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Articles Posted in domestic violence

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Family Part Court Rule Amendments – 2017 (Part II)

In my last blog post I noted that effective September 1, 2017 a number of Court Rules directly impacting upon Family Part practice had been approved by our Supreme Court. I summarized and discussed a number of those Amendments. In this blog post , I will summarize and discuss two…

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

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),…

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New Jersey Appellate Division Critical of Eve of Trial Use of In Limine Motions to Seek Summary Judgment Dismissal

On September 20, 2017 the New Jersey Appellate Division approved a domestic violence case for publication the matter of L.C. v. M.A.J. (A4933-15T2), in which the Appellate Division addressed the use of pre-trial in limine motions, which are pretrial motions commonly used to request the court to make legal determinations about evidence…

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Acts of Domestic Violence Beyond Physical Abuse: Criminal Mischief

When one thinks of acts domestic violence usually physical and verbal abuse come to mind. However, actions that involve the destruction of the property of another are often overlooked. Destroying your significant other’s property falls under New Jersey statute, N.J.S.A. 2C:17-3(a)(1), which provides that an individual is guilty of criminal…

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Domestic Violence: Even Accusations Have Consequences

Approximately three years after the firestorm caused by the release of the elevator video showing star running back, Ray Rice, punching and knocking unconscious his then fiancé, the National Football League is once again in the headlines, this time for announcing that after its own investigation, the league was suspending…

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The Scheduling of New Jersey Domestic Violence Trials and the Importance of Punctuality

This past week the New Jersey Appellate Division issued an unpublished opinion in the case of V.J.C vs. M.V. (docket no. A-4587-15T3).  In this case the defendant appealed from a final restraining order (FRO) entered by the trial court in favor of plaintiff pursuant to the Prevention of Domestic Violence Act,…

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Pointers About New Jersey’s Approach to Domestic Violence

OLYMPUS DIGITAL CAMERA Summer is the time for: sea breezes, mountain air, trips to the museums with the kids in tow, and . . . domestic violence.  Statistically, domestic violence increases during summer months.  This rise is probably because there are a number of holidays in the summer months, and people…

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Appellate Division Reverses Trial Court’s Decision to Dismiss and Then Reinstate A Final Domestic Violence Restraining Order

On June 5, 2017 the Appellate Division approved for publication its opinion in the matter of TMS-v-WCP, A-4900-15T2, which involves reinstatement of  a final domestic violence restraining OLYMPUS DIGITAL CAMERA order. In 2006 Plaintiff obtained a temporary restraining order against the defendant.  After defendant admitted to the act of domestic…

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Good Friday Reflections on Family Law and New Beginnings

On Friday, billions of people around the world observed the Christian Holy Day of Good Friday. It marks the day that the Trial of Jesus of Nazareth occurred and when he was sentenced to death for failing to deny that he believed himself to be the Son of God. Christians believe…

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New Jersey Appellate Division Addresses Whether to Issue Final Domestic Violence Restraining Order in Dispute Between Siblings

On March 14, 2017, the Appellate Division issued a published opinion in the matter of R.G. v. R.G. (A-0945-15T3)  in which the Appellate Division addressed the applicability of New Jersey’s Prevention of Domestic Violence Act to protect a man seeking a domestic violence retraining order against his brother. The men in…

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