Search Rutgers Law Library N.J. Court Opinions

436 D.L. v. S.L. -- rank: 563

... filed under the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35, and vacating the June 1, 2015 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 court should ... M.D.F. , 207 N.J. 458 , 476 (2011) (quoting N.J.S.A. 2C:25-29(b)). We discern no error by the court in ... t]he best interests of the victim and any child." N.J.S.A. 2C:25-29(a)(1), (2) and (4). We defer to the ...

docket:	a1177-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-28
status:	unpublished
citation:
Document Size:	29061

437 S.B v. L.M -- rank: 563

... B. pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. We reverse. I Plaintiff filed a domestic ... 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 ... M.D.F., 207 N.J. 458, 476 (2011) (quoting N.J.S.A. 2C:25-29(b)). N.J.S.A. 2C:33-4 is one of the predicate offenses under the PDVA. N.J.S.A. 2C:25-19(a)(13). Proof of a purpose to harass is ...

docket:	a1975-16
court:	NJ Superior Court Appellate Division
decided:	2018-08-15
status:
citation:
Document Size:	20824

438 /usr/local/share/www/libweb/collections/courts/appellate/a5378-18.opn.html -- rank: 563

... against him pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35. We affirm, substantially for the reasons set ... evidence, that the defendant has committed a predicate act under N.J.S.A. 2C:25-19(a). Silver, 387 N.J. Super. at 125 (citations ... harassment, pursuant to N.J.S.A. 2C:33-4. N.J.S.A. 2C:25- 19(a)(13). There are three different forms of the ... Judge Burke properly analyzed the appropriate factors and specifically considered N.J.S.A. 2C:25-29(a)(1), i.e., the parties' previous history of ...

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439 M.C v. C.D -- rank: 563

... against him pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35 (PDVA). Following our review of the record ... prong of Silver and evaluated the factors set forth in N.J.S.A. 2C:25-29(a)(1) to -29(a)(6).7 387 N ... existence of a verifiable order of protection from another jurisdiction. [ N.J.S.A. 2C:25-29(a); see also Cesare v. Cesare, 154 N.J ... 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) ('[i]n proceedings in which complaints for ...

docket:	a1094-21
court:	NJ Superior Court Appellate Division
decided:	2023-01-31
status:	Unpublished
citation:
Document Size:	21008

440 N.F v. E.F -- rank: 563

... against him under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. Defendant's estranged wife 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). Defendant ... consider the previous history, if any, of domestic violence, see N.J.S.A. 2C:25-29(a)(1) or to be certain of the relevant ... based upon the evaluation of the facts set forth in N.J.S.A. 2C:25-29(a)(1) to (6). The judge's findings here ...

docket:	a2655-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-09
status:	unpublished
citation:
Document Size:	36050

441 J.R.R v. A.L.B -- rank: 563

... pursuant to the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35. At the hearing, plaintiff, his wife N ... a predicate act of domestic violence under the Act. See N.J.S.A. 2C:25-19(a)(13). A person is guilty of harassment if ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19a has occurred.' Ibid. Next, 'upon a finding of the ... existence of a verifiable order of protection from another jurisdiction. [N.J.S.A. 2C:25-29(a).] The judge concluded plaintiff proved the predicate act ...

docket:	a1909-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-08
status:	Unpublished
citation:
Document Size:	22144

442 J.S v. J.F -- rank: 563

... pursuant to the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35, based on findings that the parties were ... of restraining orders in favor of victims of domestic violence. N.J.S.A. 2C:25-29. The Act defines a "victim of domestic violence" as ... person with whom the victim has had a dating relationship." N.J.S.A. 2C:25-19d. It does not, however, define what is meant by ... violence the maximum protection from abuse the law can provide." N.J.S.A. 2C:25-18. These principles would not be served by a cramped ... a "person who is a present or former household member," N.J.S.A. 2C:25-19d, entitled to relief under the Act, even though that ... the-evidence standard of proof as required by the Act, N.J.S.A. 2C:25-29a, rather than the clear-and-convincing standard. In ...

docket:	a2552-08
court:	superior court appellate division
decided:	2009-12-10
status:	Published
citation:	410 N.J. Super. 611 983 A.2d 1151
Document Size:	51329

443 STATE OF NEW JERSEY v. DOUGLAS J. HOGAN -- rank: 563

... temporary restraining order under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25- 17 to -35, requires a court to find the TRO ... protect the life, health or well-being of a victim,' N.J.S.A. 2C:25-28(f), and entry of an FRO requires a finding ...

docket:	a4543-19
court:	NJ Superior Court Appellate Division
decided:	2022-04-29
status:	Unpublished
citation:
Document Size:	40745

444 STATE OF NEW JERSEY v. A.E.C -- rank: 563

... procedurally defective. The Family Part judge recited the provisions of N.J.S.A. 2C:25-28(h), which explains generally how a victim of domestic ... that sufficient grounds for granting the application have been shown. [ N.J.S.A. 2C:25-28(h).] The Family Part judge determined that the procedure ... TRO. We agree. The Prevention of Domestic Violence Act ("PDVA"), N.J.S.A. 2C:25-17 to 34, was intended to address deficiencies in the ... cohabitants, were handled by the police and the courts. See N.J.S.A. 2C:25-18. N.J.S.A. 2C:25-28i states that "[a]n order for emergency, ex parte ... under an expedited process set forth in the Act. See N.J.S.A. 2C:25-28i. [ Cassidy , supra , 179 N.J. at 159 n. ...

docket:	a1656-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-30
status:	unpublished
citation:
Document Size:	28811

445 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the H.G v. E.G -- rank: 563

... 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 ... intiff] has to make a credit card 1 Pursuant to N.J.S.A. 2C:25-23, a law enforcement officer shall disseminate and explain to ... the 9 A-0051-16T3 predicate acts set forth in N.J.S.A. 2C:25- 19(a) has occurred. In performing that function, 'the Act ... Silver, 387 N.J. Super. at 125-26 (citations omitted).] N.J.S.A. 2C:25-29 provides a list of six items that courts 'shall ... the plaintiff and defendant, including threats, harassment and physical abuse.' N.J.S.A. 2C:25-29(a)(1). As such, it was not only appropriate ... 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 ...

docket:	a0051-16
court:	NJ Superior Court Appellate Division
decided:	2017-12-15
status:	unpublished
citation:
Document Size:	38251

446 STATE OF NEW JERSEY v. PHILIP A. SAPIO -- rank: 561

... issued pursuant to the Prevention of Domestic Violence Act (Act), N.J.S.A . 2C:25-17 to -35, and sentenced to thirty days incarceration. Because ... matter was transferred to the Family Part in accordance with N.J.S.A. 2C:25-30. The evidence during the trial revealed that, on June ... he is aware of a high probability of their existence." N.J.S.A. 2C:25-29(b) sets forth the relief that may be included in a final restraining order. N.J.S.A. 2C:25-29(b)(6) specifically provides that a court may order ... any specificity that defendant was barred from the Walmart store. N.J.S.A. 2C:25-29(b)(6). The fact C.S. may have had ... and they are specifically identified in a domestic violence order. N.J.S.A. 2C:25-29(b)(6). Accordingly, because the FRO did not ...

docket:	a0674-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-24
status:	unpublished
citation:
Document Size:	19638

447 IN THE MATTER OF RICHARD HUFTEN'S APPLICATION FOR A PERMIT TO CARRY A HANDGUN IN THE MATTER OF THE REVOCATION OF RICHARD HUFTEN'S FIREARMS PURCHASER IDENTIFICATION CARD AND COMPELLING THE SALE OF HIS FIREARMS -- rank: 561

... firearm,' relate back to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35. Cordoma, 372 N.J. Super. at 534 ...

docket:	a0473-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-11
status:	Unpublished
citation:
Document Size:	29520

448 M.J.T v. C.J.T. -- rank: 561

... T., pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. The parties were married for approximately three ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred' (first Silver prong), and, if so ... standard' requires 'an evaluation of the factors set forth in N.J.S.A. 2C:25-29(a)(1) to -29(a)(6).' Ibid. In A ... violence, which included both physical violence and threats of violence, N.J.S.A. 2C:25-29(a)(1); (2) plaintiff's decision to leave the ... 8 marital residence . . . which established 'the existence of immediate danger,' N.J.S.A. 2C:25-29(a)(2); and (3) the fact that, under these ... of [an FRO] is indisputably in plaintiff's best interests, N.J.S.A. 2C:25-29(a)(4). [Ibid.] Here, the trial judge made ...

docket:	a1175-21
court:	NJ Superior Court Appellate Division
decided:	2022-10-12
status:	Unpublished
citation:
Document Size:	17367

449 C.G. v. G.G. -- rank: 561

... restraining order (FRO) under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, on behalf of plaintiff, C.G., his ... at 413. In adopting the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, the Legislature intended "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 an occurrence of one or more ... criminal acts inflicted upon a person protected by the Act. N.J.S.A. 2C:25-19a. Here the judge found the predicate act of harassment ... violence between the parties and the existence of immediate danger. N.J.S.A. 2C:25-29a. See also Peranio , supra , 280 N.J. Super. ...

docket:	a3146-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-19
status:	unpublished
citation:
Document Size:	18382

450 E.O v. K.H -- rank: 561

... O., pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. We affirm. I. The parties — parents ... cases within ten days of the filing of a complaint. N.J.S.A. 2C:25-29(a). The PDVA "'was enacted with the expressed intent ... the maximum protection from abuse that the law can provide. N.J.S.A. 2C:25-18. To assure such protection, the court's response must ... any one of the fourteen crimes and offenses enumerated in N.J.S.A. 2C:25-19(a). Harassment, N.J.S.A. 2C:33-4 ... evidence, entitles a plaintiff to the entry of an FRO. N.J.S.A. 2C:25-19(a)(13). The offense of harassment, which was the ...

docket:	a0935-08
court:	superior court appellate division
decided:	2009-12-07
status:	unpublished
citation:
Document Size:	35053