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Tag Archives: domestic violence
Prior history of Domestic Violence not proper basis to issue a restraining order
When a victim of domestic violence is seeking a restraining order, NJ courts are required to examine the acts or acts which prompted the request for a temporary restraining order as well as the past history of domestic violence, if … Continue reading
Posted in Durst Firm News, Durst on Divorce
Tagged domestic violence, durst, restraining order
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Parents have obligation to protect child from abuse – even when the other parent is the abuser
In a recently decided case that was approved for publication, the court stressed the responsibility of a fit parent to protect a child from an unfit parent. While this may seem like common sense, it is a responsibility that can … Continue reading
Posted in Durst Firm News, Durst on Divorce
Tagged domestic violence, durst
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Prior testimony at a domestic violence trial may be used to impeach credibility.
A recently decided Appellate decision which was approved for publication, the court clarifies the rules on when and how testimony from a domestic violence trial (which is a civil proceeding) may be used in a subsequent criminal case. This decision … Continue reading
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Tagged domestic violence, durst
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Intent to harm is required for a finding of domestic violence
Here is a case that brings some clarity to the often muddy waters of NJ domestic violence law. The law rightfully recognizes that couples may often have legitmate reasons to argue and that not all fights warrant a finding … Continue reading
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Tagged domestic violence, durst, dv
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