NJ Family Issues
RSS | Comments RSS

Archive for November, 2011

*All Posts,Domestic-violence

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

Comments Off
November 29, 2011 at 7:18 pm

(more…)

*All Posts,Domestic-violence

The term “household member” within the PDV Act does not require cohabitation

Comments Off
November 29, 2011 at 7:14 pm

(more…)

*All Posts,Criminal,Domestic-violence,Evidence,Litigation

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”

Comments Off
November 29, 2011 at 7:12 pm

(more…)

*All Posts,Child Abuse,Loss of Parental Rights

The failure to exercise a minimum degree of care at least requires grossly negligent or reckless conduct

Comments Off
November 29, 2011 at 7:06 pm

(more…)

*All Posts,Child Abuse,Loss of Parental Rights

Conduct constituting abuse or neglect is not limited to a parent’s infliction of harm to a child

Comments Off
November 29, 2011 at 7:03 pm

(more…)

*All Posts,Child Abuse,Loss of Parental Rights

A factfinding hearing is conducted to test the Division’s allegations and determine whether the child is an abused or neglected child

Comments Off
November 29, 2011 at 7:01 pm

(more…)

*All Posts,Child Abuse,Loss of Parental Rights

Injuries that may constitute child abuse and neglect

Comments Off
November 29, 2011 at 6:59 pm

(more…)

*All Posts,Child Abuse,Loss of Parental Rights

The law permits the Division to immediately remove a child from his or her parent’s care when there is an imminent danger to the child’s life, safety or health, prior to applying for a court order

Comments Off
November 29, 2011 at 6:56 pm

(more…)

*All Posts,Child Abuse,Litigation,Loss of Parental Rights

Adjournments in factfinding hearings

Comments Off
November 29, 2011 at 6:53 pm

(more…)

*All Posts,Contracts,Damages,Evidence,Expert Testimony,Litigation

Although the amounts at stake in the Special Civil Part generally are relatively small, and the burdens of proving damages can be significant by comparison, the evidence to support plaintiff’s lost profits claim must not be too scant and conjectural to be upheld

Comments Off
November 29, 2011 at 11:57 am

(more…)

Older Posts »
Copyright 2009 Paul G. Kostro | Powered by WordPress | Businesso v1.0.2 by noonnoo | Log in