Tag Archive for: court decisions

Can You Request The Courts To Dismiss A Final Restraining Order?

restraining orderOnce a Domestic Violence Final Restraining Order (FRO) is entered against a person in New Jersey, it is difficult to have that FRO dismissed at a later time. New Jersey is one of the few states that actually has permanent FROs. In order to have an FRO dismissed, the court must agree that there is no continued need for the FRO. It certainly helps if the victim agrees with dismissing the restraining order. But, what if the victim does not agree to dismiss the FRO, even after more than nine years?

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New Jersey Trial Court Says Coercion Can Be Domestic Violence

help for domestic violence victimsIn a strongly worded decision, the trial court in the recent case of J.L. v A.C. stated that a defendant may commit domestic violence through the act of coercion. The court, after entering a Final Restraining Order (FRO) against A.C., issued a supplemental order specifically addressing the act of coercion as domestic violence. Read more

Domestic Violence: Proving The Need For A Final Restraining Order

Get help for domestic violenceThe New Jersey courts strive to take domestic violence seriously, and, in this pursuit, the courts evaluate every situation where domestic violence is alleged. In some cases, the courts find that even though a defendant may indeed have harassed another, there simply may not be a need for a final restraining order. What factors are taken into consideration when making this decision? A recent court case sheds some light Read more

Courts Explore Emancipation Factors In Child Support Cases

older kids and divorceCourts in New Jersey are frequently asked to modify, recalculate and terminate child support obligations for various reasons. In cases of emancipation of a child, the courts have routinely found that retroactive modification of child support is permitted, and may sometimes result in a credit or refund to the parent paying the support. In one recent case ruling, the Appellate Division discussed some of the factors that a court must consider in determining whether a child is emancipated. Read more

You Pay Child Support For Your Teen: Do you Have to Pay Car Insurance, Too?

child support and car insuranceIn the case of Fichter v. Fichter, the New Jersey Appellate Court discussed the New Jersey Child Support Guidelines and amendments to the child support laws relating to car insurance for teen drivers. Do you need to pay car insurance for your teen driver, or should you expect your child’s other parent to share the costs? Read more

Fugitive From Support Obligations? New Jersey Courts Will Not Help You

Dealing with an international child custody dispute? In a recent New Jersey Appellate court decision (Matison v. Lisnyansky), a three judge panel found that a man who failed to pay his palimony and child support, and who had fled to Russia, could not use the New Jersey court system to help him appeal the palimony and custody judgment against him. Mr. Lisnyansky remained outside of the country avoiding arrest on an outstanding warrant for failure to pay his child support when he filed his appeal. Read more

Divorcing With Kids? Don’t Lose Out On Thousands In Child Support

are you owed extra child support?

Is child support at stake in your divorce? Here’s some important news you need to know. In a recent New Jersey Superior Court decision, Judge Lawrence R. Jones handed down a precedent-setting decision that establishes the retroactive date an initial child support obligation can be collected on as the date the parents filed for divorce, not the filing date of a separate motion for child support, as has been previously followed. In many divorces, the difference between these two dates can be months or even years, meaning that some parents could be due to collect — or pay — hundreds or even thousands more in support than previously thought. Read more

New Jersey Supreme Court Issues Opinion on Special Immigration Juvenile Status Cases

child immigration

The New Jersey Supreme Court recently issued a decision in two consolidated cases, H.S.P. v. J.K. and K.G. v. M.S., clarifying the role of family courts in special immigration juvenile status (SIJS) cases. This opinion brings attention to the grave circumstances that can drive families to send their children on perilous journeys across international borders, and discusses the legal process involved in seeking one potential avenue for such children to establish legal residency in the United States. If you are the parent, relative, or friend of one of these children, this information may be of great value. Read more