News & Analysis as of

Divorce Domestic Violence Restraining Orders

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

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

Fox Rothschild LLP on

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

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

Fox Rothschild LLP on

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.

Fox Rothschild LLP on

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

Fox Rothschild LLP on

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

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

Fox Rothschild LLP on

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.

Fox Rothschild LLP on

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

Dickinson Wright

Obtaining an Order of Protection Without Filing for Divorce

Dickinson Wright on

As part of any divorce proceeding, it is possible to obtain exclusive possession of the former marital residence if circumstances indicate that there are safety concerns....more

Burns & Levinson LLP

Is a Permanent Restraining Order Really Permanent?

Burns & Levinson LLP on

It is the public policy of the Commonwealth of Massachusetts to protect citizens from the devastating impact of domestic violence. General Laws c. 209A provides “a statutory mechanism by which victims of family or household...more

Obermayer Rebmann Maxwell & Hippel LLP

New Pennsylvania Bill Makes Spousal Abuse Victims’ Divorce Process Easier

Recently, Governor Wolf signed a bill into law giving spousal abuse victims in Pennsylvania additional rights when pursuing a divorce. This law will become effective in the middle of June 2016. It has been said that, “this...more

Obermayer Rebmann Maxwell & Hippel LLP

Help, Domestic Violence Restraints were Filed Against Me—and I didn’t do it!

The New Jersey Prevention of Domestic Violence Act serves an enormously important function to protect abused individuals. However, the protections of the Act can be misused in a divorce or custody litigation to evict someone...more

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide