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After a plaintiff establishes the necessary predicate act of domestic violence by a preponderance of the evidence, the second inquiry is to determine whether a restraining order should be issued
30 Jul 2010, 12:18 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A party seeking to set aside a settlement agreement generally has the burden of proving his incapacity or incompetence to contract or other extraordinary circumstance sufficient to vitiate the agreement
31 Aug 2010, 6:55 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The fair-report privilege protects the publication of defamatory matters that appear in a report of an official action or proceeding, or a meeting open to the public that deals with a matter of public concern
11 May 2010, 9:17 am by PaulKostro
Salzano v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial judge may interrogate any witness to clarify the witness’s testimony, expedite a trial, prevent delay or waste of time, or help elicit facts
20 Jul 2009, 8:54 am
(citing State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Medical opinions in hospital records should not be admitted under the business records exception where the opponent will be deprived of an opportunity to cross-examine the declarant on a critical issue such as the basis for the diagnosis or cause of the c
17 May 2012, 5:38 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A plaintiff cannot file suit in a court if he or she has entered into an enforceable agreement to bring such claims in another forum
19 May 2011, 6:10 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A lawyer who has represented a client in a matter shall not thereafter represent another client in the same or substantially related matter in which that client’s interests are materially adverse to the interests of the former client
6 Aug 2010, 8:49 am by PaulKostro
Div. 2006); State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Responsibility for sidewalk accidents
12 Jul 2010, 9:20 am by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Double Trouble on the Virtual Property Front
31 May 2007, 3:34 pm
First, the Bragg v. [read post]
PrawfsBlawg - http://prawfsblawg.blogs.com/prawfsblawg/
The presumption of public access attaches to all materials, documents, legal memoranda and other papers ‘filed’ with the court that are relevant to any material issue involved in the underlying litigation regardless of whether the trial court relied on th
22 Feb 2011, 8:07 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Child support obligations are always subject to review and modification on a showing of changed circumstances
12 Oct 2011, 12:01 pm by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In order for a communication or conduct to constitute harassment and an act of domestic violence, the defendant must speak or act with the purpose to harass another
1 Aug 2011, 10:46 am by PaulKostro
Div. 2001) (citing State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
While defendant’s conduct toward his wife, belittling her appearance and refusing to communicate with her on an equal basis, is unacceptable, it does not necessarily equate with the offense of harassment — her recourse may lie in an action for divorce, no
30 Jul 2010, 10:01 am by PaulKostro
The Supreme Court in State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Conduct rejected as a basis for an FRO in a prior action may be considered in connection with a subsequent complaint based on new conduct
3 Jul 2012, 8:12 am by PaulKostro
See State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In Ohio, the privileged mediation communication that the client would not give her consent to settle may not permitted to be disclosed in the mediator’s report
4 Mar 2010, 1:47 pm by PaulKostro
Law Lessons from Anthony v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When your child gets in trouble with the law … LOOKOUT!
21 Jul 2010, 7:37 am by PaulKostro
{See State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Virtual law
7 Nov 2007, 9:37 pm
Participants, who come from the United States as well as various other countries, number in excess of 9 million people, according to Linden Research, Second Life's owner and operator. [read post]
Freedom To Differ - http://www.freedomtodiffer.com/freedom_to_differ/
Emancipation does not occur automatically by reason of the dependent child reaching the age of majority
30 Jul 2010, 12:13 pm by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The fulfillment of an obligation to pay rehabilitative alimony does not per se prohibit a former spouse from thereafter seeking permanent alimony
28 Sep 2011, 12:51 pm by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Harassment does not automatically warrant the issuance of an FRO because the Act mandates that acts claimed by a plaintiff to be domestic violence must be evaluated in light of the previous history of violence between the parties including previous threat
24 Dec 2009, 6:29 am by PaulKostro
[State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues