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Domestic violence (DV) occurs far too frequently in marriages, among family members and between people in dating relationships. Lawmakers in many states have increased criminal penalties for DV offenses. Special courts have been established to handle DV-related cases. Judges often receive specialized training to better understand the dynamics of domestic…
Domestic violence (DV) is a serious problem. Every state has a procedure in place that allows persons to obtain protection or restraining orders intended to prevent contact from alleged abusers. The process to initially obtain a protection order is fairly quick and simple. A person can usually go to a…
If a person requests a restraining order in NJ, they need to support enough evidence to show that it is more likely than not there is cause for concern that they could be the subject of physical violence. They must be a ‘victim of domestic violence,’ including someone in a…
New Jersey courts often grapple with the issue of domestic violence within family law cases. Judges often err on the side of caution in these cases, but this can lead to a judge overstepping their authority. `The case MC v GT demonstrates such a failure on the part of a…
One unfortunate aspect of practicing family law means one will inevitably have to deal with issues of domestic violence. NJ domestic violence laws are an interesting intersection of family law and criminal law. The L.C. v M.A.J. case which recently came down from the Appellate court offers some perspective on…
There is no shortage of cases concerning NJ Restraining Orders, and the most recent appellate case on this topic just came down on June 5. In T.M.S. v. W.C.P., the issue was whether the court abused its discretion by reinstating a final restraining order against the plaintiff, T.M.S, sua sponte,…
Sometimes, in family law, when you hear the words ‘Restraining Order,’ it is easy to assume that there was an issue of family violence between spouses, or people in a dating relationship. But it is important to remember that the statute is much broader than this, and includes anyone in…
This case is a recent analysis and application of the NJ domestic violence laws, current case law across the state, combined with the entire gamut of family court litigation, including child custody, visitation schedules, support, and divorce. Thus, it is a good case study which examines all manner of evidence,…
Restraining orders are legal orders that protect a person or multiple people from another person. Restraining orders are issued where the defendant has committed an act of domestic violence, and orders him or her not to contact the victim or else be subject to arrest. Different states have different procedures…
Criminal Coercion, in its simplest terms, is a threat of some sort of harm for the purpose of compelling someone to act in a way they would not otherwise act. The person threatened is the victim of the criminal coercion. Think in terms of someone threatening to harm your children…