NJ Restraining Order Against VA Man Is Valid

L.D.L. sought a final restraining order, pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, against D.J.L. in New Jersey immediately upon her return from Virginia, where an incident occurred. The parties resided in Virginia since they were first married there. When the parties divorced, the Plaintiff moved to New Jersey. While Plaintiff was in Virginia thereafter, the defendant chased her car with his, bumping it repeatedly at a light then proceeded to exit his vehicle and bang on the Plaintiff’s car window and threatening to kill her. The light changed and Defendant continued pursuit for approximately 20-30 minutes. Later the Defendant left Plaintiff a voicemail including “Hey, had a great time this morning. Can’t wait to do it again. See you soon….” Later that night, the Plaintiff called Defendant at his request and, when Plaintiff wanted to terminate the call, the Defendant said “I’ll see you soon.” Based on the car chase, the phone contact, and claims of Defendant’s past abuse and PTSD, Plaintiff sought a final restraining order. On the hearing date, both parties appeared without counsel and were advised of their right to an adjournment to seek counsel. Each agreed to proceed and to do so without counsel. This constituted the Defendant’s submission to personal jurisdiction in New Jersey. Additionally, testimony showed that Defendant had called Plaintiff in New Jersey by voicemail and telephone, conferring jurisdiction by establishing the minimum contacts required to establish personal jurisdiction. The court found that the Plaintiff had proven that the Defendant had made a terroristic threat, in violation of N.J.S.A. 2C:12-2, and did harass the Plaintiff in violation of N.J.S.A. 2C:33-4. Finally, the court found that the Plaintiff did need the protection of a FRO. The Defendant appealed, challenging that the New Jersey court did not have jurisdiction over him but without challenge to the factual basis. The N.J. Appellate Division upheld the decision of the court below as to jurisdiction and affirmed. If you are in need of a final restraining order, or in need of defense against a FRO, contact The Darling Law Firm, LLC at 973-584-6200. For more information about restraining orders, domestic violence or other family law matters, visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Alimony Suspended While Wife is Ward of The State

In M.J. v. K.J., Plaintiff with significant mental health issues sought to reinstate alimony retroactively while still under state supervision after commitment to a state mental health facility. Plaintiff and Defendant married in 1989 and had three children. Over time, Plaintiff became increasingly non-compliant with prescription medication for mental health issues. In 2009, Plaintiff attempted suicide and was admitted to a mental health facility and diagnosed as having bipolar disorder. Plaintiff’s failure to take her medication resulted in increasingly inappropriate behavior including stalking her chiropractor, for which she was ultimately incarcerated and an order of protection was issued against her. In 2009, Plaintiff filed for divorce and the parties entered into a consent order giving Defendant and the children exclusive possession of the marital home. Plaintiff broke in and, upon arrest, was admitted to a mental health facility. Plaintiff violated a TRP the Defendant obtained and continued to harass the Defendant throughout the divorce proceedings. The divorce called for the Plaintiff to have supervised parenting time with the parties’ youngest child and the two older children would make their own decisions with regard to visitation. Defendant was required to pay Plaintiff $2,000 monthly until either party’s death, Plaintiff’s remarriage or co-habitation with an unrelated adult or Defendant’s retirement. The Plaintiff continued to violate the FRO and was sentenced to 180 days incarceration during which Defendant’s alimony obligation was suspended for as long as Plaintiff was incarcerated or institutionalized. Plaintiff was released and reoffended by violating the restraining order multiple times with the last event occurring when Plaintiff appeared at Defendant’s workplace and pointed what appeared to be a semi-automatic handgun at him. He ran off calling the police as he fled and police found Plaintiff with what turned out to be an unloaded BB gun made to look real. Plaintiff was taken to the hospital and then incarcerated. The court ordered alimony suspended for the duration of the incarceration stemming from the fake handgun incident. Plaintiff was ultimately acquitted by reason of insanity and placed in Greystone Park Psychiatric Hospital. Per State v. Krol, 68 N.J. 236 (1975), the court found that it was a matter of fundamental fairness to suspend the alimony payments of Defendant indefinitely, without accrual of arrears, as the Plaintiff was a ward of the State. In light of the egregious effect that Plaintiff’s actions had on the Defendant, the court did indicate that, upon the Plaintiff’s release from Greystone, the Defendant could petition the court for termination of alimony obligation. Further, the court denied the Plaintiff’s motion to modify the FRO permitting her to communicate with her children. Upon Plaintiff’s release from Greystone, she remained under the court’s jurisdiction with the requirements that she attend treatment and take her medication. Plaintiff again sought modification of the FRO to allow for parenting time and to reinstate the alimony obligation. The court held that, as the State was meeting her needs, it would be inequitable for the Defendant to pay alimony. On Plaintiff’s appeal, the appellate division affirmed indicating that the FRO was not properly placed before them and the Plaintiff had no need for alimony as the State continued to meet her financial needs. If you have a family law matter or are looking to modify an existing alimony order, you should seek an experienced family law attorney. To learn about your rights in a particular situation, visit DarlingFirm.com or call 973-584-6200 now to schedule a consultaion. This blog is for informational purposes only and not intended to replace the advice of an attorney.

FRO Issues After Terroristic Threats In Courthouse

A.M.C. v. A.M.A. involved a Final Restraining Order (FRO) between unmarried parties with a 13 year old son in common. As the parties had a relationship at one time, the matter fell within the Prevention of Domestic Violence Act (PVDA) (N.J.S.A. 2C:25-17 to -35). There was a substantial amount of litigation between the parties and a court proceeding in that matter took place wherein it was decided that the parties would participate in reunification therapy for the child and Defendant to rebuild their relationship. Immediately thereafter, the Defendant is reported to have shouted vindictive statements at the Plaintiff and threatened that he would kill her. The Plaintiff sought a temporary restraining order (TRO) which was granted that day. The TRO complaint alleged harassment (N.J.S.A. 2C:33-4) and terroristic threats (N.J.S.A. 2C:12-3). On March 15, 2018, a FRO was entered by the Family Part judge after testimony was presented by both parties including testimony about past physical abuse and verbal abuse by Defendant against Plaintiff. The Family Part judge found the Plaintiff to be credible in her testimony and refused to accept the Defendant’s proffer that the Plaintiff only filed the domestic violence complaint to gain an advantage in the ongoing custody battle. The Defendant also included that the parties live an hour apart and the Plaintiff has sole custody of the child as a reason that a FRO was unnecessary but the court felt that the Plaintiff had a reasonable fear of the Defendant. It was on the grounds of distance and the fact that the parties have no ongoing relationship that the Defendant appealed. The Appellate Division looked to the two-part analysis required under the PVDA pursuant to Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006). First, the Plaintiff must prove, by a preponderance of the evidence, that at least one of the predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred. In this case, the act was harassment. Second, the court must find that a restraining order is necessary to protect the victim based on the factors included in N.J.S.A. 2C:25-29(a)(1) to – 29(a)(6). The Appellate Division determined that, although the parties were separated by some distance, they would be interacting as a result of the reunification therapy and protection was reasonable. The Appellate Division affirmed. If you are in fear and seeking a restraining order or defending against one, you should speak to an experienced attorney to determine what your rights are under the PVDA and whether you are likely to succeed in your case. To learn more about restraining orders visit DarlingFirm.com or for representation now, call us at 973-584-6200 to schedule a consultation. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Risk Assessment Is Required if Requested By A Party in NJ Parenting Time Decisions

A New Jersey statute, N.J.S.A. 2C:25-29(b)(3)(a) requires a risk assessment prior to the entry of a parenting time order if either party requests one. This statute is designed to protect children but has potential for abuse by a resentful party. Because a risk assessment may be ordered when establishing the initial parenting time or any time thereafter for modification motions, it is one which may be used by a resentful party against another to cause further stress during or after the dissolution of a relationship in which children are involved. Fortunately, if the Court finds that the request is arbitrarily designed to cause difficulty for the defending party and has no real basis, the court need not order a risk assessment. In many situations risk assessment requests will not be ordered by the court. However, in cases where this is a final restraining order (FRO) against the party, there are concerns about drug or alcohol use, there are signs of inadequate supervision during parenting time and similar issues, the court will have reason to order a risk assessment. During the pendency of the risk assessment, parenting time may be limited or suspended. Risk assessment is a lengthy process which involves a court appointed professional meeting with each party to make an evaluation then preparing a report to the judge which will likely be relied on by the judge in making the final decision after a hearing in which both parties appear after the report is complete. When being assessed, either party may provide statements, witnesses, medical records and other evidence to prove their case. If you are seeking or defending a change in custody in which you believe a risk assessment will or should be involved you need an experienced family law attorney by your side to protect your rights. For more information on parenting time, custody, divorce, dissolution of civil union or domestic partnership, alimony, child support 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.

Trial Court Must Set Forth Basis of Need For Final Restraining Order in NJ

Restraining orders began as a resource to provide necessary protection for battered women and children. Since their inception, the nature of the call for domestic violence orders have changed. Sadly, domestic violence orders are used in the NJ Courts to the benefit of the accusing party as leverage in matrimonial actions. As a result of the misuse of restraining orders, Judges are required to set forth specific findings of fact regarding the events giving rise to the allegations, surrounding circumstances, any past domestic issues issues of the parties or one of them and the totality of the circumstances of the parties. Each domestic violence dispute involves a very specific fact pattern which should be fully set forth in Court prior to the Judge making a decision in the matter. In the event a defendant is unable to properly articulate a response to allegations, the Court should make every effort to obtain from the defendant a specific and accurate response as to allegations. In no event should a Judge simply interpret ambiguous statements of either party without further inquiry. If you are involved in a domestic violence matter, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on domestic violence, criminal law or 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.