Search Rutgers Law Library N.J. Court Opinions

106 F.L. v. L.A.B. -- rank: 660

... A.B., pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35 ("the Act"). The court also awarded plaintiff $4500 in counsel fees under N.J.S.A. 2C:25-29b(4). Defendant now appeals the entry of the FRO ... rejected these contentions, and so do we. The governing statute, N.J.S.A. 2C:25-17 to -35, evidences New Jersey's strong policy against ... violence the maximum protection from abuse the law can provide." N.J.S.A. 2C:25-18. Under the Act, a "victim of domestic violence" is ... other person who is a present or former household member. [ N.J.S.A. 2C:25-19d.] Domestic violence, in turn, is defined as "the occurrence ... of enumerated acts, which include harassment 1 and stalking. 2 N.J.S.A. 2C:25-19a(13), (14). The pivotal question for purposes of ...

docket:	a5215-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-23
status:	unpublished
citation:
Document Size:	43105

107 H.C.F. v. J.T.B. -- rank: 660

... wife) pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. We affirm. We summarize the relevant facts ... if the court determines "by a preponderance of the evidence[,]" N.J.S.A. 2C:25-29(a)(1), that the defendant has committed an act ... of domestic violence "upon a person protected under" the PDVA. N.J.S.A. 2C:25-19(a). A person protected under the PDVA includes "any ... person with whom the victim has a child in common[.]" N.J.S.A. 2C:25-19(d). The term "domestic violence" is defined in N.J.S.A. 2C:25-19(a) to mean "the occurrence of one or more ... one or more of the predicate acts set forth in N.J.S.A. [2C:25-19(a)] has occurred." Id. at 125. Although a ...

docket:	a5618-14
court:	NJ Superior Court Appellate Division
decided:	2017-09-07
status:	unpublished
citation:
Document Size:	38091

108 /usr/local/share/www/libweb/collections/courts/appellate/a1358-19.opn.html -- rank: 660

... 2019, pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35.1 We affirm. I. We briefly summarize ... and (2) failed to evaluate all of the factors in N.J.S.A. 2C:25-29(a) in determining whether an FRO was necessary to ... harassment under N.J.S.A. 2C:33-4. See N.J.S.A. 2C:25-19(a). N.J.S.A. 2C:33- 4 provides ... the factors relevant to the issuance of an FRO in N.J.S.A. 2C:25-29(a)(1) to (6), as required by Silver v ... has committed one of the predicate acts set forth in N.J.S.A. 2C:25-19(a). Ibid. If the plaintiff has established that the ... did not explicitly review all six factors set forth in N.J.S.A. 2C:25-29(a)(1) to (6). However, based on the ...

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109 L.M v. L.J.L -- rank: 660

... against him under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. We affirm. I. Defendant and plaintiff, L ... 1, is also a predicate act under the PDVA. See N.J.S.A. 2C:25-19(a)(2). A person commits simple assault if he ... violence the maximum protection from abuse the law can provide.' N.J.S.A. 2C:25-18. In furtherance of that objective, N.J.S.A. 2C:25-28(a) provides that '[a] plaintiff may apply for relief ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred.' Id. at 125. The trial court ... 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 ...

docket:	a0477-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-27
status:	Unpublished
citation:
Document Size:	26925

110 IN THE MATTER OF THE SEIZURE OF WEAPONS BELONGING TO A. K -- rank: 660

... under the Prevention of Domestic Violence Act of 1991 (PDVA), N.J.S.A. 2C:25-17 to -35. After their seizure and the subsequent resolution ... can provide.' F.M., 225 N.J. at 509 (quoting N.J.S.A. 2C:25-18). 'Because the presence of weapons can heighten the risk ... expose the victim to a risk of serious bodily injury.' N.J.S.A. 2C:25-21(d)(1). In addition, if the A-2046-20 ... to the person accused of the act of domestic violence.' N.J.S.A. 2C:25-21(d)(1)(b). Any firearm seized under the PDVA ... days of seizure unless the prosecutor pursues a forfeiture action. N.J.S.A. 2C:25-21(d)(3). If forfeiture is pursued, after a hearing ... or that the domestic violence action has not been dismissed, N.J.S.A. 2C:25-21(d)(1)(3), or the court determines the ...

docket:	a2046-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-18
status:	Unpublished
citation:
Document Size:	30146

111 State v. Vincent Dispoto -- rank: 660

... II. The New Jersey Prevention of Domestic Violence Act (NJPDVA), N.J.S.A. 2C:25-17 to -33, gives relief to individuals who have been ... an abuser and to seek emergency ex parte relief. See N.J.S.A. 2C:25-28a, -28f; Cesare v. Cesare , 154 N.J. 394 , 400 ... protect the life, health or well-being of a victim.” N.J.S.A. 2C:25-28f. In addition, the NJPDVA permits the issuance of a ... cause further and potentially fatal harm to the victim. See N.J.S.A. 2C:25-28j. Moreover, the NJPDVA authorizes expeditious and efficient implementation of ... minor:     . . . (3) Terroristic threats N.J.S. 2C:12-3. [ N.J.S.A. 2C:25-19a.] An individual commits the third-degree crime of terroristic ... that a domestic violence search warrant can issue pursuant to N.J.S.A. 2C:25-28j based on a finding of “reasonable cause” to ...

docket:	a-103-05
court:	njsupreme
decided:	2007-01-18
status:
citation:	189 N.J. 108
Document Size:	51293

112 L.D., JR v. S.L.D. -- rank: 660

... against him under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. Defendant argues the trial judge erred in ... v. Chenque-Puey, 145 N.J. 334, 340 (1996) (citing N.J.S.A. 2C:25-18). The PDVA protects adults and emancipated minors who have ... household member or was at any time a household member.' N.J.S.A. 2C:25-19(d); R.G. v. R.G., 449 N.J ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred.' Id. at 125 (citing N.J.S.A. 2C:25-29(a)). The judge is also required to consider 'any ... whether a restraining order is necessary to protect the plaintiff. N.J.S.A. 2C:25-29(a)(1); see also D.M.R. v. ...

docket:	a0689-22
court:	NJ Superior Court Appellate Division
decided:	2023-10-02
status:	Unpublished
citation:
Document Size:	21316

113 S.M v. J.O -- rank: 658

... pursuant to the Prevention of Domestic Violence Act (DV Act), N.J.S.A. 2C:25-17 to -35. We affirm. I. We discern the following ... person with whom the victim has had a dating relationship." N.J.S.A. 2C:25-19(d). The parties had such a relationship, so the ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred." Ibid. "The second inquiry, upon a ... one of the predicate offenses listed in the DV Act. N.J.S.A. 2C:25-19(a)(13). Under the facts of this case, Sarah ... the issue of stalking, which is a predicate act under N.J.S.A. 2C:25-19(a)(14). It is defined as follows: A person ...

docket:	a1691-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-07
status:	unpublished
citation:
Document Size:	36223

114 N.J v. J.J -- rank: 658

... pursuant to the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35, at the conclusion of a fourteen-day ... ex parte, with service on the defendant to follow. See N.J.S.A. 2C:25-28 and -29; R. 5:7A. That is what occurred ... the parties were in a relationship covered by the statute, N.J.S.A. 2C:25-19(d); (2) whether Nora demonstrated by a preponderance of ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a); N.J.S.A. 2C:25-29(a), which also may be illuminated by a prior ... based upon an evaluation of the factors set forth in N.J.S.A. 2C:25-29(a)(1) to (6), to protect Nora from ...

docket:	a1920-14
court:	New Jersey Superior Court Appellate Division
decided:	2016-05-05
status:	Published
citation:
Document Size:	48484

115 A.B.A. v. T.A. -- rank: 658

... under the Prevention of Domestic Violence Act of 1991 (PDVA), N.J.S.A. 2C:25-17 to -35. The court found that, following the parties ... predicate acts of domestic violence, criminal coercion and harassment, under N.J.S.A. 2C:25-19(a)(15) and -19(a)(13), and issued a ... restrictions on defendant's contacts with plaintiff, the court, citing N.J.S.A. 2C:25-29(b), ordered that copyrights to the videotapes be transferred ... matter of law because it did not have jurisdiction under N.J.S.A. 2C:25-29(b) 6 A-5500-15T4 to order assignment of ... copyright in the videotapes. 8 A-5500-15T 4 Although N.J.S.A. 2C:25-29(b) allows a court evaluating a DV claim to ... alleged in the third amended complaint is criminal coercion under N.J.S.A. 2C:25-19(a)(15), which was not proven. Finally, assuming ...

docket:	a5500-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-26
status:	unpublished
citation:
Document Size:	57832

116 STATE OF NEW JERSEY IN THE INTEREST OF DANNY BURT'S WEAPONS -- rank: 658

... and his firearms purchaser's identification card seized pursuant to N.J.S.A. 2C:25-21d(3), the Domestic Violence Forfeiture Statute, and denying his ... pursuant to the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 to -35, that the M1 carbine cannot be returned ... 2C:39-1w, thereby satisfying the Domestic Violence Forfeiture Statute, N.J.S.A. 2C:25-21d(3), and disqualifying Burt from obtaining a firearms purchaser ... DOES NOT AUTOMATICALLY MAKE HIM SUBJECT TO THE PROVISIONS OF N.J.S.A. 2C:25-21(d)(3) AND THE REVOCATION OF HIS FIREARMS PURCHASER ... does not in and of itself satisfy the requirements of N.J.S.A. 2C:25-21(d)(3)." The argument is utterly without merit. The ... a reason set forth in the Domestic Violence Forfeiture Statute, N.J.S.A. 2C:25-21(d)(3)." Millburn , supra , 197 N.J. at ...

docket:	a4797-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-09-15
status:	Published
citation:
Document Size:	13845

117 A.F. v. M.M -- rank: 658

... him pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, following a finding of the predicate act ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred.' Id. at 125. The evidence must ... protection under the PDVA based on the criteria established in N.J.S.A. 2C:25-19(d), which includes being 'subjected to domestic violence' by ... 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 ... prevent further abuse.' Id. at 127. Factors set forth in N.J.S.A. 2C:25-29(a) include '[t]he previous history of domestic violence ... or property;' and '[t]he best interests of the victim . . . .' N.J.S.A. 2C:25-29(a)(1), (2), (4). Harassment is one of ...

docket:	a4368-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-10
status:	Unpublished
citation:
Document Size:	38097

118 IN THE MATTER OF THE SEIZURE OF WEAPONS OF JOSEPH W RADLER -- rank: 658

... under the Prevention of Domestic Violence Act (Domestic Violence Act), N.J.S.A. 2C:25-17 to 2C:25-35, seeking the forfeiture of firearms ... for the use, possession, or ownership of weapons pursuant to N.J.S.A. 2C:25-21d(3)(c). At a hearing based on stipulated facts ... former wife under the Domestic Violence Act. As authorized under N.J.S.A. 2C:25-21d(1)(b), the detectives seized eleven different kinds of ... set forth in N.J.S.A. 2C:58-3c. " N.J.S.A. 2C:25-21d(3) (emphasis added). The applicable standard here requires the ... satisfied the State has met its burden of proof under N.J.S.A. 2C:25-21d(3) and N.J.S.A. 2C:58-3c ... or ownership of firearms, which constitutes grounds for forfeiture under [ N.J.S.A. ] 2C:25-21(d). The knowing violation of the gun laws ...

docket:	a5051-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-08-12
status:	Published
citation:
Document Size:	19976

119 R.D. v. L.S.B -- rank: 656

... to the New Jersey Prevention of Domestic Violence Act (NJPDVA), N.J.S.A. 2C:25-17 to -35. Plaintiff also appeals from a March 3 ... state a proper basis for the restraints sought, pursuant to N.J.S.A. 2C:25-28(i). Defendant noted she had not been in contact ... as: (1) one of the 'domestic violence' acts enumerated under N.J.S.A. 2C:25-19(a) is present; (2) such act was inflicted upon a person protected under N.J.S.A. 2C:25-19(d); and (3) such action is venued pursuant under N.J.S.A. 2C:25-28(a), either: (a) where alleged act of domestic violence ... 137 (2005). Here, plaintiff alleged the predicate acts of harassment, N.J.S.A. 2C:25-19(a)(13), and criminal coercion, N.J.S. ...

docket:	a2711-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-15
status:	Unpublished
citation:
Document Size:	29079

120 A.T v. R.T -- rank: 656

... 2011, pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. The order barred him from having any ... consider the previous history, if any, of domestic violence, see N.J.S.A. 2C:25-29(a)(1) or to be certain of the relevant ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) had occurred. In performing that function, "The act ... predicate acts listed in the statute are "stalking" and "harassment." N.J.S.A. 2C:25-19(a). If the court finds a predicate act, then ... and 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 ... existence of a verifiable order of protection from another jurisdiction. [ N.J.S.A. 2C:25-29(a).] Here, the trial court's findings met ...

docket:	a3707-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-30
status:	unpublished
citation:
Document Size:	53882