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The crime of terroristic threats requires a showing of three essential elements: (1) that the defendant in fact threatened the plaintiff; (2) that the defendant’s intent was to threaten the plaintiff; and (3) that a reasonable person, under an objective s
26 Feb 2010, 8:02 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The “law of the case” doctrine, wich discourages relitigation of un-reversed decisions made during the trial, is not applicable when the earlier decision was either ambiguous or uncertain
18 Dec 2009, 9:22 am by PaulKostro
Group, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When an appellant’s notice of appeal only designates an order denying reconsideration, appellant is not entitled to review of the earlier order
2 Nov 2010, 10:33 am by PaulKostro
Compagna v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The polestar of contract construction is to discover the intention of the parties as revealed by the language used by them
25 Feb 2010, 8:58 am by PaulKostro
” Pacifico v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Distinguishing between the ordinary disputes, disagreements, and irritations common in a domestic relationship, and those actions that cross the line into domestic violence
19 Nov 2011, 7:40 am by PaulKostro
J.D. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Commission of one of the predicate acts of domestic violence does not, on its own, automatically warrant the issuance of a domestic violence restraining order
4 Apr 2011, 2:57 pm by PaulKostro
Law Lessons from S.P. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The filing of a bankruptcy petition stays adjudication of equitable distribution in a divorce proceeding if the property to be distributed is the property of the bankruptcy estate
14 Oct 2010, 12:58 pm by PaulKostro
Clark v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In the context of custody and parenting issues, notwithstanding a settlement agreement that addresses those issues, disputes may trigger the need for a family judge, acting as parens patriae, to prevent harm and protect the best interests of children
25 Feb 2011, 3:07 pm by PaulKostro
Konzelman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Anticipatory repudiation
12 Jul 2012, 12:50 pm by PaulKostro
” Cipala v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In removal cases, where the custodial parent seeks to relocate the child, the court considers the interests of the parents and the child
22 Jul 2010, 8:51 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
As a general rule, the Hague Convention provides that a wrongfully removed or retained child must be returned to the home state in the U.S.
22 Feb 2011, 7:48 am by PaulKostro
GOLDMAN v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a Domestic Violence matter, in compelling circumstances, where a party’s ability to adequately present evidence during a domestic violence action may be significantly impaired, a trial judge may, in the exercise of sound discretion, permit limited disc
23 Aug 2010, 1:02 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A plenary hearing must be conducted when a party seeking to modify a custody order demonstrates that due to a substantial change in circumstances from the time that the current custody arrangement was established, the best interests of the child would be
22 Jul 2010, 8:54 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Settlement agreements must be enforced as other contracts are
22 Jul 2009, 1:40 pm
See Jennings [v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
What is common law fraud?
7 Jul 2010, 8:01 am by PaulKostro
Gennari v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The income a party can derive from personal attention to business, not actual income, is the measure of ability to pay alimony
21 Sep 2009, 10:10 am
SCHVEY V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Child support based on unemployment benefits, or on bonuses and overtime
10 Oct 2011, 5:17 pm by PaulKostro
Law Lessons from DiJOSEPH v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Instances of domestic violence that were not the underlying acts leading to the TRO, are not subject to the a one-year statute of limitations incorporated in the PDVA, or the defense of laches
2 Mar 2010, 3:10 pm by PaulKostro
Law Lessons from C.C.P V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although nonrefundable retainers are specifically prohibited in Family Court matters, there is no such prohibition in other case types
4 Oct 2010, 12:06 pm by PaulKostro
TARAKJI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Judge Judy – Child Support Claims
15 Jun 2009, 12:37 pm
Check out: J.S. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues