Search Rutgers Law Library N.J. Court Opinions

46 B.L.D v. C.M.C -- rank: 712

... him pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35.1 After a plenary hearing, the trial ... contempt, N.J.S.A. 2C:29-9(b). See N.J.S.A. 2C:25-19(a)(13), (17). Defendant claims the court applied the ... 2C:33-4 during the August 13, 2020 incident. See N.J.S.A. 2C:25-19(a)(13). In making that finding, the court considered ... N.J.S.A. 2C:29-9(b)(1). See N.J.S.A. 2C:25-19(a)(17). The court last determined an FRO was ... N.J. Super. 492, 504 (App. Div. 2007)); see also N.J.S.A. 2C:25-18. Consequently, '[o]ur law is particularly solicitous of victims ... 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. ...

docket:	a0700-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-21
status:	Unpublished
citation:
Document Size:	57772

47 STATE OF NEW JERSEY v. D.G.M. -- rank: 712

... pursuant to the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35 – by sitting near and briefly filming ... plaintiff meets the definition of a victim of domestic violence, N.J.S.A. 2C:25-19(d), the defendant committed an act of domestic violence as defined by the Act, N.J.S.A. 2C:25-19(a), and there is a need to prevent further ... regularly by the victim or other family or household members." N.J.S.A. 2C:25-29(b)(6). And the Act authorizes restraints on various ... be likely to cause annoyance or alarm to the victim." N.J.S.A. 2C:25-29(b)(7). Considering this broad grant of authority, N.J.S.A. 2C:25-29(b) (directing that courts are empowered to "grant ...

docket:	a5783-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-20
status:	published
citation:	439 N.J.Super. 630 110 A.3d 978
Document Size:	40121

48 A.M.O. v. J.W.O., JR -- rank: 710

... him 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 ... plaintiff $7,815 in counsel fees as compensatory damages under N.J.S.A. 2C:25-29(b)(4). On appeal, defendant contends there is insufficient ... N.J. Super. 492, 504 (App. Div. 2007)); see also N.J.S.A. 2C:25-18. Consequently, '[o]ur law is particularly solicitous of victims ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19[(a)] has occurred.' Id. at 125 (citing N.J.S.A. 2C:25-29(a)). Here, plaintiff alleged that defendant engaged in harassment ... 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 ...

docket:	a0250-21
court:	NJ Superior Court Appellate Division
decided:	2022-09-22
status:	Unpublished
citation:
Document Size:	46445

49 E.S.K v. M.K -- rank: 710

... entered under the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35, based on predicate acts of simple assault ... to include plaintiff's girlfriend as a protected party under N.J.S.A. 2C:25-29(b)(7). I. We summarize the facts from the ... that finding, the court considered the factors set forth in N.J.S.A. 2C:25-29(a)(1) to (6). In particular, the trial court ... apply for attorney's fees and costs in accordance with N.J.S.A. 2C:25-29(b)(4). Plaintiff then filed an application, including a ... or more of the predicate acts identified by the Act. 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 (citation reformatted); ...

docket:	a3835-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-13
status:	Unpublished
citation:
Document Size:	37945

50 DAMIEN ROSE BRUNO v. JEFFERSON STREET ASSOCIATES LLC -- rank: 708

... ministerial duty because service of the order is required by N.J.S.A. 2C:25- 28(l), and the TRO entered in this case expressly ... 27, 2012. In support of their argument, they rely upon N.J.S.A. 2C:25-28(l), which requires the court to forward a restraining ... defendant 'immediately.' Plaintiffs also rely upon A-0843-17T3 16 N.J.S.A. 2C:25-34, which requires the Administrative Office of the Courts to ... involved in the commission of an act of domestic violence. [N.J.S.A. 2C:25-21(a).] Plaintiffs contend that because the PDVA requires an ...

docket:	a0843-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-23
status:	Unpublished
citation:
Document Size:	61407

51 L.H. VS. P.H. -- rank: 705

... and her adult nephew as protected third-parties pursuant to N.J.S.A. 2C:25- 29(b)(7). We vacate the FRO. I. We glean ... the parties were household members at one time, pursuant to N.J.S.A. 2C:25-19(d), because the parties resided in the same home ... 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- 29(a)(1) to (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 but ...

docket:	a0577-22
court:	appellate
decided:	2024-04-01
status:	Unpublished
citation:
Document Size:	35230

52 STATE OF NEW JERSEY v. ANTOINE MCCRAY -- rank: 705

... the defendant pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, which ''prohibited' [the] defendant 'from having any ...

docket:	a3745-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-29
status:	Published
citation:
Document Size:	68306

53 STATE OF NEW JERSEY v. EDWARD DUPREY -- rank: 705

... examination in a related criminal trial, despite the language of N.J.S.A. 2C:25-29(a) that "testimony given by the plaintiff or defendant ... the Prevention of Domestic Violence Act of 1991 (DV Act), N.J.S.A. 2C:25-17 to -35. Smith's application for the TRO was ... the motion judge erred by ignoring the clear language of N.J.S.A. 2C:25-29(a) prohibiting the use of the testimony of either ... A. We start our analysis with the question of whether N.J.S.A. 2C:25-29(a) should be read to prohibit the use of ... supra , 205 N.J. at 323-24). In pertinent part, N.J.S.A. 2C:25-29(a) provides as follows: If a criminal complaint arising ... rules of evidence that govern where a party is unavailable. N.J.S.A. 2C:25-29(a) was enacted in 1991, as part of ...

docket:	a5469-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-01
status:	published
citation:	427 N.J.Super. 314 48 A.3d 419
Document Size:	40229

54 B.E v. J.L -- rank: 701

... 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 distinct ... 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 ... 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(a) provides '[t]he court shall consider but not ... including the previous history of domestic violence between the parties, N.J.S.A. 2C:25-29(a)(1). '[W]hether the victim fears the defendant ... C.C., 463 N.J. Super. at 436; see also N.J.S.A. 2C:25-29(b) ('[T]he court shall A-0481-22 ...

docket:	a0481-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-16
status:	Unpublished
citation:
Document Size:	31926

55 NORTH JERSEY MEDIA GROUP INC v. PASSAIC COUNTY PROSECUTOR'S OFFICE, -- rank: 696

... the Prevention of Domestic Violence Act of 1991' (DV Act), N.J.S.A. 2C:25-17 to -35. The response referenced several provisions, including N.J.S.A. 2C:25-33. Regarding the 9-1-1 Tape, Verlardi's response ... the DVO Report was 'required to be made pursuant to N.J.S.A. 2C:25- 24(a) and is therefore not a criminal investigatory record ... or institution except as otherwise provided by law and rule.' N.J.S.A. 2C:25-33(a); see R. 1:38-3(d)(9). Other ... A-2016-16T1 of victims of domestic violence. E.g., N.J.S.A. 2C:25-25(c); N.J.S.A. 47:4-4; R ... A. 47:1A-1.1. The DV Act provides in N.J.S.A. 2C:25-24(a): It shall be the duty of a ...

docket:	a2016-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-17
status:
citation:
Document Size:	67976

56 D.S. v. K.P. -- rank: 696

... a final domestic violence restraining order against him, pursuant to N.J.S.A. 2C:25-29, and from the denial of his motion for reconsideration ... I THE PREVENTION OF DOMESTIC VIOLENCE ACT OF 1991 AT N.J.S.A. 2C:25-29 IS UNCONSTITUTIONAL SINCE IT VIOLATED APPELLANT'S RIGHT TO ... to the provisions of the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35. A similar complaint was filed by K ... which we have nonetheless determined to consider, K.P. challenges N.J.S.A. 2C:25-29a as unconstitutional as the result of its specification of ... to assure the safety of the victims and the public." N.J.S.A. 2C:25-18. In recognition of its goals, the Legislature provided a ... a final restraining order following a hearing on the matter. N.J.S.A. 2C:25-28 and -29a. The Legislature specified that, "[a]t ...

docket:	a6378-03
court:	njappellate
decided:	2007-07-24
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	49224

57 S.B.B. v. L.B.B. -- rank: 694

... B., pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25- 17 to -35. The FRO was based on the predicate ... of cyber harassment. Next, applying the second Silver prong and N.J.S.A. 2C:25-29(a), the judge found that an FRO was 'necessary ... in the amount of $10,035 as compensatory damages. See N.J.S.A. 2C:25-29(b)(4). In this ensuing appeal of the April ... WERE NOT MET. A. The Court Did Not Address The N.J.S.A. 2C:25-29(a) Factors As The Law Required. B. The Trial ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred.' Id. at 125. Harassment, N.J ... A. 2C:33-4, is among the enumerated predicate offenses. N.J.S.A. 2C:25-19(a)(13). Second, if the court finds that ...

docket:	a0305-21
court:	NJ Superior Court Appellate Division
decided:	2023-09-06
status:	Published
citation:
Document Size:	76236

58 J.H.L v. F.S.Y -- rank: 694

... to the Prevention of Domestic Violence Act of 1991 (PDVA), N.J.S.A. 2C:25-17 to -35. We affirm. I. At the time the ... are not supported by the record, his factual findings under N.J.S.A. 2C:25-29(a) were incomplete and based on plaintiff's inconsistent ... the defendant committed one of the predicate acts referenced in N.J.S.A. 2C:25-19(a), such as harassment, N.J.S.A. 2C ... Kunen, 313 N.J. Super. 600, 607 (App. Div. 1998); N.J.S.A. 2C:25-29(a)(1). Second, assuming a predicate offense is proven ... an evaluation of the fact[or]s set forth in N.J.S.A. 2C:25-29(a)(1) to -29(a)(6), to protect the ... 2011) (quoting Silver, 387 N.J. Super. at 126-27). N.J.S.A. 2C:25-29(a) lists the following six non-exhaustive factors: ( ...

docket:	a2335-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-26
status:	Unpublished
citation:
Document Size:	29271

59 D.L.D v. S.D -- rank: 694

... defendant under the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 to -35 ("the Act"). She alleged that defendant had ... the entry of the FRO, seeking counsel fees pursuant to N.J.S.A. 2C:25-29(b)(4), for the services provided before and at ... violence the maximum protection from abuse the law can provide." N.J.S.A. 2C:25-18. Section 19(a)(13) of the Act enumerates that ... 49-2 for motions to alter or amend a judgment. N.J.S.A. 2C:25-29(b)(4) provides that a victim of domestic violence ... time incurred by plaintiff's attorney and the rates charged. N.J.S.A. 2C:25-29(b)(4) (allowing for an award of "reasonable" fees ... is governed by the Rules of the Court. See also N.J.S.A. 2C:25-29.3 (recognizing the judiciary's authority to promulgate ...

docket:	a3440-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-22
status:	unpublished
citation:
Document Size:	38449

60 A.C.P. v. J.G.T -- rank: 694

... against him 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 ... person with whom the victim has a child in common.' 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) 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:	a1071-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-03
status:	Unpublished
citation:
Document Size:	25454