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Articles Posted in restraining order

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New Jersey Court Further Expands Definition of Household Member to Exercise Jurisdiction Under Domestic Violence Statute

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…

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Domestic Violence During the Coronavirus Pandemic

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…

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New Jersey Court Addresses Whether a Plaintiff in a Non-Dating Sexual Relationship Can be Considered a Victim of Domestic Violence

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…

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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This past week the New Jersey Appellate Division issued an unpublished opinion in the case of V.J.C vs. M.V. (docket no.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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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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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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New Jersey Appellate Division Further Clarifies Standard for Issuing Domestic Violence Restraining Orders

In a recently published decision by New Jersey’s Appellate Division in the matter of  AMC v. PB,  the appellate court overturned a trial court decision which denied a petitioner’s request for a Final Restraining Order (FRO). The trial judge found that a FRO was not necessary because the Plaintiff had…

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Contact and Communication: In the Domestic Violence Context

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…

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Final Restraining Orders – When Final Does Not Equate to Permanent

My 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…

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