The lawyers at our law firm here in East Brunswick, New Jersey, handle many child custody disputes. Needless to say, emotions run very high which may result in one parent having to obtain a restraining order against the other while the child custody case is still ongoing. The attorneys at our New Jersey based law firm have had many cases wherein the temporary restraining order was absolutely necessary to protect the victim. However and regretfully, we have also had cases in which a questionable temporary restraining order is obtained by one parent with the underhanded goal of hoping to gain an “upper hand” in the child custody dispute. This blog analyzes how a judge of the Family Part of the Superior Court of New Jersey decides if the restraining order is “credible” or was obtained for the sole purpose of gaining an unfair advantage in the pending child custody case. [Read more…] about How Does Domestic Violence Affect A Pending Child Custody Case?
Every day technology advances and changes the world we live in. Even the law is adapting to keep up with the new digital world, and the lawyers at my law firm are keeping up with this technology and how it affects our cases. After all, almost everyone has a smart phone these days and can easily broadcast anything they wish. Recently, my law firm was representing the victim in a Final Restraining Order trial and the defendant wanted the proceedings recorded on camera. One of our associate attorneys successfully argued that the defendant intended to post the trial on the Internet only to further harass our client which is what New Jersey’s Prevention of Domestic Violence Act was intended to prevent. Our legal argument was successful and the defendant’s motion was denied.
Yes. The domestic violence attorneys at our law firm embrace that text messages that fall under harassment as per New Jersey’s Prevention of Domestic Violence Act may constitute enough proof and evidence that a Final Restraining Order is required. In breaking down this recent case this lawyer illustrates what type of text messages constitute harassment under New Jersey law.
As an attorney who has handled countless restraining order trials, it is my legal opinion that cell phones have been a true game-changer with respect to the landscape of New Jersey’s Prevention of Domestic Violence Act. As I and the experienced attorneys ay my law firm all embrace, cell phones can contain valuable evidence in the form of text messages, e-mails, and voice-mails that can make or break a vast majority of final restraining order trials. Still there are strict rules about evidence and whether it is admissible in a New Jersey Family Court and how evidence must be presented. The recent case of E.C. v. R.H. tackled the issue of how electronic information stored on cell phones should be presented in a court of law. [Read more…] about Texting, Harassment and New Jersey’s Prevention of Domestic Violence Act
In my nearly twenty years as a New Jersey Divorce Attorney, I have had clients come to me raising issues of domestic violence. Of course, I have heard some horrific stories of abuse. However, I have had a number of client’s share with me that they are the victim of rape at the hands of their spouse. Needless to say, this takes a terrible situation to a whole new level. [Read more…] about New Jersey Marital Rape: A History and the Law Today
During my career as a family attorney here in New Jersey, I have found that child custody is the most
litigated issue surrounding parties who are getting divorced. In my experience, I have witnessed people go to great lengths to secure custody of their children and at times people cross the line to do so. Regretfully, This includes filing false accusations of domestic violence. I have represented a fair share of clients who have been falsely accused of domestic violence for the sole purpose of their partner trying to get a leg up in custody. Following please find a true story of a case recently handled by one of divorce law firm’s experienced attorneys, Elizabeth Rozin-Golinder, Esq. [Read more…] about A Parent Make False Allegations of Domestic Violence In Order To Gain an Advantage in a Custody Dispute? A True Story.