Division addressed essentially the equitable authority of a family court judge to enter a restraining order without there being a finding of domestic violence. Monica and George had…
On November 8, 2017, the New Jersey Appellate Division issued the unpublished opinion in the domestic violence case of J.R. v. C.R. (A-4936-15) affirming the issuance of a final restraining order (FRO) entered against J.R. who was in a dating relationship with C.R. Here, C.R. obtained a temporary restraining order (TRO) on…