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Appellate Courts › Restraining Orders

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Can a Trial Judge Grant a Final Restraining Order by Randomly Relying on Battered Woman Syndrome?

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Very often, victims or purported victims of domestic violence hear about the concept of the cycle of domestic violence. Also, it is not uncommon for victims of domestic violence not to report acts of domestic violence once or...more

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Can Prior Acts Previously Adjudicated to Not Amount to Domestic Violence Be Raised in a Future Domestic Violence Proceeding?

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Sadly, it is not uncommon for parties to be “frequent flyers” in domestic violence court. Sometimes, the same party files and dismisses one or more times. Sometimes, parties settle with “civil restraints” or an Order in the...more

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Remote Proceedings: Zooming Past Litigants’ Due Process Rights

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In January 2020, the Appellate Division considered an important question: how should a judge assess a party’s request to appear at a trial and present testimony by way of video transmission? The timing of this consideration...more

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A Victim Of Domestic Violence Need Not Have Disclosed The Abuse To Another To Establish A Predicate Act Of Domestic Violence

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Victims of abuse have many reasons for not reporting prior acts of domestic violence – either to friends, family, co-workers, etc. or the police. Logically, the failure to report does not negate the fact that the abuse...more

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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

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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

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