1593 Results for [("N.J.S.A. 2C:25-")]

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31 M.S. v. D.H -- rank: 744

... plaintiff pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. We affirm. Plaintiff hired defendant as a ... AVAILABLE EVIDENCE DISCLOSED TO EXIST DURING THE FRO HEARING, VIOLATED [N.J.S.A.] . . . 2C:25-29 AND NECESSITATES RELIEF FROM THE FRO. A-1548-18T2 ... household member or was at any time a household member,' N.J.S.A. 2C:25-19(d); (2) '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 ... based 'upon an evaluation of the factors set forth in N.J.S.A. 2C:25-29a(1) to -29a(6),' a restraining order 'is necessary ... 417 N.J. Super. 622, 625 (App. Div. 2011) (quoting N.J.S.A. 2C:25-19(d)). Further, in J.S. v. J.F., ...

docket:	a1548-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-25
status:	Unpublished
citation:
Document Size:	47069

32 C.J. v. J.S. -- rank: 744

... order pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. The court entered a temporary domestic violence ... an act of domestic violence as defined by the PDVA, N.J.S.A. 2C:25-19(a),1 and issued an FRO against defendant. Defendant ... the complaint. 1 The court determined defendant assaulted plaintiff. See N.J.S.A. 2C:25-19(a)(2) and N.J.S.A. 2C:12 ... who have had domestic violence restraining orders entered against them, N.J.S.A. 2C:25-34.' Sloskey, 385 N.J. Super. at 541 (quoting Peterson ... 587, 593 (2014) (Albin, J., dissenting) (cataloging the consequences under N.J.S.A. 2C:25-29(b) resulting from entry of a domestic violence FRO ... the Judiciary[.]' J.S., 448 N.J. Super. at 22. N.J.S.A. 2C:25-34 requires the Administrative Office of the Courts to ...

docket:	a3485-16
court:	NJ Superior Court Appellate Division
decided:	2018-07-05
status:	unpublished
citation:
Document Size:	46041

33 KATHLEEN CESARE V. RICHARD CESARE -- rank: 742

... she signed a complaint under the Domestic Violence Act (Act). N.J.S.A. 2C:25-17 et seq. According to plaintiff, during their marriage her ... without referring to any specific criminal statute being violated, see N.J.S.A. 2C:25-19, whether the proofs before him were sufficient to constitute ... committed one of the enumerated classes of prohibited conduct in N.J.S.A. 2C:25-19 and that there was a "previous history of violence ... serious penal consequences, when the victim signs the complaint. See N.J.S.A. 2C:25-28. Because of the references to criminal acts as being ... civil cases, i.e. , a preponderance of the evidence, see N.J.S.A. 2C:25-28 treats domestic violence complaints signed by non-law enforcement ... the lesser burden of proof of preponderance of the evidence. N.J.S.A. 2C:25-28. The result is to circumvent the protections normally ...

docket:	a0093-96
court:	njappellate
decided:	1997-06-19
status:	published
citation:	<a href=
Document Size:	30281

34 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 742

... order entered pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 - 35, we conclude the court may not sua sponte ... trial court, after vacating the final restraining order pursuant to N.J.S.A. 2C:25-29(d) and Carfagno v. Carfagno, 288 N.J. Super ... order entered pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, we address the 2015 amendments expanding the ... New York order of protection, was not automatically admissible pursuant N.J.S.A. 2C:25-29(a)(1), as that provision is limited to the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	151111

35 Cesare v. Cesare -- rank: 739

... and the interpretation of the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -33 ("Act" or "DVA"). Specifically, this case concerns ... 1992. Preamble, L. 1994, Joint Resolution No. 2 , reprinted at N.J.S.A. 2C:25-17. In 1996, 85,018 domestic violence offenses were reported ... deep and lasting emotional effects from exposure to domestic violence. [ N.J.S.A. 2C:25-18.] Until recently, however, the law in New Jersey did ... inability to generate a prompt response in an emergency situation." N.J.S.A. 2C:25-18. The Legislature enacted the Prevention of Domestic Violence Act ... violence the maximum protection from abuse the law can provide." N.J.S.A. 2C:25-18 (emphasis added). The Legislature attempted to address the problem ... See 286 N.J. Super. 589, 597 (App. Div. 1996); N.J.S.A. 2C:25-20. The legislative findings underlying the Domestic Violence Act ...

docket:	a-127-97
court:	njsupreme
decided:	1998-06-03
status:
citation:	154 N.J. 394
Document Size:	54623

36 L.A.1 v. A.A.E -- rank: 733

... him pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. We affirm. I. After a telephonic hearing ... the judge first concluded that the court had jurisdiction under N.J.S.A. 2C:25-19(d) based on the parties' dating relationship. The judge ... court must find: (1) defendant committed a predicate act within N.J.S.A. 2C:25-19(a); and (2) a FRO is necessary to protect ... second Silver prong, the judge analyzed the statutory factors under N.J.S.A. 2C:25-29(a)(1) through (6), finding 'complete attempts to control ... of the temporary restraining order (TRO) violated his rights under N.J.S.A. 2C:25-28(i). Third, he argues the FRO should be vacated ... rights, by allowing 'any relief necessary to prevent further abuse.' N.J.S.A. 2C:25-29(b). Such relief may include 'restraining the defendant ...

docket:	a2724-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-26
status:	Unpublished
citation:
Document Size:	47343

37 VIVIAN CRESPO v. ANIBAL CRESPO -- rank: 730

... FRO, claiming the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35, was unconstitutional for a host of reasons ... Act provides direction for: the setting and reducing of bail, N.J.S.A. 2C:25-26; the manner in which a court order shall be ... requirements imposed upon a party seeking relief from an order, N.J.S.A. 2C:25-27; the particular part of the superior court to hear such cases, N.J.S.A. 2C:25-28a; and the period within which a final hearing must occur, N.J.S.A. 2C:25-29a. These and other procedural components in the Act have ... violence the maximum protection from abuse the law can provide . [ N.J.S.A. 2C:25-18 (emphasis added).] The Supreme Court has also recognized ...

docket:	a0202-08
court:	New Jersey Superior Court Appellate Division
decided:	2009-06-18
status:	published
citation:	408 N.J.Super. 25 972 A.2d 1169
Document Size:	67231

38 IN THE MATTER OF THE APPLICATION OF THE STATE OF NEW JERSEY FOR THE FORFEITURE OF WEAPONS, ET AL. -- rank: 723

... Fox, pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. The TRO contained a valid warrant to ... 2-21(d)(3),[4] . . . Fox is also prohibited 4 N.J.S.A. 2C:25-21(d)(3) provides, in part: Weapons seized in accordance ... be returned to the New Jersey State Police pursuant to N.J.S.A. 2C:25-21(d)(3). [(Emphasis added).] In the written opinion accompanying ... as provided in N.J.S.[A.] 2C:64-6. [N.J.S.A. 2C:25-21(d)(3).] 5 Per N.J.S.A. 2C ... be returned to the New Jersey State Police pursuant to N.J.S.A. 2C:25-21(d)(3). [(Emphasis added).] Based on these findings, the ... PDVA] and cannot be returned to [the gun owner] under . . . N.J.S.A. 2C:25-21(d)(3), [the gun owner] is expressly disqualified ...

docket:	a3418-21a3419-21
court:	appellate
decided:	2024-06-03
status:	Unpublished
citation:
Document Size:	47917

39 A.S. v. R.S -- rank: 723

... S., pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. The Family Part entered the FRO following ... J.S.A. 2C:12-1, under the PDVA, see N.J.S.A. 2C:25-19(a)(2), and an FRO was required to protect ... of the predicate acts' of domestic violence set forth in N.J.S.A. 2C:25- 19(a). Id. at 125. Second, if the court finds ... of the predicate acts of domestic violence set forth in N.J.S.A. 2C:25-19(a) does not, on its own, 'automatically . . . warrant the ... domestic violence, it must then consider the factors enumerated in N.J.S.A. 2C:25-29(a)(1) to (6) to determine whether an FRO ... A court should consider '[t]he nonexclusive statutory factors [in N.J.S.A. 2C:25-29(a)(1) to (6),] includ[ing] the 'previous ...

docket:	a0942-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-20
status:	Unpublished
citation:
Document Size:	32206

40 VIVIAN CRESPO v. ANIBAL CRESPO -- rank: 721

docket:	a0203-08
court:	New Jersey Superior Court Appellate Division
decided:	2009-06-18
status:	published
citation:
Document Size:	67167

41 /usr/local/share/www/libweb/collections/courts/appellate/a4395-19.opn.html -- rank: 721

... D. (Amanda), under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, and from a July 24, 2020 order ... reaching that determination, she considered the six factors enumerated in N.J.S.A. 2C:25-29(a)(1) to (6). She first found that there ... in counsel fees and costs as compensatory damages pursuant to N.J.S.A. 2C:25-29(b)(4). This appeal followed. Our review of a ... committed a predicate act of domestic violence as defined in N.J.S.A. 2C:25-19(a). Silver, 387 N.J. Super. at 125. The ... is one of the delineated criminal offenses under the PDVA. N.J.S.A. 2C:25-19(a)(2). A person is guilty of simple assault ... committed a predicate act of domestic violence as defined in N.J.S.A. 2C:25-19(a), it must then consider the factors enumerated ...

docket:
court:
decided:
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citation:
Document Size:	36046

42 IN THE MATTER OF PETITION TO FORFEIT FIREARMS CLAIMANT FRANK W FARRELL, JR -- rank: 719

... order pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. In her complaint, she alleged: Defendant was ... t]o [f]orfeit [w]eapons [p]urstant [t]o N.J.S.[A]. 2C:25-17 . . . N.J.S.[A]. 2C:25-21(d)(3), N.J.S.[A]. 2C:58-3 ... the State's role in the return of those weapons, N.J.S.A. 2C:25-21, and N.J.S.A. 2C:58-3, the ... A. 2C:58-3(c)' before 'the return of . . . firearms.' N.J.S.A. 2C:25- 21(d)(3). A. Under the PDVA, when a law ... to the person accused of the act of domestic violence.' N.J.S.A. 2C:25-21(d)(1). 'Weapons seized . . . shall be returned to ...

docket:	a0864-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-20
status:	Unpublished
citation:
Document Size:	25093

43 A.J.S. v. J.Y.E -- rank: 717

... under the Prevention of Domestic Violence Act of 1991 (PDVA), N.J.S.A. 2C:25-17 to -35. Judge Daniel H. Brown conducted the FRO ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred.' Silver, 387 N.J. Super. at ... 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 ... further abuse.' Silver, 387 N.J. Super. at 127 (citing N.J.S.A. 2C:25-29(b) (stating '[i]n proceedings in which complaints for ... violence between the [parties], including threats, harassment and physical abuse[,]' N.J.S.A. 2C:25-29(a)(1), and '[t]he existence of immediate danger to person or property,' N.J.S.A. 2C:25-29(a)(2). The PDVA identifies predicate acts of ...

docket:	a1969-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-03
status:	Unpublished
citation:
Document Size:	33730

44 STATE OF NEW JERSEY v. P.Z -- rank: 717

... to the Prevention of Domestic Violence Act of 1991 (PDVA), N.J.S.A. 2C:25-17 to -35. The State seized these items after his ... S MOTION TO DISMISS FOR THE STATE'S VIOLATION OF N.J.S.A. 2C:25-21(d)(3). POINT VII THE [JUDGE] ERRED IN REQUIRING ... be made by the judge regarding the emergency relief forthwith.' N.J.S.A. 2C:25- -28(g). The PDVA further provides: Emergency relief may include ... handgun issued to the defendant and any other appropriate relief. [N.J.S.A. 2C:25-28(j).] The PDVA allows a judge to issue a ... 2019). 'The purpose of a search warrant issued pursuant to N.J.S.A. 2C:25-28[(j)] is to protect the victim of domestic violence ... a victim on whose behalf the relief is sought,' see N.J.S.A. 2C:25-28(f); and (3) probable cause to believe that ...

docket:	a5083-18
court:	NJ Superior Court Appellate Division
decided:	2020-10-22
status:	Unpublished
citation:
Document Size:	51331

45 E.L.C v. D.M.F -- rank: 712

... 2021 pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. Defendant and plaintiff, E.L.C., are ... FRO was necessary after applying the factors set forth in N.J.S.A. 2C:25-29(a)(1) to (6). Defendant raises numerous contentions on ... addressed the non-exhaustive list of factors set forth in N.J.S.A. 2C:25-29(a)(1) to (6). Judge Fikry thereupon issued the ... an act of domestic violence was committed by that person.' N.J.S.A. 2C:25-29(a). An FRO may be issued if two criteria ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred,' and (2) that the order is ... evidence. S.D., 415 N.J. Super. at 431 (citing N.J.S.A. 2C:25-29(a)). Under the preponderance standard, 'a litigant must ...

docket:	a3033-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-21
status:	Unpublished
citation:
Document Size:	61358

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