Blog: Domestic Violence

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  • Establishing the Need for a Final Domestic Violence Restraining Order
    To obtain an FRO under the PDVA, a plaintiff must not only demonstrate defendant has committed a predicate act of The facts of the case are important. The plaintiff had previously obtained a temporary restraining order, but dismissed it after the parties reached a private agreement. The Husband and Wife agreed that the Wife would have sole and exclusive use and possession of the marital home. The Husband was given sole and exclusive use...
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  • Domestic Violence Restraining Orders and Additional Protected Persons
    N.J.S.A. 2C:25-29(b) sets forth that the Family Part "shall grant any relief necessary to prevent further 20 A-2795-22 abuse." The determination as to the appropriate relief needed in a particular case to accomplish this goal is necessarily fact specific. Under N.J.S.A. 2C:25-29(b)(7), the trial court may issue a When a judge finds that you are entitled to a FRO, then she can also list ‘other people’ as being protected persons. Generally, that would be...
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  • Are false allegations of child abuse domestic violence?
    In E.W. v. W.M-H., 476 N.J.Super.433 (Ch.Div.2023) plaintiff filed a civil suit against the defendant to recover money owed to her. The parties had a brief (one month) relationship, during which the plaintiff apparently gave the defendant tens of thousands of dollars. In apparent retaliation for the suit, the defendant contacted D.C.P.&P. and alleged that the plaintiff was using marijuana around her minor child. The plaintiff testified that the defendant had told her that he...
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