Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. W.C. -- rank: 1000

... possessing weapons or holding a firearms purchaser identification card under N.J.S.A. 2C:25-29(b) for two years following entry of a final restraining ... State argued only that it was entitled to forfeiture because N.J.S.A. 2C:25-29(b) barred the return of defendant's weapons for the ... N.J.S.A. 2C:25-21(d)(3) because N.J.S.A. 2C:25-29(b)'s two-year bar disqualified defendant from possessing or ... S.A. 2C:58-3(c)(5). 6 We recognize N.J.S.A. 2C:25-29(b) provides that restraining orders issued under the PDVA shall ... improvidently granted. The court rejected the State's argument, finding N.J.S.A. 2C:25-29(b) did not bar the return of defendant's weapons ... BECAUSE THE DEFENDANT IS BARRED FROM POSSESSING ANY WEAPONS UNDER N.J.S.A. 2C:25-29[(b)]. II. The interpretation of a statute presents a ...

docket:	a0800-20
court:	NJ Superior Court Appellate Division
decided:	2021-06-24
status:	Published
citation:
Document Size:	52495

2 N.G v. R.T -- rank: 847

... prevent further abuse.' Id. at 127. The factors enumerated in N.J.S.A. 2C:25-29(a) include '[t]he previous history of domestic violence between ... fear of defendant and the need for a restraining order. N.J.S.A. 2C:25-29(a). Defendant's arguments to the contrary are wholly unpersuasive ...

docket:	a1425-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-28
status:	Unpublished
citation:
Document Size:	53633

3 M.S. v. D.H -- rank: 740

... AVAILABLE EVIDENCE DISCLOSED TO EXIST DURING THE FRO HEARING, VIOLATED [N.J.S.A.] . . . 2C:25-29 AND NECESSITATES RELIEF FROM THE FRO. A-1548-18T2 16 ... been violated.' Ibid. (first and second alterations in original) (quoting N.J.S.A. 2C:25-29(a)(1)). Next, we consider defendant's challenge to the ... 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 victim ... existence of a verifiable order of protection from another jurisdiction. [ N.J.S.A. 2C:25-29(a)(1) to -29(a)(6).] Applying these principles, the ...

docket:	a1548-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-25
status:	Unpublished
citation:
Document Size:	47069

4 STATE OF NEW JERSEY v. D.G.M. -- rank: 740

... 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 forms ... 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 any relief ... Joan than a particular amount of feet. We also assume N.J.S.A. 2C:25-29(b) allows our courts to specifically prohibit a defendant from ... meanings. In this context, we assume the Legislature in enacting N.J.S.A. 2C:25-29(b)(7) – and the Family judge in crafting the ... type of conduct the Legislature had in mind when enacting N.J.S.A. 2C:25-29(b)(7). Cf. , State v. J.T. , 294 N. ...

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

5 M.S. v. Millburn Police Department, et al. -- rank: 737

... 1997. The court also found inapplicable the 2004 enactment of N.J.S.A. 2C:25-29(b), which “bar[s] the defendant from receiving or ... order a specific provision prohibiting plaintiff from possessing a firearm, N.J.S.A. 2C:25-29(b). Ibid. No such provision was placed in the restraining ... court had the discretion to include such a bar under N.J.S.A. 2C:25-29(b)(16)). Because a hearing was never conducted, whether the ... if . . . .” (Emphasis added). 13 3 Effective January 14 , 2004, N.J.S.A. 2C:25-29(b) required that domestic violence restraining orders include a bar ...

docket:	a-80-08
court:
decided:	2008-12-23
status:
citation:	197 N.J. 216
Document Size:	82217

6 T.L. v. J.D.G -- rank: 727

... 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 victim ... t]he best interests of the victim and any child,' N.J.S.A. 2C:25-29 (a)(4), is one of the six factors listed in N.J.S.A. 2C:25-29 a court may consider, that factor, like '[t]he financial circumstances of the plaintiff and defendant,' N.J.S.A. 2C:25- 29(a)(3), is 'relevant only to the fashioning of a ... include: barring a defendant from having contact with his children, N.J.S.A. 2C:25-29(b)(3)(b), or suspending his custodial rights to his children, N.J.S.A. 2C:25-29(b)(11), requiring him to undergo a psychiatric evaluation, ...

docket:	a1791-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-26
status:	Unpublished
citation:
Document Size:	74693

7 E.L.C v. D.M.F -- rank: 722

... FRO was necessary after applying the factors set forth in N.J.S.A. 2C:25-29(a)(1) to (6). Defendant raises numerous contentions on appeal ... addressed the non-exhaustive list of factors set forth in N.J.S.A. 2C:25-29(a)(1) to (6). Judge Fikry thereupon issued the FRO ... an act of domestic violence was committed by that person.' N.J.S.A. 2C:25-29(a). An FRO may be issued if two criteria are ... evidence. S.D., 415 N.J. Super. at 431 (citing N.J.S.A. 2C:25-29(a)). Under the preponderance standard, 'a litigant must establish that ... reconvened the parties and rendered his decision on the record. N.J.S.A. 2C:25-29(a) provides in pertinent part that '[a] hearing shall be ... findings regarding the history of domestic violence between the parties. N.J.S.A. 2C:25-29(a)(1) provides that the court in determining whether ...

docket:	a3033-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-21
status:	Unpublished
citation:
Document Size:	61358

8 M.M.-C. v. I.I. -- rank: 717

... FRO, 5 imposed a civil penalty of $250 pursuant to N.J.S.A. 2C:25-29 and ordered defendant into a Batterers Intervention Program. This appeal ... N.J.S.A. 2C:25-28(f)-(j). Under N.J.S.A. 2C:25-29, following a hearing, the judge may, among other relief, issue ... the victim to domestic violence, as defined in [the] act." N.J.S.A. 2C:25-29(a). In determining whether to issue a FRO under the ... based upon an evaluation of the factors set forth in N.J.S.A. 2C:25-29(a)(1). Silver , supra , 387 N.J. Super. at 127 ... and defendant; [and] [t]he best interests of the victim[.] [ N.J.S.A. 2C:25-29(a).] In this case, the numerous prior acts of domestic ... that restraints were necessary because all the factors cited in N.J.S.A. 2C:25-29(a) were not found by the judge. Defendant's ...

docket:	a2276-14
court:	NJ Superior Court Appellate Division
decided:	2016-06-01
status:	unpublished
citation:
Document Size:	50446

9 M.M.-C. v. I.I. -- rank: 717

... FRO, 5 imposed a civil penalty of $250 pursuant to N.J.S.A. 2C:25-29 and ordered defendant into a Batterers Intervention Program. This appeal ... N.J.S.A. 2C:25-28(f)-(j). Under N.J.S.A. 2C:25-29, following a hearing, the judge may, among other relief, issue ... the victim to domestic violence, as defined in [the] act." N.J.S.A. 2C:25-29(a). In determining whether to issue a FRO under the ... based upon an evaluation of the factors set forth in N.J.S.A. 2C:25-29(a)(1). Silver , supra , 387 N.J. Super. at 127 ... and defendant; [and] [t]he best interests of the victim[.] [ N.J.S.A. 2C:25-29(a).] In this case, the numerous prior acts of domestic ... that restraints were necessary because all the factors cited in N.J.S.A. 2C:25-29(a) were not found by the judge. Defendant's ...

docket:	a2276-14
court:	NJ Superior Court Appellate Division
decided:	2016-06-01
status:	unpublished
citation:
Document Size:	50457

10 A.P.V v. G.T -- rank: 707

... of stalking. Also in August 2021, Gina moved pursuant to N.J.S.A. 2C:25-29(d) to dissolve the FRO obtained by Adam. Gina certified ... transcript of the April 2021 FRO hearing, as required under N.J.S.A. 2C:25-29(d). The judge stated that although another judge issued the ... Kunen, 313 N.J. Super. 600, 607 (App. Div. 1998); N.J.S.A. 2C:25-29(a)(1). A-0549-21 9 If a plaintiff has ... necessary, upon an evaluation of the facts set forth in N.J.S.A. 2C:25-29(a)(1) to -29(a)(6), to protect the victim ... 281 N.J. Super. 243, 248 (App. Div. l995) (citing N.J.S.A. 2C:25- 29(a)); see also Cesare, 154 N.J. at 402. Having ... different from those relied upon by the trial court').3 N.J.S.A. 2C:25-29(d) provides that an FRO may be dissolved or ...

docket:	a0549-21
court:	NJ Superior Court Appellate Division
decided:	2023-01-20
status:	Unpublished
citation:
Document Size:	30142

11 /usr/local/share/www/libweb/collections/courts/appellate/a4395-19.opn.html -- rank: 707

... reaching that determination, she considered the six factors enumerated in N.J.S.A. 2C:25-29(a)(1) to (6). She first found that there was ... in counsel fees and costs as compensatory damages pursuant to N.J.S.A. 2C:25-29(b)(4). This appeal followed. Our review of a Family ... 19(a), it must then consider the factors enumerated in N.J.S.A. 2C:25-29(a)(1) to (6)4 to determine whether an FRO ... 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 victim ... existence of a verifiable order of protection from another jurisdiction. [ N.J.S.A. 2C:25-29(a)(1) to (6).] A-4395-19 15 Super. at ... look to other relevant factors not included in the statute. N.J.S.A. 2C:25-29(a); N.T.B. v. D.D.B., 442 ...

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12 B.L.D v. C.M.C -- rank: 702

... the relationship and to give context to otherwise ambiguous behavior. N.J.S.A. 2C:25-29(a)(1); J.D., 207 N.J. at 479. Trial ... 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 victim ... 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 facts ...

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

13 A.M v. J.P.M -- rank: 702

... instead of considering the statutory factors the Legislature established in N.J.S.A. 2C:25-29(a)(1) to (6). Specifically, the judge declared 'the plaintiff ... finding, 'upon an evaluation of the factors set forth in N.J.S.A. 2C:25- -29(a)(1) to -29(a)(6),' that a restraining order ... is not among the six factors the Legislature included in N.J.S.A. 2C:25-29(a)(1) to -29(a)(6). 5 5 N.J.S.A. 2C:25-29(a) provides in part: A-0900-20 12 The only ... not done here. Instead of focusing on the factors in N.J.S.A. 2C:25-29(a)(1) to (6) and weighing the parties' entire relationship ... is in immediate danger from the defendant. The factors in N.J.S.A. 2C:25-29(a)(1) to (6) are a non-exclusive list ...

docket:	a0900-20
court:	NJ Superior Court Appellate Division
decided:	2021-09-10
status:	Unpublished
citation:
Document Size:	40267

14 STATE OF NEW JERSEY v. E.C. -- rank: 700

... with the victim or members of the victim's family, N.J.S.A. 2C:25-29(b)(6), (7); modify parenting time, N.J.S.A. 2C:25-29(b)(3);�restrict the right to purchase or possess firearms, N.J.S.A. 2C:25-29(b); enjoin use of a residence, N.J.S.A. 2C:25-29(b)(2); require completion of various counseling programs, N.J.S.A. 2C:25-29(b)(5); and impose civil penalties "of at least $50, but not to exceed $500[,]" N.J.S.A. 2C:25-29.1. However, . . . these provisions are designed to protect a ...

docket:	a5204-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-07
status:	unpublished
citation:
Document Size:	28421

15 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 697

... trial court, after vacating the final restraining order pursuant to N.J.S.A. 2C:25-29(d) and Carfagno v. Carfagno, 288 N.J. Super. 424 ... New York order of protection, was not automatically admissible pursuant N.J.S.A. 2C:25-29(a)(1), as that provision is limited to the history ...

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court:	NJ Superior Court Law/Chancery Division
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