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Can a Bad Social Media Post Lead to a Final Restraining Order?
8 Feb 2024, 10:35 am by Eric S. Solotoff
” J.D. v. [read post]
NJ Family Legal Blog - http://njfamilylaw.foxrothschild.com/
Final Restraining Orders & the Second Prong of Silver v. Silver: Protection Against, and Prevention of, Further Abuse
10 Apr 2023, 2:54 am by Kory A. Crichton
”  J.D. v. [read post]
NJ Family Legal Blog - http://njfamilylaw.foxrothschild.com/
Right to Counsel and Notice of Consequences of a Domestic Violence Finding is Required Before – Not After- the Finding
25 Apr 2022, 9:33 am by Eric S. Solotoff
  In J.D. v. [read post]
NJ Family Legal Blog - http://njfamilylaw.foxrothschild.com/
Domestic Violence Defendants Require Opportunity To Prepare Defense Even When FRO Is Warranted For Another Predicate Act
23 May 2019, 12:00 pm by Lindsay A. Heller
M.D.F., 207 N.J. 458 (2011). [read post]
NJ Family Legal Blog - http://njfamilylaw.foxrothschild.com/
Flash Photography: Violation of the Prevention of Domestic Violence Act?
14 Nov 2012, 10:00 pm by Linda A. Kerns, Esquire
J.D. v. [read post]
Linda's Law Blog - http://lindakernslaw.blogspot.com/
Drawing the line between acts that constitute harassment for purposes of issuing a domestic violence restraining order and those that fall instead into the category of ordinary domestic contretemps presents our courts with a weighty responsibility and con
18 Aug 2012, 4:04 am by PaulKostro
J.D. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A substantial gap in time between a transgression and when a restraining order is sought suggests that the victim was really not in immediate fear of defendant and that restraints are therefore unnecessary
27 Jul 2012, 9:49 am by PaulKostro
M.D.F., 207 N.J. 458, 488 (2011). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court’s obligation to consider prior acts of domestic violence is a statutory command
9 Apr 2012, 4:05 pm by PaulKostro
” J.D. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Even in a bench trial, a trial judge must take special care to craft questions in such a manner to avoid being perceived as an advocate
21 Mar 2012, 7:49 am by PaulKostro
J.D. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When evaluating whether an individual acted with the requisite purpose to harass, courts are to be especially vigilant in cases involving the interactions of a couple in the midst of a breakup of their relationship
21 Mar 2012, 7:33 am by PaulKostro
J.D. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Serious annoyance or alarm, means to weary, worry, trouble or offend
17 Mar 2012, 1:24 pm by PaulKostro
’” J.D. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is clearly improper to base a finding of domestic violence upon acts or a course of conduct not even mentioned in the complaint
6 Feb 2012, 11:06 am by PaulKostro
” However, in J.D. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court must exercise care in distinguishing between ordinary disputes and irritations common in a domestic relationship and those actions that cross the line into domestic violence
30 Jan 2012, 12:02 pm by PaulKostro
J.D. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To obtain an FRO under the PDVA, a plaintiff must establish: (1) that defendant committed one of the predicate offenses; and (2) that a restraining order is necessary for the protection of the victim
29 Nov 2011, 3:18 pm by PaulKostro
Div. 2006); see also J.D. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The burden of proof in a criminal case “beyond a reasonable doubt” is stricter than the burden of proving a violation of the PDVA, which only requires proof by a “preponderance of the evidence”
29 Nov 2011, 3:12 pm by PaulKostro
See J.D. 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
A finding of harassment must be supported by some evidence that the actor’s conscious object was to alarm or annoy; mere awareness that someone might be alarmed or annoyed is insufficient
13 Nov 2011, 7:27 am by PaulKostro
[J.D. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The harassment statute criminalizes speech that invades one’s privacy by ‘its offensive coarseness or extreme inconvenience
2 Nov 2011, 10:23 am by PaulKostro
” [J.D. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Domestic violence often presents circumstances in which a party may mask an intent to harass with what could otherwise be an innocent act
2 Nov 2011, 9:40 am by PaulKostro
” J.D. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Domestic violence often presents circumstances in which a party may mask an intent to harass with what could otherwise be an innocent act; but, some domestic violence complainants may perceive an entirely innocent act to be a harassing one as well
24 Oct 2011, 2:37 pm by PaulKostro
Law Lessons from J.D. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues