Search Rutgers Law Library N.J. Court Opinions

181 R.F. v. B.F -- rank: 633

... husband, pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, based on harassment, N.J.S.A ... act of harassment; the judge did not fully analyze the N.J.S.A. 2C:25- - 29(a) factors; the judge erred in finding defendant committed ... the defendant committed one of the predicate acts referenced in N.J.S.A. 2C:25-19(a), which incorporates harassment, N.J.S.A. 2C ... 313 N.J. Super. 600, 607 (App. Div. 1998); see N.J.S.A. 2C:25-29(a)(1). A finding of harassment requires proof that ... of the [factors] set forth in A-2760-21 9 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).] Although the court is not required to ...

docket:	a2760-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-09
status:	Unpublished
citation:
Document Size:	25067

182 D.L. v. J.A -- rank: 631

... to the Prevention of Domestic Violence Act of 1991 (PDVA), N.J.S.A. 2C:25-17 to -35. She argues such a 'bifurcation' is contrary ... violence the maximum protection from abuse the law can provide.' N.J.S.A. 2C:25-18. 'The Legislature attempted to address the problem 10 A ... victim has had a dating relationship. 11 A-2452-20 [ N.J.S.A. 2C:25-19(a), (d).] Terroristic threats are defined, in pertinent part ... complaint alleging the commission of an act of domestic violence. . . .,' N.J.S.A. 2C:25-29(a), and seek a TRO on that basis, N.J.S.A. 2C:25-28(f). The court must engage in a two-prong ... has proved the allegations by a preponderance of the evidence. N.J.S.A. 2C:25-29(a). '[I]n a domestic violence context, a ...

docket:	a2452-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-19
status:	Unpublished
citation:
Document Size:	28240

183 A.R. v. G.R. -- rank: 631

... FRO) under the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35, entered after a trial on June 11 ... basic principles concerning domestic violence cases. In adopting the Act, N.J.S.A. 2C:25-17 to -35, the Legislature declared "that domestic violence is ... in some cases even killed by their spouses or cohabitants." N.J.S.A. 2C:25-18. The Legislature intended the Act "to assure the victims ... 280 N.J. Super. 47, 53 (App. Div. 1995) (quoting N.J.S.A. 2C:25-18). The term "[v]ictim of domestic violence" refers to ... who are living together, as the parties here formerly did. N.J.S.A. 2C:25-19d. "Domestic violence" is defined as the occurrence of one ... criminal acts inflicted upon a person protected by the Act. N.J.S.A. 2C:25-19a. Here, the TRO was granted based on the ...

docket:	a5727-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-10
status:	unpublished
citation:
Document Size:	16003

184 V.R.H v. N.F.C -- rank: 631

... 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 assault ... a relationship bringing the complained of conduct within the Act, 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 ... judge erred in failing to consider the four factors of N.J.S.A. 2C:25-29(a)(3) to -29(a)(6) defendant concedes do ... merit. See R. 2:11- 3(e)(1)(E). 1 N.J.S.A. 2C:25-29(a) provides in part: The courts shall consider ...

docket:	a2457-19
court:	NJ Superior Court Appellate Division
decided:	2021-09-01
status:	Unpublished
citation:
Document Size:	24172

185 D.K. VS. J.N. -- rank: 631

... K., pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. Because the court's finding an FRO ... N.J. Super. 492, 504 (App. Div. 2007)); see also N.J.S.A. 2C:25-18. Consequently, '[o]ur law is particularly solicitous of victims ... 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)). If the court finds the defendant committed 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 ... existence of a verifiable order of protection from another jurisdiction. [N.J.S.A. 2C:25-29(a).] Although the court is not required to ...

docket:	a0338-23
court:	appellate
decided:	2024-06-04
status:	Unpublished
citation:
Document Size:	36127

186 R.J.T. v. A.V.T. -- rank: 631

... pursuant to the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35. She argues the evidence presented by plaintiff ... 140 N.J. 366 , 378 (1995). A complaint filed under N.J.S.A. 2C:25-28, seeking an FRO in accordance with N.J.S.A. 2C:25-29, allows a court, upon a finding of domestic violence ... 2011). The Criminal Code defines offenses which constitute domestic violence. N.J.S.A. 2C:25-19(a). See also E.M.B. v. R.F ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred." Ibid. Second, the judge must also ... abuse.'" J.D. , supra , 207 N.J. at 476 (quoting N.J.S.A. 2C:25-29b). In this regard, it is well-established that ...

docket:	a1720-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-27
status:	unpublished
citation:
Document Size:	29304

187 S.A.P. v. J.L. -- rank: 631

... entered against him under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to-35 (the Act), and in favor of his ... J.L. committed a predicate act of domestic violence, see N.J.S.A. 2C:25-10(a), and that a FRO was necessary to prevent further abuse, see N.J.S.A. 2C:25-29(b), we affirm. In her complaint seeking a temporary ... 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 the ... or to prevent further abuse.' Id. at 127; see also N.J.S.A. 2C:25-29(b) ('In proceedings in which complaints for restraining ...

docket:	a3495-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-15
status:	Unpublished
citation:
Document Size:	25196

188 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.K.H. -- rank: 631

... address the restraining order with the Union County court. See N.J.S.A. 2C:25-29(d) (authorizing modification on a showing of good cause ...

docket:	a3684-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-19
status:	published
citation:
Document Size:	59011

189 L.E v. K.E.W -- rank: 631

... E., pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. This case presents unusual circumstances that test ... 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) (emphasis added). In R.G., we characterized the ... be liberally construed to achieve its salutary purposes.'); see also N.J.S.A. 2C:25-18 ('It is . . . the intent of the Legislature to assure ...

docket:	a5712-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-22
status:	Unpublished
citation:
Document Size:	47524

190 S.K v. J.H -- rank: 631

... meaning of the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35. Although plaintiff's unrebutted testimony -- that, one ... that: he or she is a "victim of domestic violence," N.J.S.A. 2C:25-19(d); the defendant committed a predicate act, N.J.S.A. 2C:25-19(a); and a restraining order "is necessary . . . to protect ... 387 N.J. Super. 112, 127 (App. Div. 2006) (citing N.J.S.A. 2C:25-29(b)). Here, only plaintiff testified at trial. Defendant did ... to be a "victim of domestic violence" as defined by N.J.S.A. 2C:25-19(d). Not every person injured by another is entitled ... at 257. To summarize, we hold that an interpretation of N.J.S.A. 2C:25-19(d) that would apply the Act to two ...

docket:	a1358-11
court:	NJ Superior Court Appellate Division
decided:	2012-06-06
status:	published
citation:	426 N.J. Super. 230 43 A.3d 1248
Document Size:	37792

191 STATE OF NEW JERSEY v. STEVEN RIZZITELLO -- rank: 628

... any crime or offense involving domestic violence," as defined in N.J.S.A. 2C:25-19 of the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, including crimes committed by a defendant while ...

docket:	a0536-15
court:	NJ Superior Court Appellate Division
decided:	2016-09-20
status:	published
citation:	447 N.J.Super. 301 147 A.3d 480
Document Size:	41398

192 V.J. v. A.D. -- rank: 626

... in accordance with the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. We affirm because the trial court's ... one or more of the acts covered by the PDVA. N.J.S.A. 2C:25-19(a). When determining whether to grant an FRO, a ... 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 ... finding that "relief is necessary to prevent further abuse" (quoting N.J.S.A. 2C:25-29(b))). Applying these standards to the arguments raised by ...

docket:	a2252-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-29
status:	unpublished
citation:
Document Size:	23503

193 A.W v. M.W -- rank: 626

... pursuant to New Jersey's Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, (Act). Defendant contends the trial court's ... or more of the fourteen crimes and offenses enumerated in N.J.S.A. 2C:25-19(a). Harassment under N.J.S.A. 2C:33 ... may entitle a party to the entry of a FRO. N.J.S.A. 2C:25-19(a)(13); N.J.S.A. 2C:25-29(b)(1), (6)-(7). Here, the trial court found ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred." Ibid . Second, if a defendant has ... violence can occur only between adults or emancipated minors. See N.J.S.A. 2C:25-19 (a) and (d). This archive is a service ...

docket:	a0759-14
court:	NJ Superior Court Appellate Division
decided:	2015-11-09
status:	unpublished
citation:
Document Size:	33019

194 STATE OF NEW JERSEY v. CARMELO PEREZ -- rank: 626

... State v. Cassidy , 179 N.J. 150 , 163-64 (2004); N.J.S.A. 2C:25-21d. We also hold that the motion judge violated his ... s residence conducted by the responding officers as authorized under N.J.S.A. 2C:25-21d and approved by the Court in Cassidy , as well ... on un-sworn ex parte telephonic testimony in violation of N.J.S.A. 2C:25-28h and Rule 5:7A(b). See also State v ... the officer reasonably believes would expose the victim to harm. N.J.S.A. 2C:25-21d (emphasis in original). That language appears to contemplate that ... officers were not only authorized, but indeed arguably obligated under N.J.S.A. 2C:25-21d to conduct a limited warrantless search of defendant's ... by the police officers in this case under Cassidy and N.J.S.A. 2C:25-21d. Finally, in the interest of clarity, we note ...

docket:	a1593-10
court:	NJ Superior Court Appellate Division
decided:	2013-09-16
status:	unpublished
citation:
Document Size:	53730

195 IN THE MATTER OF THE SEIZURE OF WEAPONS BELONGING TO R.M. -- rank: 626

... items seized by the Englewood Police Department (Englewood), pursuant to N.J.S.A. 2C:25- 21, when respondent was arrested two months earlier and charged ... card, and a handgun case. The State requested forfeiture under N.J.S.A. 2C:25-21(d)(3) and N.J.S.A. 2C:58 ... any special deference.'). Under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to - 35, an officer who finds probable cause to ... expose the victim to a risk of serious bodily injury.' N.J.S.A. 2C:25-21(d)(1)(b). This includes seizure of the purchaser ... weapons seized and to revoke any permits, licenses or authorizations. N.J.S.A. 2C:25-21(d)(3). It may object to the return of ... court determines that the domestic violence situation no longer exists. [N.J.S.A. 2C:25-21(d)(3).] Here, the State requested the forfeiture ...

docket:	a1029-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-19
status:	Unpublished
citation:
Document Size:	32322