Search Rutgers Law Library N.J. Court Opinions

1 C.R. v. M. T. \t -- rank: 1000

... safety or well-being of the alleged victim” pursuant to N.J.S.A. 2C:14-16(a)(2) in order to obtain a final protective order ... After hearing testimony, the trial court made explicit findings under N.J.S.A. 2C:14-16(a)(1) and (2). The court found that (1) Clara ... test the trial court had used to assess consent under N.J.S.A. 2C:14-16(a)(1). 461 N.J. Super. 341, 350-51 (App ... court on remand could expand upon its abbreviated discussion of N.J.S.A. 2C:14-16(a)(2). Id. at 448. On remand, Clara testified that ... credible” and “not truthful.” On the first factor, N.J.S.A. 2C:14-16(a)(1), the court therefore held that consent to sexual ... was not 1 affirmatively and freely given.” Turning to N.J.S.A. 2C:14-16(a)(2), the court noted that “the statute ...

docket:	a_47_22
court:	supreme
decided:	2024-04-19
status:	Published
citation:
Document Size:	136563

2 C.R. v. M.T. -- rank: 717

... the safety or well-being of the alleged victim.” N.J.S.A. 2C:14-16(a). After conducting a hearing, the trial court found both ... as the two “prongs” of SASPA set forth in N.J.S.A. 2C:14-16(a). (pp. 16-18) 2. SASPA does not define � ... awareness of the M.T.S. standard. The language of N.J.S.A. 2C:14-16(b), further, is consistent with applying the standard set forth ... the safety or well-being of the alleged victim.” N.J.S.A. 2C:14-16(a)(2). The trial court first noted that there was ... the Superior Court must hold a hearing within ten days. N.J.S.A. 2C:14-16(a). At the hearing, the applicant must prove the allegations ... any attempt at such conduct, against the alleged victim.” N.J.S.A. 2C:14-16(e). Pursuant to N.J.S.A. 2C:14- ...

docket:	a-58-19
court:	NJ Supreme Court
decided:	2021-09-20
status:
citation:
Document Size:	58787

3 M.M. v. M.P. -- rank: 650

... of future risk to her safety and well-being; 2) N.J.S.A. 2C:14-16(a)(2) is unconstitutionally vague; and 3) the Family Part ... 15(a). The trial court may issue an FPO under N.J.S.A. 2C:14-16(a) when a plaintiff demonstrates the allegations made in the ... to the safety or well- being of the alleged victim. [N.J.S.A. 2C:14-16(a)]. Marc contends that Melissa did not satisfy either of ... of nonconsensual sexual contact of Melissa's 'intimate parts' under N.J.S.A. 2C:14-16(a)(1). Therefore, she established a predicate act. The second factor to be considered under N.J.S.A. 2C:14-16(a)(2), prior to the entry of an FPO, is ... merriam-webster.com/dictionary/risk (last accessed Feb. 6, 2019). N.J.S.A. 2C:14-16(a)(1) requires a plaintiff to prove by a ...

docket:	a4499-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-21
status:	Unpublished
citation:
Document Size:	25079

4 B.C. v. V.C. -- rank: 576

... proceedings on plaintiff's requests for final restraining orders under N.J.S.A. 2C:14-16, the court dismissed the SASPA complaints, finding the statute was unconstitutional as applied to defendant. N.J.S.A. 2C:14-16 provides that 'the standard for proving the allegations made in ... with his children, the preponderance of the evidence standard in N.J.S.A. 2C:14-16 was constitutionally insufficient to protect defendant's due process liberty ... child requires proof by clearing and convincing evidence and therefore N.J.S.A. 2C:14-16 was unconstitutional as applied to the SASPA claims against defendant ... a hearing, issue a final restraining order barring any contact, N.J.S.A. 2C:14-16(f). A final restraining order remains in effect until further ... petition the court to modify or dissolve the final order. N.J.S.A. 2C:14-16(i). Where a law enforcement officer finds probable cause ...

docket:	a5323-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-23
status:	unpublished
citation:
Document Size:	23824

5 C.R v. M.T. -- rank: 568

... alleged victim demonstrate – by a preponderance of the evidence, N.J.S.A. 2C:14-16(a) – that a sexual encounter was nonconsensual. Lack of ... to the safety or well-being of the alleged victim.' N.J.S.A. 2C:14-16(a)(2). SASPA's first prong requires that an alleged ... sexual penetration, or lewdness, or any attempt at such conduct.' N.J.S.A. 2C:14-16(a)(1). We start by observing that plaintiff's claim ... prong – an act of 'nonconsensual' sexual contact or penetration, N.J.S.A. 2C:14-16(a)(1) – we look to N.J.S.A ... the alleged victim's or the respondent's alleged intoxication.' N.J.S.A. 2C:14-16(b). In that same A-0139-18T4 12 an intention ...

docket:	a0139-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-13
status:	Published
citation:
Document Size:	30987

6 R.L.U. v. J.P. -- rank: 555

... protective order if supported by a preponderance of the evidence. N.J.S.A. 2C:14-16(a). A final protective order requires a finding of nonconsensual ...

docket:	a4823-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-04
status:	Published
citation:	457 N.J.Super. 129 198 A.3d 304
Document Size:	18942

7 State v. Oscar Ramirez -- rank: 540

... personal, written, or telephone contact, or contact via electronic device. [ N.J.S.A. 2C:14-16(f)(2) (emphases added).] 27 All of those enactments, read ...

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

8 B.C. v. J.L -- rank: 522

... s safety or well-being under SASPA's second prong, N.J.S.A. 2C:14- 16(a)(2), and plaintiff failed to meet his burden for ... plaintiff.2 He found plaintiff satisfied the first prong of N.J.S.A. 2C:14-16(a). The judge's finding on that prong is not ... trial judge further found plaintiff satisfied the second prong of N.J.S.A. 2C:14-16(a) because the encounter left plaintiff 'traumatized.' The judge concluded ... s finding that plaintiff satisfied the second requirement of SASPA, N.J.S.A. 2C:14-16(a)(2). Defendant requests reversal of the FPO based on ... to the safety or well-being of the alleged victim. [N.J.S.A. 2C:14-16(a).] A-1636-20 7 The statute does not define ... without more, is insufficient to satisfy the second prong of N.J.S.A. 2C:14-16(a). Recently our Supreme Court held the mere possibility ...

docket:	a1636-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-23
status:	Unpublished
citation:
Document Size:	19009

9 C.R v. M.T -- rank: 514

... to [her] safety or well-being.'' Id. at 344 (quoting N.J.S.A. 2C:14-16(a)(2)). As with prong one, we 'd[id] not ... judge erroneously found plaintiff satisfied the second requirement of SASPA, N.J.S.A. 2C:14-16(a)(2). Defendant maintains the parties engaged in consensual sexual ... to the safety or well-being of the alleged victim. [N.J.S.A. 2C:14-16(a).] As a preliminary matter, we find no merit to ... simply filing for a protective order' satisfied the requirements of N.J.S.A. 2C:14-16(a)(2), 'prong two would be met in every single ... N.J. Super. 112, 126-27 (App. Div. 2006). Under N.J.S.A. 2C:14-16(a)(2), plaintiff must demonstrate 'the possibility of future risk ... to the plain meaning of the terms set forth in N.J.S.A. 2C:14-16(a)(2), recognizing statutory language should also be considered ...

docket:	a2158-21
court:	NJ Superior Court Appellate Division
decided:	2023-01-20
status:	Unpublished
citation:
Document Size:	28670

10 T.D. v. A.L -- rank: 455

... erroneously applied both prongs of the SASPA set forth in N.J.S.A. 2C:14-16(a), which requires courts 'consider but not be limited to ... prove the allegations by a preponderance of the evidence under N.J.S.A. 2C:14-16(a). We conclude plaintiff's unrefuted testimony demonstrated she did ... could not have been the Legislature's intention. [Ibid. (quoting N.J.S.A. 2C:14-16(a)(2)).] Similarly, under the PDVA, 'the Legislature did not ...

docket:	a3569-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-20
status:	Unpublished
citation:
Document Size:	24581