Articles Posted in Evidence

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Domestic-violenceThe 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 Recently, a New Jersey family court in Ocean County issued an unpublished opinion is the case of AS-v-VS, FM-15-923-17, which is illustrative about how a family court judge handles a domestic violence complaint, especially in proximity to the filing of another family court matter. Continue reading ›

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It is well cited the significant extent that domestic violence is in this State and in this country.  It has alsoOfficer Holding Cell Phone 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.  How do we balance the need for officer protection, and the public interest in domestic violence victims, with citizens’ Constitutional rights? Continue reading ›

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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 investigator to determine whether a spouse may be engaged in an adulterous relationship remains a common reason to do so, there are a multitude of other reasons why the use of a private investigator can be an important tool for the client as well as the attorney in the preparation of a matrimonial case. This blog post will discuPrivate Investigatorss some of these circumstances, as well as some practical and legal considerations affecting the use of private investigators. Continue reading ›

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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/) T9-08-1he “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 later published in a report by the International Consortium of Investigative Journalists. The report’s findings have already lead to the resignation of the Prime Minister of Iceland, Sigmundur Gunnlaugsson, after it was revealed that he owned an offshore company with his wife but he had not declared it when he entered Parliament.   Continue reading ›

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file000388004075In 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 consider when one of these applications is made.  In a recent, albeit unpublished, decision, the Appellate Division revisits this issue and takes a closer look at what constitutes a prima facie case of good cause and changed circumstances warranting a plenary hearing on this issue.  That case, B.R. v. J.A., originated in Hudson County and has been reversed and remanded for a plenary hearing by the Appellate Division, without any discussion on the merits of the defendant’s application. Continue reading ›

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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 Judge in Ocean County, has issued many trial court level decisions that have become published.  Beginning with Benjamin v. Benjamin, which was decided in October 2012 and was approved for publication in February 2013, Judge Jones has issued a total of nine (9) decisions published decisions. Continue reading ›

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contract2More 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 be more inclined to consider having an arbitrator decide their case. Continue reading ›

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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 to make findings as to , and will apply the 15 statutory factors of N.J.S.A. 2A:9:2-4, among which are factors that include the “fitness of the parents”, the “parents’ ability to agree, community and cooperate in matters relating to the child”, the “needs of the child”, and the “stability of the home environment offered”.   Continue reading ›