Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. W.C. -- rank: 1000

... Emma), pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35.1 The State contends the court erred ... possessing weapons or holding a firearms purchaser identification card under N.J.S.A. 2C:25-29(b) for two years following entry of a final ... a result, the State was entitled to forfeiture pursuant to N.J.S.A. 2C:25-21(d)(3). Unpersuaded by the State's argument, we ... N.J.S.A. 2C:33-4, under the PDVA, N.J.S.A. 2C:25-19(a)(13), by standing outside Emma's home while ... that it was entitled to forfeiture of the weapons under N.J.S.A. 2C:25-21(d)(3) because the issuance of a permit to ... State argued only that it was entitled to forfeiture because N.J.S.A. 2C:25-29(b) barred the return of defendant's weapons ...

docket:	a0800-20
court:	NJ Superior Court Appellate Division
decided:	2021-06-24
status:	Published
citation:
Document Size:	52495

2 State v. Carlton Harris -- rank: 954

... “reasonable cause” under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, may be admitted in a subsequent criminal ... of serious bodily injury,” the officer must seize it. N.J.S.A. 2C:25-21(d)(1). Another part of the statute deals with ... order and states that the alleged abuser may have weapons. N.J.S.A 2C:25-28(j) provides that the court may order “the ... located.” Here, the search and seizure was conducted under N.J.S.A 2C:25-28(j). (pp. 13-15) 2. The federal and state ... 358 N.J. Super. 151 (App. Div. 2003), arose under N.J.S.A. 2C:25-21(d), not N.J.S.A. 2C:25-28(j). In Perkins , the defendant’s wife reported ...

docket:	A-111-10
court:	NJ Supreme Court
decided:	2012-08-16
status:
citation:
Document Size:	148149

3 C.R. v. M. T. \t -- rank: 902

... 2C:14-16(a) -- whereas the PDVA lists six, see N.J.S.A. 2C:25-29(a). The Legislature could have duplicated the second factor ... he existence of immediate danger to person or property,” N.J.S.A. 2C:25-29(a)(2) -- in SASPA, but it did not. In ... Order (FRO)] under [the] Prevention of Domestic Violence Act [PDVA], N.J.S.A. 2C:25-17 to -35.” Yet when the Legislature enacted SASPA ... under the Prevention of Domestic Violence Act of 1991 (PDVA), N.J.S.A. 2C:25-17 to -35, to seek temporary and permanent civil protective ... a person with whom the victim had a dating relationship. N.J.S.A. 2C:25-19(d). A person who is “subjected to sexual ... allows survivors to “seek emergency, ex parte relief.” N.J.S.A. 2C:25-28(f). Under SASPA, that relief is a TPO; ...

docket:	a_47_22
court:	supreme
decided:	2024-04-19
status:	Published
citation:
Document Size:	136563

4 M.S. v. Millburn Police Department, et al. -- rank: 898

... filed a petition to forfeit the five handguns pursuant to N.J.S.A. 2C: 25-21 (d) (3) of the Prevention of Domestic Violence Act ... a reason set forth in the Domestic Violence Forfeiture Statute, N.J.S.A. 2C: 25-21 (d) (3). 1. In 1997, when the Essex County ... forfeit plaintiff’s seized handguns, the Domestic Violence Forfeiture Statute, N.J.S.A. 2C: 25-21 (d) (3), set forth the path for pursuing the ... whether the Prosecutor’s Office would have succeeded at the N.J.S.A. 2C: 25-21 (d) (3) forfeiture proceeding. If the Prosecutor’s Office ... then filed a petition to forfeit those handguns pursuant to N.J.S.A. 2C:25-21(d)(3) of the Prevention of Domestic Violence Act ... card or a firearm under the Domestic Violence Forfeiture Statute, N.J.S.A. 2C:25-21(d)(3). Nor was there a judicial finding ...

docket:	a-80-08
court:
decided:	2008-12-23
status:
citation:	197 N.J. 216
Document Size:	82217

5 A.M.C. v. P.B. -- rank: 889

... FRO), pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, even though it found that her husband ... issued by the Middlesex County Family Part, as required by N.J.S.A. 2C:25-28(l). Further, "the clerk of the court or other ... a TRO had been issued against defendant, as required under N.J.S.A. 2C:25-28(n). These failures also violated the procedures for service ... Part considered plaintiff's ex parte application, as authorized by N.J.S.A. 2C:25-28(i) and Rule 5:7A(a), and granted plaintiff ... any issued permit to carry a firearm." As required by N.J.S.A. 2C:25-28(l), the form order directed all law enforcement, including ... conduct and failed to consider the relevant statutory factors in N.J.S.A. 2C:25-29a(1) to –(6). Plaintiff argues the trial ...

docket:	a4730-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-21
status:	published
citation:	447 N.J.Super. 402 148 A.3d 754
Document Size:	68258

6 S.P v. NEWARK POLICE DEPARTMENT -- rank: 875

... and the Prevention of Domestic Violence Act of 1991 (PDVA), N.J.S.A. 2C:25-1 to -35. We consider whether a victim and her ... members" under the PDVA. We also consider whether the PDVA, N.J.S.A. 2C:25-21, expressly creates an exception to the immunity provisions of ... to arrest and remove the assailant pursuant to the PDVA, N.J.S.A. 2C:25-21. Noting both sides "concede that the [PDVA] provides an ... officers that imposed an obligation to arrest under the PDVA, N.J.S.A. 2C:25-21, and whether the officers acted in good faith to afford them qualified immunity under the PDVA, N.J.S.A. 2C:25-22. We affirm the court's finding that these boarders ... and remove Louis Alfredo Santiago, Jr. pursuant to the PDVA, N.J.S.A. 2C:25-21, after S.P. reported to police that Santiago ...

docket:	a5591-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-27
status:	published
citation:	428 N.J.Super. 210 52 A.3d 178
Document Size:	68777

7 STATE OF NEW JERSEY v. M.D. -- rank: 818

... to the Prevention of Domestic Violence Act of 1991 (PDVA), N.J.S.A. 2C:25-21(d)(3), to obtain title to defendant's weapons ... provision of the PDVA to seek a weapon forfeiture under N.J.S.A. 2C:25-21(a) was subsection 4, which provides a law enforcement ... involved in the commission of an act of domestic violence." N.J.S.A. 2C:25-21(a)(4). Since the police did not arrest or ... defendant, the judge ordered there could be no forfeiture under N.J.S.A. 2C:25-21(a)(4). The judge also considered the application of N.J.S.A. 2C:25-21(b) to the State's petition, finding that the provision may apply if N.J.S.A. 2C:25-21(a)(4) does not apply, where a law ...

docket:	a1468-14
court:	NJ Superior Court Appellate Division
decided:	2015-09-10
status:	unpublished
citation:
Document Size:	31381

8 J.D. v. M.D.F. -- rank: 816

... Final Restraining Order under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35. Based on J.D.’s complaint ... brought pursuant to the Prevention of Domestic Violence Act (Act), N.J.S.A. 2C:25-17 to -35, are conducted. First, we consider the due ... complaint. III. New Jersey’s Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, sets forth the Legislature’s purpose and ... deep and lasting emotional effects from exposure to domestic violence. [ N.J.S.A. 2C:25-18.] We have echoed the breadth of the Legislature’s ... found within the New Jersey Code of Criminal Justice. See N.J.S.A. 2C:25-19a. It provides that the commission of a predicate act ... the definition of a “victim of domestic violence,” N.J.S.A. 2C:25-19d, constitutes domestic violence and authorizes the court to ...

docket:	a-115-09
court:	superior court trial
decided:	2011-07-28
status:
citation:
Document Size:	96681

9 N.G v. R.T -- rank: 807

... entered pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. Plaintiff N.G. cross-appeals. We affirm ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19a has occurred.' Silver, 387 N.J. Super. at 125 ... pursuant to' N.J.S.A 2C:29-9(b). N.J.S.A. 2C:25- 19(a)(17). A person is guilty of contempt if ... necessary, upon an evaluation of the factors set forth in N.J.S.A. 2C:25- - 29a(1) to -29a(6), to protect the victim from ... prevent further abuse.' Id. at 127. The factors enumerated in N.J.S.A. 2C:25-29(a) include '[t]he previous history of domestic violence ... fear of defendant and the need for a restraining order. N.J.S.A. 2C:25-29(a). Defendant's arguments to the contrary are ...

docket:	a1425-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-28
status:	Unpublished
citation:
Document Size:	53633

10 Inthe Matter of the Application of the State of New Jersey for the Forfeiture of Personal Weapons and Firearms Identification Card Belonging to F.M. -- rank: 805

... pursuant to the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 to -35 (Domestic Violence Act), should be forfeited pursuant ... the maximum protection from abuse the law can provide.” N.J.S.A. 2C:25-18. “Because the presence of weapons can heighten the ... pursuant to the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 to -35 (Domestic Violence Act). 2 Both items were ... maximum protection from abuse the law can provide.” 17 N.J.S.A. 2C:25-18. In adopting the Domestic Violence Act, the Legislature made ... assure the safety of the victims and the public.” N.J.S.A. 2C:25-18. Accordingly, this Court has liberally construed the Domestic Violence ... to the person accused of the act of domestic violence. [ N.J.S.A. 2C:25-21(d)(1)(b).] Thereafter, the weapons are inventoried ...

docket:	A-60-14
court:	NJ Supreme Court
decided:	2016-06-30
status:
citation:	225 N.J. 487 139 A.3d 67
Document Size:	124284

11 STATE OF NEW JERSEY v. ROBERT L. JOHNSON, -- rank: 805

... 2000, pursuant to the Prevention of Domestic Violence Act (Act), N.J.S.A. 2C:25-17 to -35, and from an order dated June 11 ... See Cesare v. Cesare , 154 N.J. 394 , 399 (1998); N.J.S.A. 2C:25-18. Our constitutional mandate to provide all persons judicial protection ... issue. The purpose of a search warrant issued pursuant to N.J.S.A. 2C:25-28j is to protect the victim of domestic violence from ... Given this specific purpose of a search authorized pursuant to N.J.S.A. 2C:25-18j, we hold that to support issuance of a search ... helped. It is part of the law. . . . ����In this matter, N.J.S.A. 2C:25-28 is what is relied on in issuing this search ... someone cannot have a weapon. ����The reasonable cause part of [ N.J.S.A. 2C:25-28(j)], in this Court's determination, does not ...

docket:	a6660-00
court:	njappellate
decided:	2002-06-11
status:	published
citation:	352 N.J. Super. 15
Document Size:	70951

12 STATE OF NEW JERSEY IN THE INTEREST OF C.L.H. -- rank: 800

... pursuant to the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 to -35. Because we conclude the court erred in ... safekeeping pursuant to the Prevention of Domestic Violence Act. See N.J.S.A. 2C:25-28j; State v. Harris , 211 N.J. 566 , 580 (2012 ... seized by the sheriff's officers in April 2013, citing N.J.S.A. 2C:25-21d(3)(b). 3 That subsection of the statute allows ... are not to be returned following the hearing required under N.J.S.A. 2C:25-21d(3) to arrange for their sale to a registered ... S.A. 2C:39-1w, the Domestic Violence Forfeiture Statute, N.J.S.A. 2C:25-21d(3), disqualified C.L.H. from obtaining a firearms ... a reason set forth in the Domestic Violence Forfeiture Statute, N.J.S.A. 2C:25-21d(3), the weapons and C.L.H.'s ...

docket:	a0072-14
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:	443 N.J.Super. 48 126 A.3d 1258
Document Size:	40760

13 STATE OF NEW JERSEY v. JAMES HEMENWAY -- rank: 794

... against defendant under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, seeking a temporary restraining order (TRO). The ... sufficient evidence to issue a TRO against defendant pursuant to N.J.S.A. 2C:25-28(g). As authorized by N.J.S.A. 2C:25-28(j), the TRO included a provision 'prohibit[ing] . . . [defendant ... S.'s 'life, health or well-being' in accordance with N.J.S.A. 2C:25-28(f). The Criminal Part also found that defendant's ... person with whom the victim has had a dating relationship. [ N.J.S.A. 2C:25-19(d) (emphasis added).] 29 A-0622-15T2 Based on ... Part judge properly conducted an ex parte hearing pursuant to N.J.S.A. 2C:25-28(f). The testimonial evidence D.S. provided at ...

docket:	a-19-18
court:	NJ Supreme Court
decided:	2018-04-16
status:
citation:	--- A.3d ----
Document Size:	84255

14 STATE OF NEW JERSEY v. JAMES HEMENWAY -- rank: 791

... against defendant under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, seeking a temporary restraining order (TRO). The ... sufficient evidence to issue a TRO against defendant pursuant to N.J.S.A. 2C:25-28(g). As authorized by N.J.S.A. 2C:25-28(j), the TRO included a provision 'prohibit[ing] . . . [defendant ... S.'s 'life, health or well-being' in accordance with N.J.S.A. 2C:25-28(f). The Criminal Part also found that defendant's ... person with whom the victim has had a dating relationship. [ N.J.S.A. 2C:25-19(d) (emphasis added).] 29 A-0622-15T2 Based on ... Part judge properly conducted an ex parte hearing pursuant to N.J.S.A. 2C:25-28(f). The testimonial evidence D.S. provided at ...

docket:	a0622-15
court:	NJ Superior Court Appellate Division
decided:	2018-04-16
status:	published
citation:	454 N.J.Super. 303 185 A.3d 877
Document Size:	136078

15 STATE OF NEW JERSEY v. CARLTON HARRIS -- rank: 789

... the provisions of the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, may be used in a criminal prosecution ... in the execution of a PDVA search warrant for weapons, N.J.S.A. 2C:25-28(j). In precluding the use of the evidence, the ... Part issued a temporary restraining order (TRO) under the PDVA. N.J.S.A. 2C:25-28(f); see also R. 5:7A(c). In addition ... the Criminal Code in 1981, L. 1981, c. 426. See N.J.S.A. 2C:25-1 to -16. The initial statutory provisions were repealed and ... violence the maximum protection from abuse the law can provide. [ N.J.S.A. 2C:25-18.] See also Crespo v. Crespo , 408 N.J. Super ... a victim to request police initiation of a criminal complaint, N.J.S.A. 2C:25-21, or request a TRO from the Family Part, ...

docket:	a6112-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-10
status:	unpublished
citation:
Document Size:	61221