A 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...
Year: 2016
New Jersey’s Firearm Forfeiture Law: You Get To Have A Hearing
New 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...
Can a Parent Be Ordered to Support a Child After College? Probably Not
An 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...
Dear Potential Whistleblowers – You’d Better Prove That You Were Fired As Retaliation
In 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...
A Claim of Cohabitation Warrants Investigation and a Court Hearing
A November 4 Appellate Court decision focused on the question: Does evidence of cohabitation by an alimony recipient permit a former spouse to compel disclosure of information about it in order to readjust a marital settlement agreement? The court said...
A Parent’s Substance Problem Won’t Always End In Losing Her/His Kids
On October 31, a New Jersey Appeals Court reversed a lower court decision which said that a drug/alcohol addicted mother (E.A.) violated the New Jersey child abuse/neglect law. As a result of that decision, the mother was included in the Central Registry by Division...
Sorry, But Hurt Feelings Don’t Make a Defamation Case
Defamation is a difficult claim to bring. And damages, harm to reputation, false accusations of criminality, are generally hard to prove. Court's often err on the side of freedom of speech in these cases.In a recent case, the person who brought the lawsuit answered an...
You Won’t Get Palimony By Suing – And Suing – And Suing
In a late July decision, a NJ judge confirmed that palimony arrangements must be in writing in order to be enforceable.The NJ palimony law says:"A promise by one party to a non-marital personal relationship to provide support or other consideration for the other...
In NJ, “Gifted” Children May Get More Child Support
"And if, by a combination of hard work, dedication, perseverance, and a great deal of luck, this child does in fact someday make it to the Broadway stage or silver screen, you heard it here first."A recent trial court (lower court) decision found that parents have to...
Both Victims and Perpetrators of Domestic Violence Should Learn From This Judge’s Mistakes
In an October 21 Appeals Court decision, a Newark police officer was had a permanent restraining order issued against him because he physically assaulted his ex-wife. The trial court previously found that the officer assaulted his wife of less than a year at least 2...