Piscataway Family Law Attorneys

07

Jun 2019

Not Every Cloud Has A "Silver" Lining

The significant problem of domestic violence in society has long been documented. In New Jersey, the Courts struggle on a daily basis to address applications for Restraining Orders based upon Complaints alleging domestic violence. In those applications, a trial judge is required to perform what has become known as a Silver analysis, based upon the 2006 decision by the Appellate Division in the ...

Posted By Michael J. Evans, Esq.

11

Apr 2019

It's not WHAT you say, but HOW you say it!

In order to be found guilty of an act domestic violence for harassment, the Court must determine that the accused person acted with a “purpose” to harass. Makes sense, right? Sure. However, it begs further questions: How does a victim seeking to obtain a restraining order prove that the alleged harasser had the “purpose” to harass? How does someone defending a charge of harassment prove that ...

Posted By Lisa Steirman Harvey, Esq.

01

Oct 2018

Domestic Violence Month: What is Stalking?

As October is recognition of domestic violence month, it is befitting to post some information you may not know about domestic violence proceedings in the civil courts of New Jersey. While many people may be familiar with the physical violence that all too commonly plagues domestic relationships and results in restraining orders, many people may not be familiar with those other, less commonly ...

Posted By Lisa Steirman Harvey, Esq.

26

Jun 2018

Domestic Violence and Destruction of Property

Domestic violence is a serious crime and a serious problem. Thousands of victims in New Jersey suffer emotional, financial, and physical abuse at the hands of their partners or spouses. In an effort to protect the victims of domestic violence, New Jersey passed special legislation to address these crimes. Under the New Jersey law, statute 2C:25-17 includes destruction of property of another as ...

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26

Apr 2018

Civil Restraining Orders

Domestic violence remains a widespread problem in the United States, and New Jersey, unfortunately, is no exception. The New Jersey Prevention of Domestic Violence Act provides options for victims of domestic violence to obtain protection from their abusers. One method is to request a restraining order from the court to prevent the abuser from coming around or contacting the victim. This is ...

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22

Mar 2018

Motions in Limine and Domestic Violence – L.C. v. M.A.J.

During any type of family law case, as with any other case, there are a large variety of procedural issues that must be skillfully handled to ensure that the party’s case is properly and completely presented to the court. One tool available to attorneys to accomplish this goal is called a “motion in limine. ” This type of motion is one that asks that the court prevent particular pieces of evidence ...

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16

Jan 2018

Ways to Spot Financial Abuse

When domestic abuse is brought up, most people immediately think of physical abuse. Bruises, scratches, and broken bones are easy to see and identify in person. Emotional abuse is also a common type of abuse. Abusers will expend a lot of energy to make their victims feel isolated or small. An often overlooked type of abuse is financial abuse. It is an unfortunate reality in domestic situations and ...

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04

Dec 2017

Domestic Violence and Cyber Harassment

Domestic violence exists on an alarming scale, and it comes in many forms, including physical, psychological, financial, and a whole other range of acts. In recognition of the impact of domestic violence, New Jersey has enacted very specific laws to help protect the victims and provide harsh punishments for the abusers. In December 2016, another step was taken to help protect domestic violence ...

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07

Nov 2017

Harassment and Restraining Orders in a Divorce

Hurt feelings and angry words are often a part of divorce. It is to be expected that one or both spouses are very upset when the relationship finally falls apart. These feelings can be extremely strong for one or both parties, and often lead to one person making inappropriate and hurtful comments. While this is unfortunate, it is a fairly normal part of the process. The real problem occurs when ...

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11

Oct 2017

T.M.S. v. W.C.P. - Reinstatement of a Dismissed Restraining Order

The New Jersey legislature and courts have prioritized creating and enforcing laws to protect victims of domestic violence. The Prevention of Domestic Violence Act contains provisions providing for victims of domestic violence to obtain protection immediately as well as protection extending into the future. The Act allows victims to seek and obtain a permanent restraining order against their ...

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02

Oct 2017

Domestic Violence, Privacy Rights, and State v. Bryant

It is an unfortunate reality that domestic violence is still a very real ongoing problem in the United States, and New Jersey is no exception. New Jersey has taken statutory steps to help curb the problem and help domestic violence victims get protection. Domestic violence cases are an area where family law and criminal law will frequently overlap, as victims of domestic violence may be married to ...

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21

Apr 2017

Final Domestic Violence Order Cannot Be Agreed To

The vast majority of divorces and other family law cases end in settlements. This practice helps bring otherwise complicated and emotionally difficult situations to a swift end. It also helps the parties to maintain a degree of control over their particular situation, as a settlement agreement allows the parties to carefully craft terms that are custom tailored to their families and their needs. ...

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14

Apr 2017

Domestic Violence - Silver v. Silver and A.M.C. v. P.B.

Domestic violence is still a pervasive problem in the United States, and New Jersey is no exception. If domestic violence is an issue in a relationship, the abused partner can request a final restraining order under the New Jersey Prevention of Domestic Violence Act. The law recognizes that domestic violence comes in many forms, and provides a method of seeking protection to victims of domestic ...

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30

Dec 2016

PAST INDISCRETIONS AND CHILD CUSTODY

No one is perfect, although we all try to be as perfect as possible for our children. In custody battles, the court will look to the past behavior of the parents to determine what custody arrangement is in the child’s best interest . When you have skeletons in your closet, an examination of your history can be intimidating. The good news is that past indiscretions don’t automatically have any ...

Posted By Previte Nachlinger

22

Dec 2016

DOMESTIC VIOLENCE AND RESTRAINING ORDERS

Domestic violence is a very real problem, with thousands of women and men being victimized every year. In New Jersey, special protections are afforded to victims of domestic violence under the Prevention of Domestic Violence Act (“PDVA”). Under this law, domestic violence includes not just physical assault, but other offenses such as kidnapping, threats, sexual assault, stalking, and many other ...

Posted By Previte Nachlinger

11

Nov 2016

MOVING MONEY, CHANGING LOCKS, AND BEGINNING A DIVORCE

Separation from a spouse is a painful time, but for many couples, once the inevitability of a pending divorce is established, they are eager to start separating their lives and finances. There are rules regarding how the financial and physical separation should begin, and when it should begin. In many states, when a divorce is filed, there is an automatic injunction that goes into place keeping ...

Posted By Previte Nachlinger

16

Aug 2016

RECORD YOUR SPOUSE: IT IS LEGAL AND SAFE

Record your spouse? Is that what the title said? Yes! The best advice that we give our clients, who live with a spouse they are divorcing, is to record any and all interactions you have with them. Protect yourself from allegations that can escalate your legal fees, prolong your divorce and inflect significant emotion anguish. THE LAW. Let’s start with the law. The New Jersey Wiretapping and ...

Posted By Previte Nachlinger

21

Feb 2016

FILING PAPERS WITH THE COURT....WHAT DO ALL THESE LETTERS MEAN??

Many people do not understand what all of the abbreviations, as known as docket numbers, stand for in the Family Court System and do not understand which one applies to them. Below you will find a breakdown of the most common docket types and how to know which one you should use. The first set of docket numbers pertain to restraining orders. The FV docket is for Domestic Violence Actions. You will ...

Posted By Previte Nachlinger

05

Oct 2015

I Got Served With A Temporary Restraining Order. What Do I Do Now?

This blog is intended to explain what the Defendant (the one who was served with the temporary restraining order) needs to do at the final hearing. Part II of this series explains what to do from the Plaintiff’s perspective. If you are a Defendant, you will find the information in that blog helpful. However, this blog is intended to tell you exactly what you should do from a Defendant’s ...

Posted By Previte Nachlinger

27

Sep 2015

I Got A Temporary Restraining Order....What Now?

Part 2 Of Our Domestic Violence Series This blog is intended to explain what the Plaintiff (the one who got the Temporary Restraining Order) needs to do at the final hearing. However, if you are a Defendant, you will find this information helpful as well. So you got your Temporary Restraining Order, also called a TRO. Now what? Just by virtue of its name, it’s not permanent. It is only temporary ...

Posted By Previte Nachlinger

20

Sep 2015

A Ham Sandwich Can Get A Temporary Restraining Order

Domestic Violence Series — Part I You may have heard the expression that a grand jury could indict a ham sandwich. Well, it is not a great leap to say the same about a temporary restraining order. It’s just not that hard to get one. This series will give you some general information about the process of obtaining a Restraining Order beginning with the Temporary Restraining Order (TRO) and the ...

Posted By Previte Nachlinger