Articles Tagged with domestic violence

|

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 ›

|

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    In M.D. v. P.D.(A-2054-15T, October 13, 2017), an  unpublished opinion decided this week, the Appellate Division upheld the trial court’s decision to allow the plaintiff to testify about the acts of domestic violence that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 ›

|

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 ›

|

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 ›

|

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 ›

|

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 ›

|
file2381251825687-238x300

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 take time off. There is something to be said about the old adage about idle hand and the devil. Here are some pointers about New Jersey’s approach to domestic violence. Continue reading ›

|

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

file8731251825687-300x293

OLYMPUS DIGITAL CAMERA

order.

Continue reading ›

|

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 ›

|

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 ›