Bar Exam Toolbox Podcast Episode 303: Listen and Learn -- Injunctions and Restraining Orders (Civ Pro)
The UAE government recently abrogated Federal Decree-Law No. 10/2019 and replaced it with Federal Decree-Law No. 13/2024 On the Protection from Domestic Violence (“Law”). The new Law is being hailed for its stricter...more
In California, the definition of “domestic violence” extends far beyond the traditional notions of physical and emotional harm. The definition of what constitutes “abuse” and “domestic violence” is no longer limited to acts...more
Very often, victims or purported victims of domestic violence hear about the concept of the cycle of domestic violence. Also, it is not uncommon for victims of domestic violence not to report acts of domestic violence once or...more
Sadly, it is not uncommon for parties to be “frequent flyers” in domestic violence court. Sometimes, the same party files and dismisses one or more times. Sometimes, parties settle with “civil restraints” or an Order in the...more
As technology becomes more integrated into our lives, it has introduced new challenges, particularly in domestic violence cases. One of the most alarming trends is the rise of cyber harassment, where individuals use...more
There are two main types of restraining orders you can obtain in New Jersey: A Temporary Restraining Order (TRO) is an emergency measure you can file to obtain immediate protection from your abuser. This order can be...more
Has your partner or a family member ever: - Isolated you from family or friends? - Controlled your access to food, medicine, money, transportation, or another basic needs? - Forbidden you from attending school or...more
It was long believed by many that if a defendant in a domestic violence hearing plead the 5th Amendment (i.e. chose not to testify on the grounds that it might incriminate him/herself), that the court could draw an adverse...more
In the sixteen years that I was a Wake County District Judge and District Attorney, I’d often be asked how to get a restraining order. The answer is relatively simple – the North Carolina General Assembly passed a law that...more
In the unpublished (non-precedential) decision of K.E.M. v. S.R.A., the Appellate Division used the trial court’s findings to reinstate a Final Restraining Order (“FRO”) based on the predicate act of cyber harassment....more
Earlier this month, I wrote a blog called Court’s Should Not Issue FROs to Address Parenting Issues. That blogged addressed a case where the trial court entered a Final Restraining Order (FRO) to remedy custody and parenting...more
Social media has become a prevalent part of people’s lives. Many people post about how great their life is or about the good things that their children do (guilty as charged.) Others debate politics. Some post pictures of the...more
What happens when a victim of domestic violence suffers a predicate act in a State outside of New Jersey and then seeks an order of protection in New Jersey? The general answer is… the victim is entitled to the full...more
October is Domestic Violence Awareness Month, a time to unite and support victims and survivors of abuse. New Jersey has one of the strongest Domestic Violence laws in the United States. It offers victims of domestic violence...more
It should come as no surprise that after the end of a relationship, people sometimes do bad things to the former love of their life. Really, it’s a tale as old as time. But what if, as an act of retaliation, a party makes a...more
The Appellate Division, in an unreported opinion titled J.D. v. A.M.W. addressed the trial court’s denial of the Plaintiff’s application for a Final Restraining Order (“FRO”) under the Prevention of Domestic Violence Act...more
After states began enacting differing domestic violence laws in the 20th century, the Violence Against Women Act was passed in 1994. This law nationally recognized domestic violence as an epidemic and provided funding for...more
The state of Colorado takes a strong stance against domestic violence and recognizes its devastating effects on individuals, families, and communities. Colorado's domestic violence laws are strict in order to protect victims...more
In a decision published on February 2, 2023 the Fifth Circuit U.S. Court of Appeals has ruled that a federal law barring domestic abusers from possessing guns while protection from abuse orders are in effect violates the 2nd...more
Due to today’s misconstrued versions of domestic violence altercations portrayed in tv shows and movies, many do not have an accurate understanding of how domestic violence cases are treated by law enforcement. Many...more
What a judge says before, during or after a hearing “off-the-record” likely sheds light on the Court’s decision making process including, but not limited to, what evidence was considered and whether the proper, relevant legal...more
The issue of domestic violence is universal and the UAE has taken bold steps to combat this issue. In this connection, the Federal Decree-Law No. 10/2019 On the Protection From Domestic Violence (Domestic Violence Law) has...more
Allegations and charges of domestic violence are taken seriously by the state of Ohio. Court systems in Ohio are responsible for protecting and assisting domestic violence victims. Additionally, it is their responsibility to...more
When an individual in Colorado is charged with a misdemeanor assault crime, they may fear that they are no longer able to own or purchase firearms. Whether or not an individual can own or purchase a gun after a minor assault...more
Seems pretty obvious that if a court is going to explain the ramifications of the right to have counsel in a domestic violence matter and the ramifications of the entry of a finding of domestic violence and the entry of a...more