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346 STATE OF NEW JERSEY v. P.M. -- rank: 581

... officer, and to revoke his firearms identification card, pursuant to N.J.S.A. 2C:25-21(d)(3). The State contends that the trial judge ... April 5, 2012, the State filed a petition pursuant to N.J.S.A. 2C:25-21(d)(3) for forfeiture of the weapons and for ... before me. II. The Prevention of Domestic Violence Act (PVDA), N.J.S.A. 2C:25-17 to -35, authorizes the police to seize weapons while ... to the person accused of the act of domestic violence. [ N.J.S.A. 2C:25-21(d).] Thereafter, the weapons must be returned to the ... public in general or a person or persons in particular. [ N.J.S.A. 2C:25-21(d)(3).] Even if a domestic violence complaint is ...

docket:	a1549-12
court:	NJ Superior Court Appellate Division
decided:	2013-08-28
status:	unpublished
citation:
Document Size:	35022

347 K.M. v. M.D. -- rank: 581

... predicate offense under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-19(a), by installing a GPS tracking device on plaintiff ... a 'victim of domestic violence,' constitutes domestic violence . . . .' Ibid. (quoting N.J.S.A. 2C:25-19(d)). In determining whether to issue an FRO, the ... 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 ... court also must determine, by considering the factors enumerated in N.J.S.A. 2C:25-29(a)(1) to (6),4 whether an FRO is ... whether immediate danger to the person or property is present. N.J.S.A. 2C:25-29(a)(1) and (2). This requirement reflects the reality ... existence of a verifiable order of protection from another jurisdiction. [ N.J.S.A. 2C:25-29(a)(1) to (6).] A-0691-17T3 13 ...

docket:	a0691-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-23
status:	Unpublished
citation:
Document Size:	24666

348 V.R.J v. K.R.J -- rank: 581

... pursuant to the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35. We affirm. We take the following facts ... violence as the commission of a predicate offense enumerated in N.J.S.A. 2C:25-19(a) against a plaintiff who meets the definition of a 'victim of domestic violence' set forth in N.J.S.A. 2C:25-19(d). J.D., 207 N.J. at 473. Terroristic threats and harassment are predicate offenses under the Act. N.J.S.A. 2C:25-19(a)(3), (13). A person commits the petty disorderly ... 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 ...

docket:	a2377-20
court:	NJ Superior Court Appellate Division
decided:	2022-09-27
status:	Unpublished
citation:
Document Size:	20584

349 E.V v. S.V -- rank: 581

... V. pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, and a June 21, 2019 order denying ... by referring to a list of predicate acts' enumerated in N.J.S.A. 2C:25-19(a). J.D., 207 N.J. at 473. Harassment ... domestic violence order all constitute predicate acts of domestic violence. N.J.S.A. 2C:25-19(a)(11)-(13), (17). Before a FRO may issue ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred.' Ibid. Upon finding the commission of ... 281 N.J. Super. 243, 248 (App. Div. 1995) (citing N.J.S.A. 2C:25-29(a)(1)-(2))). The trial court found that defendant ... record. Each of those offenses are predicate acts enumerated in N.J.S.A. 2C:25-19(a). The court correctly found that first prong ...

docket:	a4817-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-11
status:	Unpublished
citation:
Document Size:	28077

350 G.M.T v. D.C.T -- rank: 581

... pursuant to the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35. We affirm. I. The following facts are ... one or more of the predicate acts set forth in N.J.S.A. 2C:25- - 19[(a)] has occurred.' Id. at 125. The court should ... 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)); see also J.D. v. M.D.F ... existence of a verifiable order of protection from another jurisdiction. [ N.J.S.A. 2C:25-29(a); see also Cesare, 154 N.J. at 401 ... one of the predicate acts set forth in the Act. N.J.S.A. 2C:25-19(a)(13). As applicable here, a person commits ...

docket:	a3774-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-11
status:	Unpublished
citation:
Document Size:	23707

351 M.E.C v. G.L.C -- rank: 581

... entered against him under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -33 (DVA). We affirm. Plaintiff and defendant were ... with the "maximum protection from abuse the law can provide." N.J.S.A. 2C:25-18. Before a plaintiff is entitled to relief under the ... of the predicate acts [of domestic violence] set forth in N.J.S.A. 2C:25-19a has occurred." Silver v. Silver , 387 N.J. Super. 112 , 125 (App. Div. 2006) (citing N.J.S.A. 2C:25-29a). The DVA also requires "that acts claimed by a ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19a has occurred. See N.J.S.A. 2C:25-29a (stating that "the standard for proving the allegations ...

docket:	a3109-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-01-01
status:	Published
citation:
Document Size:	20569

352 IN THE MATTER OF ANNIE BAKER JUVENILE JUSTICE COMMISSION -- rank: 581

... ten days of the issuance of a temporary restraining order. N.J.S.A. 2C:25-29(a). We might agree a temporary accommodation appears appropriate ... who is subject to a domestic violence court order under N.J.S.A. 2C:25-29); see also 18 U.S.C.A. § 922 ... the designated criminal offenses and found guilty of domestic violence, N.J.S.A. 2C:25- 2C:25-19(a)(1) to (14), is given an ...

docket:	a5340-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-11-10
status:	Published
citation:
Document Size:	46214

353 C.J.R v. L.M.V L.M.V v. C.J.R -- rank: 581

... under the Prevention of Domestic Violence Act of l99l (Act), N.J.S.A. 2C:25-17 to -35, and the grant of L.M.V ... 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 ... a person who is a "spouse," 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). The predicate act of harassment is established if ... violence between the parties and the existence of immediate danger. N.J.S.A. 2C:25-29(a); see Peranio , supra , 280 N.J. Super. at ... 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:	a1218-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-04-01
status:	Published
citation:
Document Size:	27005

354 B.T v. D.T. -- rank: 581

... restraining order (FRO) under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17, entered on July 13, 2011 on behalf of plaintiff ... at 413. In adopting the Prevention of Domestic Violence 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 "victim of domestic violence" refers to persons ... a person who is a "spouse," as plaintiff is here. N.J.S.A. 2C:25-19d. "Domestic violence" means the occurrence of one or more ... criminal acts inflicted upon a person protected by the Act. N.J.S.A. 2C:25-19a. However, the commission of one or more of ...

docket:	a6238-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-16
status:	unpublished
citation:
Document Size:	16548

355 IN RE WEAPONS OF A.S. -- rank: 579

... S. appeals from a February 18, 2011 order pursuant to N.J.S.A. 2C:25-21d(3) for forfeiture of firearms and revocation of his ... 108, 114-16 (1997) (the Family Part is authorized under N.J.S.A. 2C:25-21d(3) to approve the State's retention of seized ... seized from appellant a shotgun and another firearm pursuant to N.J.S.A. 2C:25-21d(1)(b). The day after the seizure, appellant voluntarily ... health, safety, or welfare for appellant to possess firearms. See N.J.S.A. 2C:25-21d(3); State v. Cordoma , 372 N.J. Super. 524 ... to himself or others. Especially because a forfeiture hearing under N.J.S.A. 2C:25-21d(3) is summary in nature and without all the ...

docket:	a3192-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-06
status:	unpublished
citation:
Document Size:	27156

356 E.G. v. A.G. -- rank: 579

... to the New Jersey Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, following a trial. We affirm. I. On ... 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 ... 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 ... of the predicate acts of domestic violence under the PDVA. N.J.S.A. 2C:25-19(a). Harassment occurs if a person, with purpose to ...

docket:	a2282-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-27
status:	unpublished
citation:
Document Size:	30944

357 STATE OF NEW JERSEY v. GREGORY A. PHELPS -- rank: 579

... a crime involving domestic violence as defined under section three, N.J.S.A. 2C:25-19, of the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, and the crime charged involved violence or ... against a 'victim of domestic violence' under the PDVA, see N.J.S.A. 2C:25- 19(d) (providing in part that a victim of domestic ...

docket:	a0867-22
court:	NJ Superior Court Appellate Division
decided:	2023-07-06
status:	Unpublished
citation:
Document Size:	28963

358 State v. Oscar Ramirez -- rank: 579

... 61E-2 (Campus Sexual Assault Victim’s Bill of Rights); N.J.S.A. 2C:25-17 to -35 (Prevention of Domestic Violence Act); N.J ...

docket:	a-1-21
court:	NJ Superior Court Appellate Division
decided:	2022-11-21
status:
citation:
Document Size:	88136

359 Y.W v. R.L -- rank: 579

... entered pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. The complaint was filed by defendant's ... those photos to her boyfriend. Domestic violence is defined in N.J.S.A. 2C:25-19 to include acts of harassment, N.J.S.A ... by a former spouse against his or her former spouse. N.J.S.A. 2C:25-19a, d. Harassment can be established by proof that the ... prove that fact by a preponderance of the evidence. See N.J.S.A. 2C:25-29a (stating the standard of proof). Our cases approve of ...

docket:	a4760-08
court:	superior court appellate division
decided:	2010-05-14
status:	unpublished
citation:
Document Size:	46250

360 S.Y.R. v. R.R. -- rank: 579

... to the Prevention of Domestic Violence Act of 1991 (PDVA), N.J.S.A. 2C:25-17 to -35, and failed to prove the threat of ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred.' Id. at 125. If a court finds a predicate act occurred 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:25-29a(1) to -29a(6), to protect the victim from ... prevent further abuse.' Silver, 387 N.J. Super. at 127. N.J.S.A. 2C:25-29(a) provides '[t]he court shall consider A-3388 ... C.C., 463 N.J. Super. at 436; see also N.J.S.A. 2C:25-29(b) ('[T]he court shall grant any relief ...

docket:	a3388-21
court:	NJ Superior Court Appellate Division
decided:	2023-09-15
status:	Unpublished
citation:
Document Size:	20767