Same-Sex Marriage Begins In NJ, Are Civil Unions A Thing Of The Past?

Yesterday, October 21, 2013, gay and lesbian couples in communities throughout New Jersey received hope that Civil Unions may be a thing of the past and as marriage ceremonies and celebrations began at sunrise. These couples believe it is likely that, going forward, same-sex civil unions will no longer be the lesser option available to members of the LGBT community who wish to express their love for their partners with the same rights and protections afforded heterosexual couples. Many same-sex couples throughout the state rushed to be among the first to effectuate their marriages after a New Jersey Superior Court Judge's ruling effectively allowed New Jersey to join the 13 other states that recognize gay and lesbian marriages. Going into the weekend, many of these couples did not even know if their ceremonies would take place as the New Jersey Supreme Court unanimously rejected Governor Christie's request to push back the date for the implementation of the same-sex weddings. The governor requested that the New Jersey Supreme Court overturn the trial court's ruling, effectively delaying same-sex weddings, until an appeal could be heard on the issue. Although the Supreme Court agreed to hear the appeal in January 2014, it rejected the request to overturn the lower court's ruling. On Monday, October 21, 2013, Governor Christie announced that he is dropping his appeal to overturn the lower court's decision. The governor stated that he decided to drop the appeal because the Justices of the New Jersey Supreme Court have made it clear they would rule in favor of gay marriage in January if they were to hear the case. Therefore, as of yesterday New Jersey became the 14th state in the United States of America to recognize same-sex marriage. Is this really the end of the battle? Time will tell. In the meantime, LGBT couples will still have the option to engage in civil unions as a means to legally validate their love. Couples are not required to engage in a marriage ceremony under the recent developments within the state. Civil Unions will continue to offer same-sex couples an option to legally join their lives. Whether they will have to be ratified later in order to receive the full protections enjoyed by married couples is unknown. If you have questions regarding the protections afforded by civil unions in New Jersey it is important for you to consult with an attorney with experience in this area of the law. For more information about same-sex civil union, same-sex relationship dissolution, or other family law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Domestic Violence Charges Not A Right To Counsel in NJ

The NJ Appellate Division recently held, in D.N. v. K.M./K.M. v. D.N, that neither plaintiffs nor defendants in a domestic violence matter who cannot afford counsel are entitled to the representation of counsel at the expense of the state. The Appellate Division rendered this ruling even though one significant consequence of domestic violence is the immediate loss of weapons with the potential of permanent loss of weapons and the inability to purchase, possess or carry weapons in the future in the event of a guilty finding. In spite of legislation and a lean toward the removal of guns from the hands of the people, the right to keep and bear arms remains a constitutional right at this time. The Appellate Division offered the reasoning that, unlike other criminal actions, domestic violence is a matter of the victim against the defendant rather than the full force of the state of New Jersey against the defendant. The court further reasoned that domestic violence laws are curative in nature and designed to stop further acts of domestic violence. However, before the court can make a finding of domestic violence, it must find that an offense such as harassment, stalking or assault occurred. If you are facing domestic violence charges, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on assault, harassment, stalking, terroristic threats, child custody, domestic violence, parenting time/visitation, dissolution of a civil union, marriage or domestic partnership, alimony, palimony or other family and criminal law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Sexual Assault Case Was in The Details in NJ

In State v. Nash, a former librarian at the Morton Street Elementary School was found guilty of sexual assault charges and spent 10 years in prison before he was granted a retrial based on newly discovered evidence. The NJ Supreme Court ruled that if would be a fundamental injustice not to review the case in light of newly discovered evidence tending to exonerate Nash. Nash contested the charges of sexual assault as impossible based on the fact that the accusing student, J.B., a 12 year old special needs student, had a personal aide with him at all times. However, school principal Carl Gregory, now deceased, testified that J.B. did not have a personal aide. Gregory failed to testify to the fact that Chrystal St. Louis was J.B.'s student aide and with J.B. at all times. Gregory claimed not to have made that disclosure due to the fact that he was not questioned about it while providing testimony to the court. N.J. Court Rule 3:22-4(a) typically bars appellate courts from considering matters not raised at trial however, testimony regarding the presence of a student aide with J.B. at all times during the day is compelling and likely to change the outcome of a trial. N.J. Supreme Court Justice Barry Albin reasoned that strict adherence to N.J.C.R. 3:22-4(a) would amount to a "miscarriage of justice." Seemingly minor details can have substantial consequences in the outcome of a criminal matter. If you are facing criminal charges, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on sex crimes or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Past Due Support Can Affect Your NJ Business

If you are obligated to pay child support to a former spouse or domestic partner you, and your business partners, may be shocked when your business interest is attached by them. Although they may only attach your interest, a former spouse or partner who obtains a judgment against you for past due child support can affect your business by tying it up in litigation and creating strife among you and the other members of your limited liability company (LLC). New Jersey Statute 42:2B-45 allows a judgment creditor to attach the interest of a debtor in any limited liability company in which they are a member. This judgment will not attach to the interest of any other LLC members but litigation as to what your specific interest in the LLC is can create enough tension to result in dissolution, or your being forced out of the LLC by the other members. If you are seeking to collect or defending against collection of a large amount of past due child or spousal support you should contact a family law attorney with small business divorce experience immediately to protect your rights. For more information on child support, spousal support, palimony, alimony, divorce, dissolution of civil union or domestic partnership or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

NJ Alcotest Trial

A guilty verdict in a DUI can have serious consequences including loss of license, heavy fines and even incarceration.
If you have been charged with DUI in New Jersey, there are ways in which you can beat the charges. The Prosecutor MUST prove, by clear and convincing evidence, you were 1) operating a motor vehicle and 2) under the influence an intoxicant.
Provided it is possible, the accused is typically forced to submit to "field sobriety tests" by a trained officer. Of course, this is a subjective test and may be affected by many issues such as inner ear infections and other issues causing balance problems, disabilities or injuries causing balance or mobility problems, eye problems and other medical conditions or medicines.
In NJ you will also be asked to submit to an Alcotest (formerly Breathylizer) which determines the amount of alcohol in your blood by taking a breath sample. Although the officer administering the test will claim it is infallible, there are multiple parts to the machine which all must be working properly. A trained DUI attorney knows the parts of the machine subject to attack and how to go about proving they were not working properly at the time the Alcotest was administered to the accused. Additionally, there are certain conditions under which the test must be administered which a trained DUI lawyer is aware of and knows to look for. Finally, the officer administering the test must not only follow proper procedure but must be certified to perform the test as well.
We also have trained experts available to assist you in your case against a DUI matter. These experts were former Alcotest operators and trainers who trained the offices to use the alcotest machines. They know how to help us beat a DUI.
If you have been charged with DUI in Morris, Sussex, Bergen or Passaic County, New Jersey visit HeatherDarlingLawyer.com for more information or contact us directly at 973-584-6200 to get the help you need.
A DUI is a serious matter and should not be faced alone.
For more information about us or a DUI visit HeatherDarlingLawyer.com