Search Rutgers Law Library N.J. Court Opinions

316 IN THE MATTER OF THE APPLICATION OF THE STATE OF NEW JERSEY FOR DISPOSITION OF WEAPONS BELONGING TO D.S. -- rank: 590

... S., pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. Following the seizure of D.S.'s ... Passaic County Prosecutor's Office moved for forfeiture pursuant to N.J.S.A. 2C:25-21(d)(3). The Family Part judge conducted a two ... expose the victim to a risk of serious bodily harm.' N.J.S.A. 2C:25-21(d)(1)(b). The seized weapons are inventoried, turned ... the prosecutor timely applies to the Family Part for forfeiture. N.J.S.A. 2C:25-21(d)(2) to (3); F.M., 225 N.J ... court determines that the domestic violence situation no longer exists. [N.J.S.A. 2C:25-21(d)(3).] 'Therefore, even if a domestic violence complaint ...

docket:	a3426-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-11
status:	Unpublished
citation:
Document Size:	25645

317 D.A.G v. P.H -- rank: 588

... Prevention Against Domestic Violence Act ("the PDVA" or "the Act"), N.J.S.A. 2C:25-17 to -35. For the reasons that follow, we sustain ... case, the brothers qualify as "former household members" pursuant to N.J.S.A. 2C:25-19(d). Consequently, the Family Part had jurisdiction to issue ... violence the maximum protection from abuse the law can provide." N.J.S.A. 2C:25-18. The statute's declaration of purpose also stresses that ... having a child in common, or persons related by blood. N.J.S.A. 2C:25-3. In 1991, the Legislature expanded that definition by replacing the term "cohabitant" with the broader term "household member." N.J.S.A. 2C:25-19(d). See L. 1991, c. 261, § 3. The ... family or family-like" relationship contemplated by the Legislature in N.J.S.A. 2C:25-18. Although our conclusion does not depend upon it, ...

docket:	a5601-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-23
status:	unpublished
citation:
Document Size:	42907

318 D.C.A. v. M.J.A. -- rank: 588

... the Prevention of Domestic Violence Act (PDVA or the Act), N.J.S.A. 2C:25-17 to -35. In that action, defendant alleged two predicate acts of 'domestic violence' as defined in N.J.S.A. 2C:25-19(a): stalking, N.J.S.A. 2C:12-10 ... can provide.'' Hoffman, supra, 149 N.J. at 584 (quoting N.J.S.A. 2C:25-18). The Act 'effectuates the notion that the victim of ... an action under the PDVA is not a criminal prosecution. N.J.S.A. 2C:25-19; N.J.S.A. 2C:25-28 to -29; see J.D. v. M.D.F ...

docket:	a3744-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-02
status:	unpublished
citation:
Document Size:	49019

319 STATE OF NEW JERSEY V. BRIAN P. HOFFMAN -- rank: 588

... 1991, c. 261 § 20, reenacted L. 1991, c. 261 § 1), N.J.S.A. 2C:25-17 to -33, mandates that acts alleged by a plaintiff ... When the Legislature enacted the Prevention of Domestic Violence Law, N.J.S.A. 2C:25-17 to -33 it declared its purpose to be as ...

docket:	a837-93
court:	njappellate
decided:	1996-05-15
status:	published
citation:	290 N.J.Super. 588
Document Size:	36368

320 A.S. v. R.D. -- rank: 588

... restraining order (FRO) under the Protection Against Domestic Violence Act, N.J.S.A. 2C:25-17 to -34. Defendant's former boyfriend obtained the order ... See N.J.S.A. 2C:33-4 (defining harassment); N.J.S.A. 2C:25-19 (defining harassment as an act of domestic violence). We ... allegation that defendant committed the predicate offense of harassment. See N.J.S.A. 2C:25-19(a)(13) (identifying harassment as a predicate offense); N ... under this act by an adult or an emancipated minor[.]" N.J.S.A. 2C:25-19a. Although this second determination — whether a domestic violence ... necessary, upon an evaluation of the facts set forth in N.J.S.A. 2C:25-29a(1) to -29a(6), to protect the victim from an immediate danger or to prevent further abuse. See N.J.S.A. 2C:25-29b (stating that "[i]n proceedings in which complaints ...

docket:	a0745-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-01
status:	unpublished
citation:
Document Size:	30333

321 STATE OF NEW JERSEY v. ANGELO SCIFO -- rank: 588

... bodily injury to a victim of domestic violence pursuant to N.J.S.A. 2C:25-19(d), contrary to N.J.S.A. 2C:12 ... act of domestic violence, as that term is defined in [ N.J.S.A. 2C:25- - 19(a)] and the defendant committed at least one act ...

docket:	a4098-19
court:	NJ Superior Court Appellate Division
decided:	2023-08-14
status:	Unpublished
citation:
Document Size:	85633

322 J.L.A v. C.J.A -- rank: 588

... 2022, pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. C.J.A. and J.L.A ... determining whether an FRO is needed, which are codified in N.J.S.A. 2C:25-29(a)(1) through (6). With respect to the prior ... 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 a preponderance standard, ''a litigant must establish ...

docket:	a3690-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-04
status:	Unpublished
citation:
Document Size:	18001

323 STATE OF NEW JERSEY v. S.K 28, 2011 - -- rank: 588

... the final restraining order. The Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, lists the types of relief the court may include in a final restraining order, N.J.S.A. 2C:25-29b. As to barring a defendant from places, the statute ... regularly by the victim or other family or household members. [ N.J.S.A. 2C:25-29b(6) (emphasis added).] In Finamore v. Aronson , supra , 382 ... statute broadly permits "any relief necessary to prevent further abuse," N.J.S.A. 2C:25-29b, and that injunctive relief under the domestic violence act ... stalking of the victim, no matter where that conduct occurs. N.J.S.A. 2C:25-29b(7) and (17). But it is conduct rather than ...

docket:	a1488-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-17
status:	published
citation:	423 N.J. Super. 540 33 A.3d 1255
Document Size:	26054

324 P.L.G. v. C.K. -- rank: 588

... Family Part under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. The trial judge found defendant committed assault ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19a has occurred.' Ibid. Second, there must also be a ... further abuse.' J.D., 207 N.J. at 476 (quoting N.J.S.A. 2C:25-29b). In this regard, it is well- established that commission ... of the predicate acts of domestic violence set forth in N.J.S.A. 2C:25-19 does not, on its own, 'automatically . . . warrant the issuance ... is present.' Corrente, 281 N.J. Super. at 248 (citing N.J.S.A. 2C:25-29a(1) and (2)); Peranio, 280 N.J. Super. at ... necessary, upon an evaluation of the factors set forth in N.J.S.A. 2C:25-29a(1) to -29a(6), to protect the victim ...

docket:	a0663-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-30
status:	unpublished
citation:
Document Size:	43054

325 L.S.T. v. C.V. -- rank: 588

... under the Prevention of Domestic Violence Act of 1991 (Act), N.J.S.A. 2C:25-17 to -35, in favor of plaintiff. The predicate offense ... was harassment ( N.J.S.A. 2C:33-4). See N.J.S.A. 2C:25-19a(13). Defendant argues that the entry of the order ... s protection, with reference to the factors set forth in N.J.S.A. 2C:25-29a, the final restraining order must be set aside. Defendant ... references from the record, as to which factors listed in N.J.S.A. 2C:25-29a(1) to (6) make the issuance of a restraining ... and the best interests of the victim and any child. N.J.S.A. 2C:25-29a(1), (2) and (4). See also Bittner , supra , 338 ... necessary, upon an evaluation of the factors set forth in N.J.S.A. 2C:25-29a(1) to -29a(6), to protect the victim ...

docket:	a2583-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-28
status:	unpublished
citation:
Document Size:	31945

326 L.S. v. P.S. -- rank: 588

... against him under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, based on harassment, N.J.S.A ... of the acts on a person 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))). I. Harassment The trial judge here found that ... criminal mischief. N.J.S.A. 2C:17-3(a); N.J.S.A. 2C:25-19(a)(10). An individual is guilty of criminal ...

docket:	a4410-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-23
status:	unpublished
citation:
Document Size:	22453

327 L.I.B. v. D.M.B. -- rank: 585

... predicate acts under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. The judge also concluded that restraints under ... defendant committed one of the predicate offenses, as enumerated in N.J.S.A. 2C:25-19(a). Second, if a predicate offense is shown, plaintiff ... history, if any, of domestic violence between the parties, see N.J.S.A. 2C:25-29(a)(1), or to be certain of the relevant ...

docket:	a2031-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-26
status:	unpublished
citation:
Document Size:	23343

328 M.C v. J.J.C., JR -- rank: 585

... under the Prevention of Domestic Violence Act of 1991 (Act), N.J.S.A. 2C:25-17 to -35. We affirm. Plaintiff is the eighty-eight ... the issuance of an FRO to prevent further abuse under N.J.S.A. 2C:25-29(b). On appeal, defendant raises the following issues: I ... violence the maximum protection from abuse the law can provide." N.J.S.A. 2C:25-18. Indeed, the Act's primary focus is to provide ... has committed an act of domestic violence as defined by N.J.S.A. 2C:25-19(a). N.J.S.A. 2C:25-29(a); Cesare v. Cesare , 154 N.J. 394, 400 ... based 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:	a1759-09
court:	superior court appellate division
decided:	2010-12-16
status:	Unpublished
citation:
Document Size:	26548

329 L.F. v. A.S. -- rank: 585

... Order (FRO) pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35 (the "Act"). The FRO adjudicated A.S ... 280 N.J. Super. 47 , 53 (App. Div. 1995) (quoting N.J.S.A. 2C:25-18). The term "victim of domestic violence" refers to persons ... victim has had a dating relationship," as plaintiff is here. N.J.S.A. 2C:25-19(d). "Domestic violence" means an occurrence of one or ... criminal acts inflicted upon a person protected by the Act. N.J.S.A. 2C:25-19(a). Here, the judge found the predicate act of ... violence between the parties and the existence of immediate danger. N.J.S.A. 2C:25-29(a). See also Peranio , supra , 280 N.J. Super ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred"; and second, "whether a domestic ...

docket:	a3944-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-28
status:	unpublished
citation:
Document Size:	26262

330 L.E.B. v. R.T.B. -- rank: 585

... entered pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, in favor of plaintiff, his then wife ... plaintiff. He found defendant committed the predicate acts of harassment, N.J.S.A. 2C:25-19(a)(13), and stalking, N.J.S.A. 2C:25-19(a)(14). He also concluded that the FRO was ... commits a predicate act upon a person protected by PDVA. N.J.S.A. 2C:25-19(a). A judge must engage in a two-step ... of one or more of the predicate acts enumerated in N.J.S.A. 2C:25-19(a). Ibid. ; see also N.J.S.A. 2C:25-29(a) (providing an FRO may only be granted " ...

docket:	a5461-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-17
status:	unpublished
citation:
Document Size:	16469