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November 2014 Archives

Difficulties of Thanksgiving Parenting Time

If you share parenting time with the other parent of your child(ren), Thanksgiving can be a difficlut time. Thanksigiving is one of the more difficult holidays for parents to share. It is a difficult holiday because it is one of the few holidays that is celebrated by nearly everyone (therefore it is noramlly attractive to both parents) and because each parent's family usually has their own traditions for the holiday. Also, the holiday typically involves some travel, making it very difficult to share the children with the family traditions of both parents.  

Court finds Text Messages are Enough to Establish Harassment in Domestic Violence Matter

The Appellate Division has upheld a trial court judge's decision to enter a final restraining order ("FRO") based on numerous text messages that the defendant sent to the plaintiff at invonconient times of the day. On appeal, the defendant argued that text messages should not be considered "harassment" because a text can be read at any given time, not necessarily at the time it was sent. T

Recent Appellate Division Case Clarifies Discovery Issues Involving Victims of Domestic Violence Who Seek Damages in a Civil Suit

A recent Appellate Division case held that a defendant who has a final restraining order entered against him/her is not barred from defending him or herself against a claim for damages in a civil suit. In L.T. v. F.M., the trial court prohibited the defendant from defending himself against plaintiff's claims for damages related to the domestic violence she suffered at defendant's hands.  

New Jersey Supreme Court Wrestles with Application of New Alimony Law

A matrimonial matter involving the issue of an appropriate alimony award will be decided by the Supreme Court. The matter involves a fifteen year marriage between two parties who are in their early forties. After a trial, the trial court determined that the wife should receive alimony for a term of eleven years. On appeal, the Appellate Division reversed the trial court's award of an eleven year term and remanded the matter back to the trial court for consideration of an award of permanent alimony. Now the Supreme Court must determine the appropriate term of alimony. Even though the matter had been long under way by the time New Jersey's new alimony statute was passed, the Supreme Court must also decide whether to apply the new statute to this matter.  

Sayreville Football Players to Remain in Family Court

Seven Sayreville high school players accused of sexually assaulting younger teammates as part of a hazing ritual will get to have their cases heard in family court rather than criminal court. Minors who are accused of crimes most often have their matters handled in the juvenile court, which is a section of the Family Part of the Superior Court system. For more details, follow the link.