Search Rutgers Law Library N.J. Court Opinions

16 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 697

... trial court, after vacating the final restraining order pursuant to N.J.S.A. 2C:25-29(d) and Carfagno v. Carfagno, 288 N.J. Super. 424 ... New York order of protection, was not automatically admissible pursuant N.J.S.A. 2C:25-29(a)(1), as that provision is limited to the history ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size:	151111

17 D.H. v. C.H. -- rank: 692

... prong Silver analysis as well as the factors delineated in N.J.S.A. 2C:25-29, the judge found that the entry of an FRO was ... the judge reiterated that he considered the factors delineated in N.J.S.A. 2C:25-29(a) and determined that only N.J.S.A. 2C:25-29(a)(1), pertaining to a 'previous history of domestic violence' between the parties, and N.J.S.A. 2C:25-29(a)(2), pertaining to '[t]he existence of immediate danger ... or property[,]' were applicable. 5 The judge also 5 Under N.J.S.A. 2C:25-29(a), in determining whether to issue final restraints, [t]he ... previous history of domestic violence including 'harassment and physical abuse,' N.J.S.A. 2C:25-29(a)(1), based on the parties' 'volatile relationship,' A- ...

docket:	a0322-18
court:	NJ Superior Court Appellate Division
decided:	2019-04-04
status:	Unpublished
citation:
Document Size:	36969

18 A.J.S. v. J.Y.E -- rank: 682

... necessary, upon an evaluation of the factors set forth in N.J.S.A. 2C:25-29(a)(1) to -29(a)(6), to protect the victim ... further abuse.' Silver, 387 N.J. Super. at 127 (citing N.J.S.A. 2C:25-29(b) (stating '[i]n proceedings in which complaints for restraining ... violence between the [parties], including threats, harassment and physical abuse[,]' N.J.S.A. 2C:25-29(a)(1), and '[t]he existence of immediate danger to person or property,' N.J.S.A. 2C:25-29(a)(2). The PDVA identifies predicate acts of domestic violence ... necessary, upon an evaluation of the factors set forth in N.J.S.A. 2C:25- - 29(a)(1) to -29(a)(6), to protect the victim ... the judge must evaluate the six factors set forth in N.J.S.A. 2C:25-29(a) to determine whether granting a FRO is necessary ' ...

docket:	a1969-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-03
status:	Unpublished
citation:
Document Size:	33730

19 E.J v. M.W -- rank: 682

... 4:50-1(f) and dissolving the FROs pursuant to N.J.S.A. 2C:25-29(d). The statute allows the court to dissolve or modify an FRO '[u]pon good cause shown.' 6 N.J.S.A. 2C:25-29(d). At the outset of the hearing on defendant's ... the hearing or hearings on which the order was based.' N.J.S.A. 2C:25-29(d). Here, the judge who issued the 2013 FRO retired ... explained defendant's request for dissolution of the FRO under N.J.S.A. 2C:25-29(d) required either consideration of the factors set forth in ... s request for relief under Rule 4:50-1 and N.J.S.A. 2C:25-29(d). This appeal followed. II. The findings of a Family ... or modification of an FRO '[u]pon good cause shown.' N.J.S.A. 2C:25-29(d). 'Generally, a court may dissolve an injunction where ...

docket:	a2228-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-06
status:	Unpublished
citation:
Document Size:	43481

20 B.D. v. L.N. -- rank: 680

... J.S.A. 2C:25-19[(a)] has occurred. See N.J.S.A. 2C:25-29[(a)] (stating that 'the standard for proving the allegations in ... whether there is an immediate danger to person or property. N.J.S.A. 2C:25-29(a)(1) and (2). A-0888-18T4 10 If the ... necessary, upon an evaluation of the factors set forth in N.J.S.A. 2C:25-29(a)(1) to -29(a)(6), to protect the victim ... issued, the trial court must consider the factors enumerated in N.J.S.A. 2C:25- 29(a) and determine whether an FRO is needed 'to protect ... existence of a verifiable order of protection from another jurisdiction. [N.J.S.A. 2C:25-29(a).] Performing this second inquiry 'serves to ensure that the ... court shall grant any relief necessary to prevent further abuse.' N.J.S.A. 2C:25-29(b). Here, the judge stated that based on the ...

docket:	a0888-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-05
status:	Unpublished
citation:
Document Size:	27796

21 E.S.K v. M.K -- rank: 680

... to include plaintiff's girlfriend as a protected party under N.J.S.A. 2C:25-29(b)(7). I. We summarize the facts from the record ... that finding, the court considered the factors set forth in N.J.S.A. 2C:25-29(a)(1) to (6). In particular, the trial court was ... apply for attorney's fees and costs in accordance with N.J.S.A. 2C:25-29(b)(4). Plaintiff then filed an application, including a certification ... a) has occurred.' Id. at 125 (citation reformatted); see also N.J.S.A. 2C:25-29(a) (providing that an FRO may only be granted 'after ... D.F., 207 N.J. 458, 475-76 (2011) (quoting N.J.S.A. 2C:25-29(b) and explaining that an FRO should not be issued ... court made specific findings concerning the factors set forth in N.J.S.A. 2C:25-29(a)(1) to (6). In that regard, the trial ...

docket:	a3835-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-13
status:	Unpublished
citation:
Document Size:	37945

22 /usr/local/share/www/libweb/collections/courts/appellate/a0095-21.opn.html -- rank: 677

... and it failed to consider the factors set forth in N.J.S.A. 2C:25-29(a)(1) to (6). For the reasons stated in this ... to consider all of the statutory factors set forth in N.J.S.A. 2C:25-29(a)(1) to (6). According to plaintiff, under those factors ... finding that relief is 'necessary to prevent further abuse' (quoting N.J.S.A. 2C:25-29(b))). This 'second prong set forth in Silver requires [that ... court was required to consider, under the factors enumerated in N.J.S.A. 2C:25-29(a)(1) to (6), whether an FRO was necessary 'to ... existence of a verifiable order of protection from another jurisdiction. [N.J.S.A. 2C:25-29.] The court may also look to other relevant factors not ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	48792

23 STATE OF NEW JERSEY v. EDWARD DUPREY -- rank: 677

... examination in a related criminal trial, despite the language of N.J.S.A. 2C:25-29(a) that "testimony given by the plaintiff or defendant in ... the motion judge erred by ignoring the clear language of N.J.S.A. 2C:25-29(a) prohibiting the use of the testimony of either party ... A. We start our analysis with the question of whether N.J.S.A. 2C:25-29(a) should be read to prohibit the use of testimony ... supra , 205 N.J. at 323-24). In pertinent part, N.J.S.A. 2C:25-29(a) provides as follows: If a criminal complaint arising out ... rules of evidence that govern where a party is unavailable. N.J.S.A. 2C:25-29(a) was enacted in 1991, as part of the DV ... State v. Williams , 184 N.J. 432 , 444 (2005)). Although N.J.S.A. 2C:25-29(a) prohibits use of a DV defendant's testimony ...

docket:	a5469-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-01
status:	published
citation:	427 N.J.Super. 314 48 A.3d 419
Document Size:	40229

24 A.S. v. R.S -- rank: 672

... domestic violence, it must then consider the factors enumerated in N.J.S.A. 2C:25-29(a)(1) to (6) to determine whether an FRO is ... A court should consider '[t]he nonexclusive statutory factors [in N.J.S.A. 2C:25-29(a)(1) to (6),] includ[ing] the 'previous history of ... D.D.B., 442 N.J. Super. at 223 (quoting N.J.S.A. 2C:25-29(a)(1)-(2), (4)). Nonetheless, we have held that [w ... violence, the trial court must still evaluate the factors in N.J.S.A. 2C:25-29(a)(1) to -(6) to determine whether an FRO is ... founded on its consideration of the factors set forth in N.J.S.A. 2C:25-29(a)(1) to (6). For example, the court relied on ... violence' between the parties, 'including threats, harassment, and physical abuse.' N.J.S.A. 2C:25-29(a)(1). The court accepted plaintiff's testimony that ...

docket:	a0942-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-20
status:	Unpublished
citation:
Document Size:	32206

25 H.L.W v. BRUCE D. DAWSON -- rank: 667

... necessary, upon an evaluation of the factors set forth in N.J.S.A. 2C:25-29(a)(1) to -29(a)(6), to protect the victim ... existence of a verifiable order of protection from another jurisdiction. [ N.J.S.A. 2C:25-29(a).] Because some of the aforementioned factors are "relevant only to the fashioning of a domestic violence remedy, N.J.S.A. 2C:25-29(a) does not mandate that a trial court incorporate all ... previous history of domestic violence . . . between the plaintiff and defendant," N.J.S.A. 2C:25-29(a)(1), and specifically found that an FRO was warranted ...

docket:	a4533-09
court:	superior court trial
decided:	2011-03-03
status:	Published
citation:
Document Size:	40432

26 A.M.O. v. J.W.O., JR -- rank: 665

... plaintiff $7,815 in counsel fees as compensatory damages under N.J.S.A. 2C:25-29(b)(4). On appeal, defendant contends there is insufficient evidence ... 2C:25-19[(a)] has occurred.' Id. at 125 (citing N.J.S.A. 2C:25-29(a)). Here, plaintiff alleged that defendant engaged in harassment. A ... necessary, upon an evaluation of the factors set forth in N.J.S.A. 2C:25-29[(a)](1) to -29[(a)](6), to protect the victim ... an FRO. The judge also considered the factors enumerated in N.J.S.A. 2C:25-29(a)(1) to (6): (1) The previous history of domestic ... existence of a verifiable order of protection from another jurisdiction. [N.J.S.A. 2C:25-29.] The judge may also look to other relevant factors not ... remarks. Under the PDVA, counsel fees are deemed compensatory damages. N.J.S.A. 2C:25-29(b)(4). Defendant asserts the award of counsel fees ...

docket:	a0250-21
court:	NJ Superior Court Appellate Division
decided:	2022-09-22
status:	Unpublished
citation:
Document Size:	46445

27 L.A.1 v. A.A.E -- rank: 662

... second Silver prong, the judge analyzed the statutory factors under N.J.S.A. 2C:25-29(a)(1) through (6), finding 'complete attempts to control the ... rights, by allowing 'any relief necessary to prevent further abuse.' N.J.S.A. 2C:25-29(b). Such relief may include 'restraining the defendant from [contacting ... restricting parenting time, or awarding plaintiff emergency monetary relief. See N.J.S.A. 2C:25-29(b)(1)-(19). Under N.J.S.A. 2C:25 ... Court within [ten] days of the filing of a complaint.' N.J.S.A. 2C:25-29(a); see also State of New Jersey A-2724-20 ... necessary, upon an evaluation of the factors set forth in N.J.S.A. 2C:25- 29(a)(1) to -29(a)(6), to protect the victim ... five-year- long relationship, which the judge carefully considered under N.J.S.A. 2C:25- 29(a)(1)-(6). Indeed, the record clearly establishes that ...

docket:	a2724-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-26
status:	Unpublished
citation:
Document Size:	47343

28 C.A.L v. A.C. -- rank: 662

... did not have a history of domestic violence; and (c) N.J.S.A. 2C:25-29 factors (a)(3) – (a)(5) were nonexistent and not ... necessary, upon an evaluation of the factors set forth in N.J.S.A. 2C:25-29(a)(1) – 29(a)(6).' Id. at 127. But ... because some factors may be irrelevant to a given circumstance, ' N.J.S.A. 2C:25-29(a) does not mandate that a trial court incorporate all ... of domestic violence' perpetrated by defendant against plaintiff, pursuant to N.J.S.A. 2C:25- 29(a)(1), concluding: in December [2021] . . . he slapped her [in ... Defendant contends the judge erred by failing to specifically cite N.J.S.A. 2C:25-29(a)(4) or (a)(5). The lack of an explicit ... found that an FRO was in plaintiff's 'best interest.' N.J.S.A. 2C:25-29(a)(4). The trial judge detailed that plaintiff needs ...

docket:	a0099-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-14
status:	Unpublished
citation:
Document Size:	26127

29 B.E v. J.L -- rank: 660

... necessary, upon an evaluation of the factors set forth in N.J.S.A. 2C:25-29(a)(1) to -29(a)(6), to protect the victim ... prevent further abuse. [Silver, 387 N.J. Super. at 127.] N.J.S.A. 2C:25-29(a) provides '[t]he court shall consider but not be ... including the previous history of domestic violence between the parties, N.J.S.A. 2C:25-29(a)(1). '[W]hether the victim fears the defendant' is ... C.C., 463 N.J. Super. at 436; see also N.J.S.A. 2C:25-29(b) ('[T]he court shall A-0481-22 8 grant ... necessary, upon an evaluation of the [factors] set forth in N.J.S.A. 2C:25-29(a)(1) to -29(a)(6), to protect the victim ... existence of a verifiable order of protection from another jurisdiction. [N.J.S.A. 2C:25-29(a).] Emphasizing the need to evaluate these factors, the ...

docket:	a0481-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-16
status:	Unpublished
citation:
Document Size:	31926

30 R.G. v. R.G. -- rank: 657

... the plaintiff and defendant , including threats, harassment and physical abuse[.]" N.J.S.A. 2C:25-29(a)(1) (emphasis added). Also admissible is "[t]he existence of a verifiable order of protection from another jurisdiction." N.J.S.A. 2C:25-29(a)(6). However, in this matter, the admission of evidence ... State v. Marrero , 148 N.J. 469 , 483 (1997). Although N.J.S.A. 2C:25-29(a)(1) permits the introduction of evidence of the "previous ... evidence regarding a defendant's past altercations with others. Rather, N.J.S.A. 2C:25-29(a)(1) and (6), limits the trial court's consideration ... between defendant and defendant's son was not permitted by N.J.S.A. 2C:25-29(a)(1). Nor was it offered to be used for ... whether immediate danger to the person or property is present. N.J.S.A. 2C:25-29(a)(1) and (2). This requirement reflects the reality ...

docket:	a0945-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-14
status:	published
citation:	449 N.J.Super. 208 156 A.3d 1074
Document Size:	62581