Articles
Articles in the ‘Domestic Violence’ Category
What Are the Circumstances to Dissolve a Final Restraining Order?
The Appellate Division determined given the conduct of the parties during the course of 24 years after after the issuance of the final restraining order it is appropriate for the trial court to consider on motion whether the restraints should be vacated. P.S. v. G.S., New Jersey App. Div., December 21, 2011
Domestic Violence Guardian ad Litem Appointment for Minor Victim
This is another example of Judge Jones writing an excellent decision approved for publication. The court determined a minor plaintiff victim in a domestic violence proceeding has a right to court-appointed counsel when an adult defendant is represented by a private attorney. J.L. v. G.D., , New Jersey Ch. Div., October 25, 2011
Household Member Given Broad Interpretation
The Appellate Division reversed the trial court’s determination dismissing a complaint filed under the Prevention of Domestic Violence Act based on lack of jurisdiction. Read the rest of this entry »
Lack of Dating Relationship Leads to Reversal of FRO
The parties had a casual relationship for about one month, resumed the relationship a few months later that lasted about 2 months. The relationship ended in or about July 2007. The parties barely communicated and did not see each other until the hearing for the final restraining order in December 2009.
New Social Security Numbers For Domestic Violence Victims
In October 2006 the Social Security Administration (SSA) put out a publication, number 05-10093 acknowledging people in all walks of life can be victims of family violence or harassment, abuse or life-endangering situations. If you are a victim of family violence the SSA may be able to help you.
Public awareness campaigns stress how important it is for victims to develop safety plans that include gathering personal papers and choosing a safe place to go. Sometimes the best way to evade an abuser and reduce the risk of further violence may be to relocate and establish a new identity. Following these changes, it also may be helpful to get a new Social Security number. Although Social Security does not routinely assign new numbers, it will do so when evidence shows a victim is being harassed or abused or the victim’s life is endangered. For more information click on the link: http://www.ssa.gov/pubs/10093.html
Use of Recording Leads to Entry of FRO
The husband testified the recordings captured several interactions between him and his former wife. He testified he made the recordings with a pocket tape recorder and then converted the tape to a compact disc. He testified he did not delete any space between recordings, and the recordings were completely unedited. The Appellate Division affirmed the trial court’s determination the recordings were relevant because they provided evidence of statements constituting harassment. M.L. v. N.W., New Jersey App. Div., July 1, 2010
New Jersey Prevention of Domestic Violence Act Upheld as Constitutional
On February 11, 2010 the New Jersey Supreme Court released its decision upholding the constitutionality of the New Jersey Prevention of Domestic Violence Act.
Violation of Restraining Order Mandatory Incarceration
Under new proposed legislation violation of a New Jersey domestic violence order would subject the offender to automatic mandatory incarceration classified as a 4th degree crime and warrant 180 days of jail time.
Domestic Violence Abuser Satellite Monitoring
On January 4, 2010 the Assembly Judiciary Committee of the New Jersey Legislature voted favorably on a bill recently introduced to establish a pilot program of up to 3 years in one or more counties for the continuous satellite-based monitoring of no more than 500 persons charged with or convicted of a crime involving domestic violence. New Jersey Assembly Bill A-4363, January 8, 2010
Domestic Violence
There has been much controvery surrounding the burden of proof required in domestic violence cases.
