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Appellate Courts › Domestic Violence

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Appellate Gambols: April Fool’s Edition

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In the days before digital printers, anyone who appealed a trial court ruling needed to find a printing company to print both his appellate brief and the record of the trial on an actual printing press so that it could be...more

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Remote Proceedings: Zooming Past Litigants’ Due Process Rights

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In January 2020, the Appellate Division considered an important question: how should a judge assess a party’s request to appear at a trial and present testimony by way of video transmission? The timing of this consideration...more

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Has The Court Of Appeals Unfriended Its Amicus?

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The recent opinion of the North Carolina Court of Appeals in M.E. v. T.J., No. COA18-1045 has more twists than a Chubby Checker look-alike contest. The opinion is long and the facts and procedure are somewhat convoluted, but...more

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A Victim Of Domestic Violence Need Not Have Disclosed The Abuse To Another To Establish A Predicate Act Of Domestic Violence

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Victims of abuse have many reasons for not reporting prior acts of domestic violence – either to friends, family, co-workers, etc. or the police. Logically, the failure to report does not negate the fact that the abuse...more

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The Appellate Division Reaffirms The Basic Tenets Of Who You Can Get A Final Restraining Order Against

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It is important to understand the requirements to obtain a Final Restraining Order or to defend against the entry of one. Through case law and the New Jersey legislature, there are specific requirements that need to be met. ...more

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New Jersey Appellate Division Examines The Meaning Of “Dating Relationship” In Domestic Violence Cases.

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I have written about the requirements of obtaining a domestic violence final restraining order (“FRO”) under the New Jersey Prevention Against Domestic Violence Act (“the Act”) previously on this blog. One of the three main...more

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Appellate Division Examines Proofs Required To Establish Mental Incapacity And Lack Of Consent Under The Sexual Assault Survivor...

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In a recent published (i.e. precedential) decision, C.R. v. M.T., the New Jersey Appellate Division elaborated upon the legal standard proving that a sexual encounter during which one party was intoxicated was non-consensual...more

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