Articles Tagged with domestic violence

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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 offile000388004075-3-200x300 Domestic Violence Act (“Act”) specifically states that victims of domestic violence are entitled to financial support from their abusers. However, the Act is silent on whether a victim of domestic violence who is also the income producing spouse has to support the abuser. Continue reading

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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 Court gave was that the defendant’s motion did not include the transcript of the underlying 2004 FRO hearing. Continue reading

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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 afile000799318829-2-300x200 family court judge to enter a restraining order without there being a finding of domestic violence. Continue reading

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On November 8, 2017, the New Jersey Appellate Division issued the unpublished opinion in the domestic violence case of J.R. v. C.R. (A-4936-15) affirming the issuance of a final restraining order (FRO) entered against J.R. who was in a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 the grounds of harassment and assault based upon an alleged predicate act of domestic violence that occurred on February 29, 2016.  The parties testified that although they had broken off their relationship several times, they were involved in a long-term dating relationship. Continue reading

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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 of the most significant and substantive new Rules which were adopted in this current cycle. Continue reading

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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 whenfile000388004075-1-200x300 outlining a couple’s prior history of domestic violence for a court.    In M.D. v. P.D.(A-2054-15T, October 13, 2017), an  unpublished opinion decided this week, the Appellate Division upheld the trial court’s decision to allow the plaintiff to testify about the acts of domestic violence that were in a previous domestic violence complaint that had been voluntarily dismissed when the parties entered into a consent order agreeing to impose civil restraints against the defendant. Continue reading

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e3bc10d77963468f2705f7119c049b73-300x199On 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 before trial, to seek an eve of trial dismissal of a litigant’s pleadings. Continue reading

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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. file000596791788-239x300Destroying 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 mischief if he or she “[p]urposely or knowingly damages tangible property of another.” Stated another way, when one sets fire to their significant other’s clothes a la “Waiting to Exhale” or their house a la Left Eye from TLC, these are acts of domestic violence and could lead to the filing of a temporary restraining order and the entry of a final restraining order. Continue reading

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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 another running back, Ezekiel Elliott, for six games for violating its Personal Conduct Policy, concluding that Mr. Elliott had committed acts of domestic abuse against his former girlfriend in 2016. Domestic-violence-2-300x123While the NFL has had to deal with a number of domestic violence incidents involving a number of players since the Ray Rice situation, the reason why this made the headlines was because it involved one of its star players, a winner of several Rookie of the Year Awards for his performance last year as a member of “America’s Team”, The Dallas Cowboys. Unlike the debacle in the Ray Rice matter, the NFL Commissioner, Roger Goodell, for the most part has been lauded for his handling of the Elliott matter. Continue reading

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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 d744f80a269bdfa75c34d7830ed52c13-300x200restraining order (FRO) entered by the trial court in favor of plaintiff pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35. The defendant claimed that the trial court abused its discretion in denying his request for a short adjournment of the April 14, 2016 hearing until his attorney could arrive at the courthouse. The series of events that led to the defendant being in court that day are as follows.  Continue reading