Articles Tagged with domestic violence

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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

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image1-232x300On 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 that Jesus willingly suffered and died by crucifixion as the ultimate sacrifice for the sins of humanity (1 John 1:10). Easter Sunday celebrates Jesus rising from the dead, an event which is referred to as the Resurrection. Set in the springtime every year and often close to the Jewish Holy Day of Passover, Easter symbolizes a time of rebirth and renewal. Holy Thursday, which occurred yesterday, marks the event of the Last Supper of Jesus and his Apostles, during which the group were celebrating a Passover Seder when Jesus informed the group that he would be betrayed by his followers. Continue reading

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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 file0001931487912-290x300Prevention of Domestic Violence Act to protect a man seeking a domestic violence retraining order against his brother. Continue reading

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I recently attended a seminar where the topic concerned the obtaining, analysis and use of medical records. While the main focus was how medical records were dealt with in civil litigation matters such as medical malpractice and personal injury cases, it was clear that a number of the issues discussed could apply to Family Court matters as well. A spouse may allege that they are unable to work, or may be limited in what type of work they can do, as a result of some sort of medical or psychological condition or disability, thereby impacting a claim for spousal and/or child support. A spouse may allege that they suffered physical and/or emotional injury as a result of an act or course of abuse by the other spouse leading to a claim for damages in an action for domestic tort. Continue reading

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The Violence Against Women Act (VAWA), 42 U.S.C. § 13701 et seq., is a United States federal law that was originally passed in 1994 and was reauthorized in 2013 in which the spouses and children and parents of United States citizens or lawful permanent residents may self-petition to obtain lawful permanent residency in the United States. The Immigration and Nationality Act (INA) is the law that governs immigration in the United States. The VAWA provisions relating to immigration are codified in section 204(a) of the INA. Rules published in the Federal Register explain the eligibility requirements and procedures for filing a self-petition under the VAWA provisions. People who may apply include: (1) a spouse of a U.S. citizen or lawful permanent resident; (2) a child of U.S. citizen or lawful permanent resident; (3) a spouse of U.S. citizen or lawful permanent resident who’s child has been battered or subjected to extreme cruelty for the reason bANGEL-13-144x300eing that a parent files for self-petition based on abuse of the child but both parent and child benefit; and (4) parent of a U.S. citizen . It is important to note that, despite its title, the VAWA is applicable to both men and women although spouses of undocumented foreign nationals cannot self-petition. Continue reading

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This is the year of miracles or nightmares depending on your perception of the world.  The Cubs won the World Series, England voted to exit the European Union and Donald Trump wasdea2b5a4d62c650d12ffdcac9d8f9a59 elected President.  In America there might be some heavy debate over the Cubs, less over England, but Trump! Trump and the related topic of Hillary and the downfall of America are hot topics of which everyone is an expert. The truth is our Union will survive even a sub par-Presidency; look at Jimmy Carter. Continue reading

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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 Finalfile000799318829 (1) Restraining Order (FRO). The trial judge found that a FRO was not necessary because the Plaintiff had “failed to establish even a mere likelihood that the parties would continue to interact in the future” or that Defendant posed a threat to her. Continue reading

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In February, 2015, Chief Justice Rabner convened a Supreme Court Ad Hoc Committee on Domestic_DSC4819 Violence. Whether given that 24 years had passed since the “Prevention of Domestic Violence Act,” (N.J.S.A. 2C:25-17 et. seq.) was enacted, or perhaps even in response to the public backlash and uproar over the handling of the Ray Rice situation and its spotlight directed upon domestic violence laws, the Committee was charged with examining the current system and to conduct an in-depth review of New Jersey’s domestic violence procedures and laws and to make recommendations to strengthen New Jersey’s response to domestic violence. That Committee recently issued a report which contained thirty (30) recommendations. Continue reading

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The 18th century educational writer, W.E. Hickson, is credited with popularizing the proverb: “’Tis a lesson you should heed: Try, try, try again. If at first you don’t succeed, Try, try, try again.”  On IMG_0187June 10, 2016 the New Jersey Appellate Division decided the case of KL-v-DL, in which after nearly three years of continuous litigation, a father succeeded in having the trial court reconsider its prior order relating to additional visitation with his daughter.  The protracted litigation began not long after the divorce complaint was filed on June 14, 2013.   Continue reading

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Generally, the concept that in domestic violence matters the concept that a defendant could defend oneself by asserting that their violence towards the plaintiff was deserved or provoked in some way is an abhorrent concept, and would likely not be a successful argument in defending against against an accusation of domestic violence.   However, in an as yet unpublished July, 2015 decision  in the matter of R C v R W, decided by the Honorable L.R. Jones, J.S.C., a prolific writer of trial court opinions, the family court addressed the following question: “What happens when a plaintiff seeks a final restraining order against a defendant for conduct which arises from plaintiff’s own violent provocation?”. Continue reading