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December 2016 Archives

Final Restraining Orders Require Factual Findings

rest.jpgA December 5th Appeals Court decision discussed 2 rare problems in a domestic violence case. First, can a judge issue a Final Restraining Order (FRO) simply because the 2 sides agree to it, without an examination of the facts? Second, if both husband and wife agree to dismiss an appeal after an FRO was issued, can they do that? The lower court judge said absolutely not in both circumstances.

New Jersey's Firearm Forfeiture Law: You Get To Have A Hearing

njsp.jpgNew Jersey is known for having the strictest firearm laws in the United States (rivaled by only California). A person who has managed to secure either a pistol or rifle (both require separate licenses), can have those licenses/firearms subject to forfeiture in almost any criminal charge/conviction.

Dear Potential Whistleblowers - You'd Better Prove That You Were Fired As Retaliation

whitle.pngIn a November 28 ruling, a New Jersey Appeals Court said that merely claiming that you were fired for participating in legally protected "whistle-blowing" activity doesn't work. Under the law, a person has to give proof that any reasons the employer shows for firing are just excuses, and the real reason was for the protected activity.

Can a Parent Be Ordered to Support a Child After College? Probably Not

cash.jpgAn October 7 Appeals Court decision involved a disagreement between divorced parents over whether the non-custodial parent must continue to pay child support or other financial benefits for a child that has recently obtained a bachelor's degree and decided to pursue graduate school. That Court said probably not and there is a burden on the child to explain exactly why he/she is incapable of being a full fledged, economically self sufficient adult. Also, child support (although not financial assistance) legally must end at 23. The idea of court ordered financial assistance beyond the age of 23 is meant for extreme circumstances.