Search Rutgers Law Library N.J. Court Opinions

616 S.I v. B.L.S. -- rank: 522

... Part pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. During the hearing on the FRO, defendant ... that defendant committed one of the predicate acts enumerated in N.J.S.A. 2C:25-19a; and, if so, whether a restraining order is necessary ... 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 ... 33-4, which is a predicate act under the PDVA, N.J.S.A. 2C:25-19a(13). In his first point, defendant contends that plaintiff ...

docket:	a6009-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-16
status:	unpublished
citation:
Document Size:	31710

617 E.D.L.R. VS. R.R.V.-R. -- rank: 522

... entered against him under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35. Following our review of the first appeal ... protection. On remand, the court considered the statutory factors under N.J.S.A. 2C:25-29(a)(1) to (6) and made additional findings of ... one or more of the predicate acts set forth in N.J.S.A. 2C:25- - 19[(a)] has occurred.' Id. at 125 (italicization omitted); see, e.g., N.J.S.A. 2C:25-19(a)(2). If a trial court finds a defendant ...

docket:	a1067-22
court:	appellate
decided:	2024-04-22
status:	Unpublished
citation:
Document Size:	10346

618 N.M.Q. v. M.A.T. -- rank: 522

... filed under the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 to -35 (the Act). Over the course of the ... when determining whether to issue an FRO. Id. at 127; N.J.S.A. 2C:25-29(a)(1) to (6). It is only an element of the statute. N.J.S.A. 2C:25-29(a)(2). The second prong requires the victim to ...

docket:	a4909-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-07
status:	Unpublished
citation:
Document Size:	26244

619 T.C v. K.T -- rank: 522

... 2014, pursuant to the Prevention of Domestic Violence Act ("PDVA"), N.J.S.A. 2C:25-17 to -35. We reverse. I. This appeal arises from ... that the defendant has committed an act of domestic violence. N.J.S.A. 2C:25-29(a). The term "domestic violence" is defined in N.J.S.A. 2C:25-19(a) to mean "the occurrence of one or more ... danger or to prevent further abuse." Id. at 127 (citing N.J.S.A. 2C:25-29a(1) to -29a(6)). Here, there is insufficient evidence ... removed from the domestic violence central registry, maintained pursuant to N.J.S.A. 2C:25-34. Reversed. This archive is a service of Rutgers School ...

docket:	a1115-14
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-06
status:	Published
citation:
Document Size:	23612

620 M.W. v. M.T.W. -- rank: 522

... plaintiff M.W., under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35. The court concluded from the trial evidence ... The judge specifically addressed each of the multiple factors under N.J.S.A. 2C:25-29(a) in determining whether a restraining order is necessary ... that defendant committed one of the predicate offenses enumerated in N.J.S.A. 2C:25-19(a). Second, if a predicate offense is shown, plaintiff ... conclusion that the evidence sufficed to meet the statutory definition. N.J.S.A. 2C:25-19(a)(13) enumerates that harassment is one of the ...

docket:	a2821-14
court:	NJ Superior Court Appellate Division
decided:	2016-02-19
status:	unpublished
citation:
Document Size:	30369

621 /usr/local/share/www/libweb/collections/courts/appellate/a4860-18.opn.html -- rank: 522

... against each other under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, alleging predicate acts arising from the same ... in the same household and had children in common, see N.J.S.A. 2C:25-19(d), and that each assaulted the other, thereby committing A-4860-18T2 6 predicate acts, N.J.S.A. 2C:25-19(a)(2), the judge considered the final prong in ... the presumption is awarded only to 'the non-abusive parent.' N.J.S.A. 2C:25-29(b)(11). As noted, the judge found that both ...

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622 J.B.-M v. J.B -- rank: 522

... enacted the Prevention of Domestic Violence Act of 1991 (PDVA), N.J.S.A. 2C:25-17 to -35, 'to assure the victims of domestic violence the maximum protection from abuse the law can provide.' N.J.S.A. 2C:25-18. And because 'courts exist for the sole purpose of ... 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:	a3553-20
court:	NJ Superior Court Appellate Division
decided:	2023-01-12
status:	Unpublished
citation:
Document Size:	34613

623 M.S. v. S.S -- rank: 522

... the Family Part's denial of his motion pursuant to N.J.S.A. 2C:25-29(d) and Rule 4:50-1 to vacate a ... him under the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 to -35 ("the Act"). The FRO was obtained by ... violence the maximum protection from abuse the law can provide." N.J.S.A. 2C:25-18. In doing so, however, "[t]he Legislature intended to ... considerations, the Legislature included a specific provision in the Act, N.J.S.A. 2C:25-29(d), which authorizes a court to dissolve or modify ... shown." Carfagno , supra , 288 N.J. Super. at 433 (citing N.J.S.A. 2C:25-29(d)); see also Kanaszka v. Kunen , 313 N.J ... facie support to dissolve the FRO for good cause under N.J.S.A. 2C:25-29(d). The material facts as to the ongoing ...

docket:	a5202-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-29
status:	unpublished
citation:
Document Size:	18302

624 K.S. v. E.S. -- rank: 520

... second determination, the court must consider the factors elucidated in N.J.S.A. 2C:25-29(a)(1) to -(6), and, as noted, must determine ... an FRO altogether in cases like that at bar. See N.J.S.A. 2C:25-29(b), which states that in proceedings for restraining orders ... despite the prohibition of using such testimony set forth in N.J.S.A. 2C:25-29(a). These factors, in addition to the utter absence ... 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 ... also may have chilled defendant's statements to the court. N.J.S.A. 2C:25-29(a) provides: If a criminal complaint arising out of ...

docket:	a5759-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-03
status:	unpublished
citation:
Document Size:	21670

625 Y.Z v. W.X -- rank: 520

... with the Prevention of Domestic Violence Act of 1991 (PDVA), N.J.S.A. 2C:25-17 to -35, following a hearing in which a final ... and physical abuse. Plaintiff also sought compensatory and punitive damages. N.J.S.A. 2C:25-29(b)(4). A-3836-18T1 2 A one-day ... for an FRO was 'self-evident.'4 In accordance with N.J.S.A. 2C:25-29(b)(4), the court ordered defendant to pay plaintiff ... when it finds it is 'necessary to prevent further abuse.' N.J.S.A. 2C:25-29(b)(4); see also D.N. v. K.M ...

docket:	a3836-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-14
status:	Unpublished
citation:
Document Size:	19728

626 W.S. v. D.C.F. -- rank: 520

... to the New Jersey Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. We reverse and remand. I. We derive ... evidence that the defendant committed an act of domestic violence. N.J.S.A. 2C:25-29(a); Franklin v. Sloskey , 385 N.J. Super. 534 , 542 (App. Div. 2006). "Domestic violence" is defined in N.J.S.A. 2C:25-19(a) to mean the "occurrence of one or more ... danger or to prevent further abuse." Id. at 127 (citing N.J.S.A. 2C:25-29b). When a trial court determines a FRO is appropriate ...

docket:	a0608-14
court:	NJ Superior Court Appellate Division
decided:	2015-11-23
status:	unpublished
citation:
Document Size:	29458

627 State v. Karlton L. Bailey -- rank: 520

... as defined in section 3 of [L. 1991, c. 261 (N.J.S.A. 2C:25-19)], . . . or a person having been convicted of a crime ...

docket:	a_96_15
court:	NJ Supreme Court
decided:	2018-01-22
status:
citation:
Document Size:	51988

628 /usr/local/share/www/libweb/collections/courts/appellate/a0360-20.opn.html -- rank: 520

... 2020, under the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35.2. Defendant contends the trial judge erred ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred.' Id. at 125. Second, the judge ... necessary, a judge must evaluate the factors set forth in N.J.S.A. 2C:25-29(a)(1) to -29(a)(6) and, applying those ...

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629 STATE OF NEW JERSEY v. HABEEB ROBINSON -- rank: 520

... violence as defined in subsection a. of section 3 of N.J.S.A. 2C:25-19; or      (7) any other crime for which the prosecutor ...

docket:	a1891-16
court:	NJ Superior Court Appellate Division
decided:	2017-02-08
status:	published
citation:	448 N.J.Super. 501 154 A.3d 187
Document Size:	62243

630 STATE OF NEW JERSEY v. SCHUYLER M. DRAKE -- rank: 520

... him under the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35, following a bench trial. He also appeals ... of imprisonment of not less than thirty days pursuant to N.J.S.A. 2C:25-30. The judge found aggravating factors three, six, and nine ...

docket:	a0153-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-30
status:	Unpublished
citation:
Document Size:	34471