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It is a fundamental violation of due process to convert a hearing on a complaint alleging one act of domestic violence into a hearing on other acts of domestic violence which are not even alleged in the complaint
16 Apr 2010, 9:18 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Simple assault is defined as attempting to cause or purposely, knowingly or recklessly causing bodily injury to another; or attempting by physical menace to put another in fear of imminent serious bodily injury
25 Oct 2010, 4:00 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The privilege against self-incrimination is personal to the individual claimant and the election to invoke it must be exercised by the witness himself; it is not invocable by an attorney as his surrogate
9 Aug 2010, 8:37 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Integral to a finding of harassment is the establishment of the purpose to harass, along with a course of alarming conduct or repeated acts intended to alarm or seriously annoy another
7 Apr 2010, 8:47 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court does not have an obligation to warn a witness that his or her testimony may be self-incriminating
21 Jul 2010, 8:33 am by PaulKostro
Attor v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Settlement agreements will be honored absent a demonstration of fraud or other compelling circumstances
19 Oct 2010, 12:05 pm by PaulKostro
[Nolan v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
New Jersey sanctions the use of sound recordings at trial where the matter contained therein is competent and relevant
30 Jun 2010, 1:37 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Equity may allow rescission in light of a unilateral mistake in a contract under certain circumstances
31 Aug 2010, 6:50 am by PaulKostro
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Emancipation reflects a circumstance wherein a parent is relieved of an obligation to maintain custodial responsibility for the child
4 May 2010, 8:32 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Joint Tortfeasors Contribution Law
17 Mar 2010, 9:16 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Recent Prisoner Free Exercise Cases
29 May 2011, 6:40 am by Howard Friedman
He claimed in part that the restriction was imposed because he is a practitioner of Buddhism.In Clark v. [read post]
Religion Clause - http://religionclause.blogspot.com/
A court-appointed counsel acts as an independent legal advocate for the best interests of the child and takes an active part in the hearing, while a guardian ad litem acts as an independent factfinder, investigator and evaluator as to the best interests
10 Aug 2009, 10:23 am
Isacson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The three elements required to establish an inter vivos gift are (1) a donative intent on the part of the donor; (2) an actual or symbolic delivery of the subject matter of the gift; and (3) an absolute and irrevocable surrender by the donor of ownership
23 Mar 2010, 9:31 am by PaulKostro
See H.K. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A litigant must initially demonstrate that the Court acted in an arbitrary, capricious, or unreasonable manner, before the Court should engage in the actual reconsideration process
8 Jul 2010, 11:11 am by PaulKostro
MICHAEL PALOMBI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An increase in a supporting spouse’s income is considered a changed circumstance
14 Oct 2010, 12:45 pm by PaulKostro
” Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
What is a Dating Relationship
26 Oct 2010, 10:07 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
No plenary hearing as to a child’s status on a postjudgment application is required unless a prima facie case of changed circumstances (as to the welfare of the children; to warrant a change in custody) is established by the moving party
10 Jun 2010, 9:47 am by PaulKostro
Shaw v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The child’s welfare has been construed as meaning the safety, happiness, physical, mental and moral welfare of the child
8 Jan 2010, 8:27 am by PaulKostro
GORSKI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Whether abuse has occurred focuses upon the harm to the child rather than the mental state of the accused abuser
5 Oct 2010, 11:15 am by PaulKostro
Div. 2010), A-4786-08, October 5, 2010: In DYFS v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court may balanced the parties’ respective incomes with alimony
16 Jul 2009, 10:39 am
See Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues