Search Rutgers Law Library N.J. Court Opinions

16 Gayatri Shah v. Mayank Shah -- rank: 787

... Mayank under the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 to –33 (Domestic Violence Act or Act). An ex ... a complaint and seek emergency ex parte relief. Pursuant to N.J.S.A. 2C:25-28a. The logic of that provision is unassailable: a victim ... a judge of the Family Part issues a further order." N.J.S.A. 2C:25-28i. (Pp. 20-21). The judgment of the Appellate Division ... protections of the [Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 to -33] when the abuser enters the State and ... defendant resides, or where the plaintiff resides or is sheltered,” N.J.S.A. 2C:25-28a, New Jersey courts have the authority to issue ex ... both that “the plaintiff is in danger of domestic violence,” N.J.S.A. 2C:25-28g, and that the temporary restraining order is “necessary ...

docket:	a-93-04
court:	njsupreme
decided:	2005-06-30
status:
citation:	183 N.J. 259
Document Size:	65515

17 N.T.B. v. D.D.B. -- rank: 780

... violence pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. The matter arises from two domestic disputes ... domestic violence through the predicate act of criminal mischief. See N.J.S.A. 2C:25-19(a). The PDVA was enacted in furtherance of New ... the enumerated acts upon a person covered by the PDVA. N.J.S.A. 2C:25-19(a). When determining whether to grant an FRO pursuant ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19[(a)] has occurred.' Id. at 125; see also N.J.S.A. 2C:25-29(a) (providing that an FRO may only be granted ... was committed'); R. 5:7A(d) (mirroring the language of N.J.S.A. 2C:25-29(a)). However, the occurrence of a predicate act ...

docket:	a4542-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-09
status:	published
citation:	442 N.J.Super. 205 121 A.3d 910
Document Size:	40517

18 M.M.-C. v. I.I. -- rank: 778

... M.-C. pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35 (PDVA) based on harassment N.J.S ... FRO, 5 imposed a civil penalty of $250 pursuant to N.J.S.A. 2C:25-29 and ordered defendant into a Batterers Intervention Program. This ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) upon a person protected under the PDVA. N.J.S.A. 2C:25-19. N.J.S.A. 2C:25-28(a) authorizes a victim to file a complaint alleging ... Part of the Chancery Division and to seek temporary restraints. N.J.S.A. 2C:25-28(f)-(j). Under N.J.S.A. 2C: ...

docket:	a2276-14
court:	NJ Superior Court Appellate Division
decided:	2016-06-01
status:	unpublished
citation:
Document Size:	50457

19 M.M.-C. v. I.I. -- rank: 778

... M.-C. pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35 (PDVA) based on harassment N.J.S ... FRO, 5 imposed a civil penalty of $250 pursuant to N.J.S.A. 2C:25-29 and ordered defendant into a Batterers Intervention Program. This ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) upon a person protected under the PDVA. N.J.S.A. 2C:25-19. N.J.S.A. 2C:25-28(a) authorizes a victim to file a complaint alleging ... Part of the Chancery Division and to seek temporary restraints. N.J.S.A. 2C:25-28(f)-(j). Under N.J.S.A. 2C: ...

docket:	a2276-14
court:	NJ Superior Court Appellate Division
decided:	2016-06-01
status:	unpublished
citation:
Document Size:	50446

20 D.N. v. K.M. -- rank: 766

... arising under the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35. We will recite the common facts and ... 387 N.J. Super. 112 , 125-27 (App. Div. 2006); N.J.S.A. 2C:25-29b, we need not disturb the FRO entered in K ... along with an order granting the additional relief available under N.J.S.A. 2C:25-29b, does not result in a "consequence of sufficient magnitude ... 186 N.J. at 147-49. A complaint filed under N.J.S.A. 2C:25-28, seeking entry of a restraining order in accordance with N.J.S.A. 2C:25-29, also allows the court, upon a finding of domestic ... effects from exposure to domestic violence." [ Id. at 473 (quoting N.J.S.A. 2C:25-18).] Although the Legislature has concluded a person who ...

docket:	a3022-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-24
status:	published
citation:	429 N.J.Super. 592 61 A.3d 150
Document Size:	56705

21 State of New Jersey v. Noel Reyes -- rank: 766

... determines whether the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 to –33 (Domestic Violence Act or Act), authorizes New ... as amici curiae . HELD : New Jersey’s Domestic Violence Act, N.J.S.A. 2C:25-17 to –33, authorizes New Jersey courts to issue domestic ... determine whether the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 to -33 (Domestic Violence Act or Act), authorizes New ... more predicate offenses against a person protected under the Act. N.J.S.A. 2C:25-19. The Act sets forth fourteen predicate offenses, including assault ... Cesare v. Cesare , 154 N.J. 394 , 399 (1998) (citing N.J.S.A. 2C:25-28a, a victim alleging the commission of an act of ... shall follow the same procedures applicable to other emergency applications.         [ N.J.S.A. 2C:25-28a (emphasis added).] Pursuant to that provision, courts will ...

docket:	a-37-01
court:	njsupreme
decided:	2002-05-21
status:
citation:	172 N.J. 154
Document Size:	49846

22 D.N. v. K.M. -- rank: 766

... arising under the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35. We will recite the common facts and ... 387 N.J. Super. 112 , 125-27 (App. Div. 2006); N.J.S.A. 2C:25-29b, we need not disturb the FRO entered in K ... along with an order granting the additional relief available under N.J.S.A. 2C:25-29b, does not result in a "consequence of sufficient magnitude ... 186 N.J. at 147-49. A complaint filed under N.J.S.A. 2C:25-28, seeking entry of a restraining order in accordance with N.J.S.A. 2C:25-29, also allows the court, upon a finding of domestic ... effects from exposure to domestic violence." [ Id. at 473 (quoting N.J.S.A. 2C:25-18).] Although the Legislature has concluded a person who ...

docket:	a3021-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-24
status:	published
citation:
Document Size:	56643

23 D.H. v. C.H. -- rank: 760

... H., pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. Because we agree with plaintiff that the ... 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 ... 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 ... 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, [ ...

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

24 T.L. v. J.D.G -- rank: 757

... against him pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, based on the predicate act of harassment ... a relationship bringing the complained of conduct within the statute, N.J.S.A. 2C:25-19(d); the defendant committed an act designated as domestic violence, N.J.S.A. 2C:25-19(a); and the 'restraining order is 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 ... t]he best interests of the victim and any child,' N.J.S.A. 2C:25-29 (a)(4), is one of the six factors listed in N.J.S.A. 2C:25-29 a court may consider, that factor, like '[t] ...

docket:	a1791-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-26
status:	Unpublished
citation:
Document Size:	74693

25 S.D. v. M.J.R. -- rank: 755

... contact. The New Jersey Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, was enacted in its present form in 1991. In N.J.S.A. 2C:25-18, the Legislature set forth its findings and declaration, stating ... of a domestic situation. The PDVA defines "domestic violence" in N.J.S.A. 2C:25-19 to mean the infliction of one or more of ... listed are assault, N.J.S.A. 2C:18-3. N.J.S.A. 2C:25-28a authorizes a victim to file a complaint alleging an ... Part of the Chancery Division and to seek temporary restraints. N.J.S.A. 2C:25-28f-j. N.J.S.A. 2C:25-29 then requires that a hearing be conducted within ...

docket:	a6107-08
court:	superior court appellate division
decided:	2010-07-23
status:	published
citation:	415 N.J. Super. 417 2 A.3d 412
Document Size:	112885

26 /usr/local/share/www/libweb/collections/courts/appellate/a3623-18.opn.html -- rank: 753

... him pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35.2 The trial court found defendant harassed ... the predicate acts A-3623-18T1 12 set forth in N.J.S.A. 2C:25-19(a) has occurred.' Id. at 125; see also N.J.S.A. 2C:25-29(a) (providing that an FRO may only be granted ... a), of at least one of the offenses enumerated in N.J.S.A. 2C:25-19(a). The PDVA is codified as a chapter in ... The definition of the term 'domestic violence' set forth in N.J.S.A. 2C:25-19(a) lists nineteen offenses that are defined elsewhere in ... We hold this basic principle of incorporation by reference in N.J.S.A. 2C:25-19(a) applies whether the elements of a listed ...

docket:
court:
decided:
status:
citation:
Document Size:	45803

27 IN THE MATTER OF THE APPEAL OF THE DENIAL OF M.U.'S APPLICATION -- rank: 753

... 207, 209-10 (2010) (holding Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, constitutional because 'the right to possess firearms ... were seized pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35 (PDVA), after a temporary restraining order was ... person accused of committing domestic violence.' Id. at 533 (citing N.J.S.A. 2C:25-21(d)(1)(a), (1)(b)). The court explained 'that ... for use, possession, or ownership of such weapons.'' Ibid. (quoting N.J.S.A. 2C:25-21(d)(3)). The facts in F.M. and Cordoma ... history of domestic violence. Accordingly, the forfeiture procedure codified in N.J.S.A. 2C:25-21(d)(3) does not apply. We also recognize that ...

docket:	a2535-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-21
status:	Published
citation:
Document Size:	131573

28 R.G. v. R.G. -- rank: 751

... restraining order pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35 (the Act). On appeal, defendant argues the ... who are brothers, fall within the amended jurisdictional provision of N.J.S.A. 2C:25-19(d). However, we agree the facts as presented do ... change to the definition of a "Victim of Domestic Violence," N.J.S.A. 2C:25-19(d), which we agree resolves the jurisdictional issue presented ... 426 N.J. Super. 398 , 409 (App. Div. 2012) (quoting N.J.S.A. 2C:25-19(d) (1994), amended by L. 2015, c. 98 Â ... household member or was at any time a household member. [ N.J.S.A. 2C:25-19(d).] Defendant's attack here refers to the prior ... liberally. Cesare , supra , 154 N.J. at 400. See also N.J.S.A. 2C:25-18 (reciting the legislature's intent to provide victims ...

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

29 B.A.F. v. H.D.N -- rank: 751

... against him under the Prevention of Domestic Violence Act ('PDVA'), N.J.S.A. 2C:25-17 to -35. We affirm. I. Plaintiff B.A.F ... and self-evident,' and subsequently addressed the statutory factors under N.J.S.A. 2C:25-29(a)(1) to (6), finding plaintiff needed an FRO ... violence the maximum protection from abuse the law can provide.' N.J.S.A. 2C:25-18. The PDVA protects victims of domestic violence, which include ... person with whom the victim has had a dating relationship.' 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:25-29(a) has occurred.' Id. at 125. Next, the court evaluates the factors set forth in N.J.S.A. 2C:25-29(a)(1) to -(6) and determines whether an ...

docket:	a0956-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-30
status:	Unpublished
citation:
Document Size:	30409

30 STATE OF NEW JERSEY v. E.C. -- rank: 748

... contact order under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, we affirm. In State v. Beauchamp , 262 ... customarily entered in the Family Part." Id. at 538-39. N.J.S.A. 2C:25-27(a) provides: When a defendant is found guilty of ... an individual commits one or more predicate acts, enumerated in N.J.S.A. 2C:25-19(a), upon a person protected under the Act as defined in N.J.S.A. 2C:25-19(d). Defendant points out that "nearly two years after the incident, but prior to sentencing, N.J.S.A. 2C:25-19(a) was amended to include a catchall provision among ... serious bodily injury to a person protected under the "[PDVA.] [ N.J.S.A. 2C:25-19(a)(18).] Accordingly, defendant argues the court "was ...

docket:	a5204-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-07
status:	unpublished
citation:
Document Size:	28421