News & Analysis as of

Domestic Violence Divorce

Smith Debnam Narron Drake Saintsing & Myers,...

What Can You Sue Your Ex-Spouse For?

Grounds for Suing an Ex-Spouse or Ex-Partner - Can you Sue Your Ex for Emotional Distress? In North Carolina, you may be able to sue your ex-spouse for intentional infliction of emotional distress or negligent infliction...more

Obermayer Rebmann Maxwell & Hippel LLP

Kayden’s Law and the Future of Custody in Pennsylvania

Legislation aimed at protecting children involved in custody battles emerged from tragic events occurring in 2018, marked by the murder of seven-year-old Kayden Mancuso at the hands of her father, Jeffery Mancuso, despite her...more

Fox Rothschild LLP

Life After Love Gone Wrong Podcast: Season 3, Episode 5 - Parallel Proceedings: The Intersection of Criminal Law and Family Law

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Allegations of domestic violence can complicate an already complex family law matter. It’s important to understand how criminal proceedings involving accusations of violence can impact your civil case. Marissa Koblitz...more

Fox Rothschild LLP

Court’s Should Not Issue FROs Because They Think a Party is a Bad Parent or Deadbeat Dad

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Earlier this month, I wrote a blog called Court’s Should Not Issue FROs to Address Parenting Issues. That blogged addressed a case where the trial court entered a Final Restraining Order (FRO) to remedy custody and parenting...more

Smith Debnam Narron Drake Saintsing & Myers,...

North Carolina Defamation Laws in Divorce or Domestic Violence Cases

A jury awarded Johnny Depp $15 million in damages in a defamation suit against Amber Heard, who had alleged domestic abuse against him in an op-ed. Donald Trump was ordered to pay over $80 million in a defamation suit brought...more

Fox Rothschild LLP

Can a Bad Social Media Post Lead to a Final Restraining Order?

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Social media has become a prevalent part of people’s lives. Many people post about how great their life is or about the good things that their children do (guilty as charged.) Others debate politics. Some post pictures of the...more

Fox Rothschild LLP

Courts Should Not Issue FROs To Address Parenting Issue

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Going back more than three decades, there are Appellate Division cases that offer caution about the abuse of the domestic violence statute to get a leg up in an impending or pending divorce or custody matter. At around the...more

Fox Rothschild LLP

L’Affaire Boebert: Is “Saturday Night Alright for Fightin?”

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Silt, Colorado is a pretty tiny town: 3,500 people. Not otherwise on America’s radar until two former spouses ran into one another at the Miner’s Claim Restaurant on Saturday night. We don’t know if that was by accident or...more

Fox Rothschild LLP

Relocation Prompted by “Abuse” May Obviate Relocation Notice

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Moyer v. Moyer, a non-precedential decision issued by the Superior Court on November 20 discusses the challenging question of whether a parent can relocate without notice in a setting where the relocation is triggered by...more

Fox Rothschild LLP

Vindictive Report to DCPP Can Constitute Harassment Under the Domestic Violence Statute

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It should come as no surprise that after the end of a relationship, people sometimes do bad things to the former love of their life. Really, it’s a tale as old as time. But what if, as an act of retaliation, a party makes a...more

Fox Rothschild LLP

Is Domestic Spying Tortious? Illinois Seems to Say “Not”

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Dru Goodman was not happy at home. His wife said she wanted a divorce and he suspected she was having an affair. As often occurs, he told his story to someone working for him. What is unusual is that the staff person employed...more

Jaburg Wilk

How Acts of Domestic Violence Impact Child Custody

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In a custody dispute between parents in an Arizona proceeding, if a parent has committed an act of “domestic violence” their right to have equal decision-making authority and unsupervised, or any, parenting time is at risk. ...more

Rodemer Kane Attorneys at Law

Can You Be Charged For Lying About Domestic Violence?

Domestic violence allegations are very serious, and the state of Colorado takes these seriously as well. When an individual accuses another of domestic violence, not only are they making a serious allegation, they could place...more

Blank Rome LLP

Repeat After Me: Coercive Control Is Domestic Violence

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The state of New York has long been at the forefront of cultural and legal progress. Yet, for all of its claim to fame as the center of the world, New York has some antiquated divorce laws that need to be changed to protect...more

Weber Gallagher Simpson Stapleton Fires &...

The Verdict is In: Does the Johnny Depp and Amber Heard Trial Mean Anything for my Divorce, Custody and Family Law Case?

By now you have seen the news that Johnny Depp won….. sort of. He prevailed on all of his counts, and Amber Heard was successful on one of hers. He gets $15 million, and she gets $2 million. Quantitatively, he wins, and...more

Fox Rothschild LLP

Family Law Litigation in Pennsylvania; What Hath Covid Wrought?

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We try to keep tracks of trends in family law. 2020 was, for many reasons, an unusual year but some trends are continuing when we reviewed the statistic survey published by the Administrative Office of Pennsylvania Courts...more

Weber Gallagher Simpson Stapleton Fires &...

Let's Talk Family Law 101

What is family law, and what does it include? Family law attorney Skip Persick discusses the basics of divorce, child custody, child support, and more. This episode provides information on what is included in a divorce, how...more

Weber Gallagher Simpson Stapleton Fires &...

Family Law Newsletter - January 2021

School Openings and Child Custody - We live in unpredictable times. Schools are opening, schools are closing. One week they’re using a hybrid model for learning, the next week it’s completely virtual — forcing us to be...more

Fox Rothschild LLP

If You Want To Keep Your Final Restraining Order, Maintaining A Sexual Relationship With The Defendant Is A Bad Idea

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More than 11 years ago, I wrote a post on this blog entitled The Abuse and Misuse of the Domestic Violence Statute. From the statistics, we can see that this is still one of the most read items we have published, because the...more

Fox Rothschild LLP

Statutes And Subsequent Qualification By The Supreme Court – They Both Matter.

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In a recent decision, E.H. v. K.H., the Appellate Division made clear that a finding of harassment in connection with the entry of a domestic violence restraining order must be based upon a judge’s findings on all elements of...more

Fox Rothschild LLP

The Appellate Division Reaffirms The Basic Tenets Of Who You Can Get A Final Restraining Order Against

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It is important to understand the requirements to obtain a Final Restraining Order or to defend against the entry of one. Through case law and the New Jersey legislature, there are specific requirements that need to be met. ...more

Fox Rothschild LLP

Superior Court Widens The Duress Door

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In a reported three judge panel decision issued on June 12, 2020, the Superior Court appears to have made it easier for parties to avoid a contractual agreement on the basis of duress. The case, Lewis v. Lewis is reported as...more

Fox Rothschild LLP

The Modern Family Now Falls Under The Scope Of The Domestic Violence Act In New Jersey

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The issue in the published trial court decision, S.C. v. J.D., reviewed what is a “household member” under the Prevention of Domestic Violence Act (“PDVA”) pursuant to N.J.S.A. 2C:25-17 to -35. The plaintiff, “Samantha”,...more

Fox Rothschild LLP

New Jersey Appellate Division Examines The Meaning Of “Dating Relationship” In Domestic Violence Cases.

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I have written about the requirements of obtaining a domestic violence final restraining order (“FRO”) under the New Jersey Prevention Against Domestic Violence Act (“the Act”) previously on this blog. One of the three main...more

Fox Rothschild LLP

Coronavirus Stay At Home Requirements And The Enhanced Risk Of Domestic Violence

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There has been much news coverage about how China’s divorce filings spiked after their periods of quarantine and lock down ended including in articles and Bloomberg, the Daily Mail and many other publications. In fact, in...more

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