NJ Family Issues

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Archive for the ‘Domestic-violence’ Category

*All Posts,Domestic-violence

Who is a household member

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February 2, 2012 at 11:46 am

*All Posts,Domestic-violence

The court must make a discretionary determination based on the predicate act of domestic violence, any prior history of domestic violence, and any other relevant circumstances, as to “whether a domestic violence restraining order is necessary to protect plaintiff from immediate danger or further acts of domestic violence

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January 30, 2012 at 4:08 pm

*All Posts,Domestic-violence,Harassment

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

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January 30, 2012 at 4:02 pm

*All Posts,Invasion of privacy,Recordings,Stalking,Technology

The Government’s attachment of the GPS device to a vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a search under the Fourth Amendment

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January 23, 2012 at 2:09 pm

*All Posts,Criminal,Domestic-violence

To establish a disorderly persons contempt of court, the State was required to prove that defendant knowingly violated the restraining order

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January 23, 2012 at 12:26 pm

*All Posts,Dissolution of final restraining order,Domestic-violence

A final domestic violence restraining order may be dissolved or modified upon good cause shown and only if the same judge who entered the order considers the application or a complete record of the hearing on which the order was based is made available to the court

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January 8, 2012 at 10:03 am

*All Posts,Assault,Domestic-violence

Simple assault

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December 19, 2011 at 8:56 pm

*All Posts,Criminal,Domestic-violence

If then that person is charged with violation of probation, a court must decide is whether a violation of a condition of probation has occurred and whether the violation is serious enough to justify revocation of probation

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December 13, 2011 at 11:32 am

*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

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November 29, 2011 at 7:18 pm

*All Posts,Domestic-violence

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

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November 29, 2011 at 7:14 pm