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256 State of New Jersey v. Thomas A. Cassidy -- rank: 606

... has as its backdrop the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to –33 (the Act), which authorizes the issuance of ... than an individual problem; it is an offense against society. N.J.S.A. 2C:25-18. The legislative findings recognize that domestic violence affects thousands ... apply for an emergency TRO on an ex parte basis. N.J.S.A. 2C:25-28f (“A municipal court judge or a judge of the ... believe the weapon is located and any other appropriate relief.” N.J.S.A. 2C:25-28j. A TRO may be issued notwithstanding that the applicant ... applicant who is not physically present, pursuant to court rules.” N.J.S.A. 2C:25-28h. In such circumstances, the judge must be “satisfied that ... the officer reasonably believes would expose the victim to harm. N.J.S.A . 2C:25-21d (emphasis added). That language appears to contemplate that ...

docket:	a-43-02
court:	njsupreme
decided:	2004-03-30
status:
citation:	179 N.J. 150
Document Size:	55305

257 M.J.S.,1 v. C.R.A.S -- rank: 606

... against her under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. Defendant argues the Family Part judge erred ... 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 ... have been 'subjected to domestic violence by a . . . former spouse.' 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) A-0698-22 7 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:	a0698-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-14
status:	Unpublished
citation:
Document Size:	22826

258 IN THE MATTER OF SEIZURE OF FIREARMS, REVOCATION OF FIREARMS ID CARD, AND FORFEITURE OF RIGHT TO OWN FIREARMS BY GREEN BROOK TOWNSHIP AGAINST T.F. -- rank: 606

... TRO) pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. As a result, police seized appellant's ... to F.M., 225 N.J. 487, 509 (2016) (quoting N.J.S.A. 2C:25-18). 'Because the presence of weapons can heighten the risk ... criteria set forth in the Domestic Violence Forfeiture Statute (DVFS), N.J.S.A. 2C:25-21(d)(3),4 to determine whether the May 2007 ... J.S.A. 2C:58-3(c)(8). Ibid. 4 N.J.S.A. 2C:25-21(d)(3) requires the State to formally move to ... Law Division judge did not misconstrue the law. Pursuant to N.J.S.A. 2C:25-21(d)(3), appellant is clearly subject to the disability ...

docket:	a1334-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-04
status:	Unpublished
citation:
Document Size:	17555

259 J.E.S v. A.S., JR -- rank: 604

... defendant under the Prevention of Domestic Violence Act of 1991, N.J.S.A . 2C:25-17 to -35. The trial court held two days of ... necessary, upon an evaluation of the facts set forth in N.J.S.A. 2C:25-29(a)(1) to -29(a)(6), to protect the ... 76 (citation omitted). Two of the criteria set forth in N.J.S.A. 2C:25-29(a) are "[t]he previous history of domestic violence ... t]he existence of immediate danger to person or property." N.J.S.A. 2C:25-29(a)(1), (2). Defendant argues that plaintiff sought a ...

docket:	a1103-14
court:	New Jersey Superior Court Appellate Division
decided:	2016-11-11
status:	Published
citation:
Document Size:	38141

260 J.D v. C.C -- rank: 604

... Order (FRO) pursuant to the Prevention of Domestic Violence Act. N.J.S.A. 2C:25-17 to -35. The FRO was issued based upon a ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred. In performing that function, the Act ... 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 ... Although the court should assess the factors set forth in N.J.S.A. 2C:25-29(a)(1) to -29(a)(6), to determine if ... not limit the court's consideration to those factors. See N.J.S.A. 2C:25-29(a) (listing the factors a 'court shall consider but ...

docket:	a5713-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-09-30
status:	Published
citation:
Document Size:	18948

261 M.K.B. v. J.R.B. -- rank: 604

... there cannot be a finding of fear by plaintiff under N.J.S.A. 2C:25-29a or silver v. silver , 387 N.J. Super. 112 ... of an enumerated list of crimes upon a protected person. N.J.S.A. 2C:25-19. Before an FRO can be issued, a court must ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred." Silver v. Silver , 387 N.J. Super. 112 , 125 (App. Div. 2006) (citing N.J.S.A. 2C:25-29(a)). Second, upon finding the commission of a predicate ... violence between the parties including threats, harassment and physical abuse, N.J.S.A. 2C:25-29(a)(1), and the existence of immediate danger to person or property, N.J.S.A. 2C:25-29(a)(2).'" Id. at 123 (quoting Kamen v. ...

docket:	a1967-13
court:	superior court trial
decided:	2015-02-23
status:	unpublished
citation:
Document Size:	37179

262 T.T. v. A.L. -- rank: 604

... FRO pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, a trial court must make two determinations ... the predicate A-3538-21 3 acts set forth in N.J.S.A. 2C:25-19(a) has occurred.' Id. at 125. The PDVA defines ... one or more predicate acts constituting specified crimes or offenses. N.J.S.A. 2C:25-19(a). After finding a predicate act pursuant to N.J.S.A. 2C:25-19(a), 'the judge must determine whether a restraining order ... 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.' Silver, 387 N.J. Super. at 127. N.J.S.A. 2C:25-29 provides '[t]he court shall consider but not ...

docket:	a3538-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-10
status:	Unpublished
citation:
Document Size:	16311

263 A.M., v. E.M -- rank: 604

... M., pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, based on the predicate act of harassment ... 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). Here, plaintiff alleged that defendant engaged in ... 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).] A-3482-21 11 Although the court is ... 281 N.J. Super. 243, 248 (App. Div. 1995) (citing N.J.S.A. 2C:25-29(a)(1)-(2)). The court must exercise care ' ...

docket:	a3482-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-20
status:	Unpublished
citation:
Document Size:	26939

264 S.O. VS. S.S. -- rank: 604

... order ('FRO') under the Prevention of Domestic Violence Act ('PDVA'), N.J.S.A. 2C:25-17 to -35. We affirm. I. This case arises out ... 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 ... danger or to prevent further abuse.' Id. at 127 (citing N.J.S.A. 2C:25-29(b) (stating, '[i]n proceedings in which complaints for ... defined by N.J.S.A. 2C:17-3(a). N.J.S.A. 2C:25-19(a)(10). An individual commits criminal mischief if he ...

docket:	a2235-22
court:	appellate
decided:	2024-05-30
status:	Unpublished
citation:
Document Size:	19520

265 M.K.B. v. J.R.B. -- rank: 604

... there cannot be a finding of fear by plaintiff under N.J.S.A. 2C:25-29a or silver v. silver , 387 N.J. Super. 112 ... of an enumerated list of crimes upon a protected person. N.J.S.A. 2C:25-19. Before an FRO can be issued, a court must ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred." Silver v. Silver , 387 N.J. Super. 112 , 125 (App. Div. 2006) (citing N.J.S.A. 2C:25-29(a)). Second, upon finding the commission of a predicate ... violence between the parties including threats, harassment and physical abuse, N.J.S.A. 2C:25-29(a)(1), and the existence of immediate danger to person or property, N.J.S.A. 2C:25-29(a)(2).'" Id. at 123 (quoting Kamen v. ...

docket:	a1966-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-23
status:	unpublished
citation:
Document Size:	37284

266 D.A.R v. E.A.R -- rank: 604

... plaintiff pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. Plaintiff D.A.R. cross-appeals, arguing ... plaintiff's request to submit a certification of services under N.J.S.A. 2C:25-29 to obtain $15,013. in counsel fees. The court ... hearing on the fee application and awarded plaintiff fees under N.J.S.A. 2C:25-29(b)(4) because she was successful in prosecuting a ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred.' Id. at 125. Second, the judge ... the judge must evaluat e the factors set forth in N.J.S.A. 2C:25-29(a)(1) to -29(a)(6) and, applying those ... 281 N.J. Super. 243, 248 (App. Div. 1995) (citing N.J.S.A. 2C:25- 29(a)(1), (2)). Here, based on the credible ...

docket:	a0853-20
court:	NJ Superior Court Appellate Division
decided:	2023-01-12
status:	Unpublished
citation:
Document Size:	24317

267 STATE OF NEW JERSEY v. M.F -- rank: 604

... against defendant pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35. On June 10, 2015, the Family Part ... persons offense over which the Family Part had jurisdiction. See N.J.S.A. 2C:25-30 (providing the Family Part has jurisdiction over contempt charges ... Family Part did not have jurisdiction over that charge. See N.J.S.A. 2C:25-30. In addition, the court did not find an essential ...

docket:	a3602-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-09
status:	unpublished
citation:
Document Size:	71568

268 N.M. v. V.N. -- rank: 604

... to the Prevention of Domestic Violence Act of 1991 (PDVA), N.J.S.A. 2C:25-17 to -35, based on harassment, N.J.S.A ... 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 plaintiff 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). The offense of harassment at ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred." Ibid. Second, upon a finding that ... 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:	a3788-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-07
status:	unpublished
citation:
Document Size:	24519

269 STATE OF NEW JERSEY v. CHARLES A. LEWIS -- rank: 601

... to the New Jersey Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. In a single point, he argues on ... restraining order to conduct a search for weapons, pursuant to N.J.S.A. 2C:25-28j, based on the victim's ex parte testimony before ... at stake" advanced by a search warrant issued pursuant to N.J.S.A. 2C:25-28j, 1 is "to further the legislative intent to provide ... s motion to suppress the crack cocaine. A ffirmed. 1 N.J.S.A. 2C:25-28j provides: Emergency relief may include forbidding the defendant from ...

docket:	a4242-10
court:	New Jersey Superior Court Appellate Division
decided:	2013-08-12
status:	Published
citation:
Document Size:	23385

270 J.M v. A.A -- rank: 601

... J.M., pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35; awarding plaintiff her attorney's fees; and ... time. Counsel argued defendant's application was procedurally defective under N.J.S.A. 2C:25-29(d) for having failed to supply the court with ... for having to defend a meritless motion. After having reviewed N.J.S.A. 2C:25-29(d), the statute permitting a Family Part judge to ... for a total award of $4,382.30 pursuant to N.J.S.A. 2C:25-29(b)(4). Defendant moved for reconsideration, arguing he had ... he was seeking only to a final restraining order under N.J.S.A. 2C:25-29(d): '(1) whether the victim consented to lift the ... the hearing or hearings on which the order was based.' N.J.S.A. 2C:25-29(d) (emphasis added). Because he was not the ...

docket:	a1023-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-17
status:	Unpublished
citation:
Document Size:	18126