Family Law

  • 1.  10-21-16 PUBLISHED App Div - AMC v. PB - no FRO by TC, REVERSED and GRANTED by APP DIV!

    Posted 10-23-2016 11:39 AM
      |   view attached

    Tomorrow this case will be everywhere.  Take a moment and read it if you haven't already.  Please comment afterwards. 

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    Jenny Berse, Esq.
    Cranford, NJ 07016
    (855) 326-5291
    [email protected]
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  • 2.  RE: 10-21-16 PUBLISHED App Div - AMC v. PB - no FRO by TC, REVERSED and GRANTED by APP DIV!

    Posted 10-23-2016 12:21 PM

    I think there is a place for Silver, yet, as this case states, it is narrower than some trial judges believe.

    Hanan

     


    hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ

     

    Tomorrow this case will be everywhere. Take a moment and read it if you haven't already. Please comment afterwards. ---------------------------...

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    10-21-16 PUBLISHED App Div - AMC v. PB - no FRO by TC, REVERSED and GRANTED by APP DIV!

    Image removed by sender. Jenny Berse, Esq

    Oct 23, 2016 11:39 AM  |    view attached

    Jenny Berse, Esq

    Tomorrow this case will be everywhere.  Take a moment and read it if you haven't already.  Please comment afterwards. 

    ------------------------------
    Jenny Berse, Esq.
    Cranford, NJ 07016
    (855) 326-5291
    [email protected]
    ------------------------------

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  • 3.  RE: 10-21-16 PUBLISHED App Div - AMC v. PB - no FRO by TC, REVERSED and GRANTED by APP DIV!

    Posted 10-24-2016 01:51 PM

    Ironically, I just filed a DV brief arguing that the trial judge erred in his Silver analysis and I cited all the factors the AMC court cited re violence of the predicate act and other act, the need being "self-evident" and the other statutory factors as reasons why the FRO was NOT needed to protect plaintiff in my case.  I also liked AMC because it emphasized the irrelevance of conduct occurring AFTER the issuance of the TRO, which was an issue in my case.  

    Clara S. Licata

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    Law Office of
    Clara S. Licata, Esq.
    700 Godwin Ave., Suite 210
    Midland Park, NJ 07432
    201-612-1170
    Fax 201-612-1179

    Original Message


  • 4.  RE: 10-21-16 PUBLISHED App Div - AMC v. PB - no FRO by TC, REVERSED and GRANTED by APP DIV!

    Posted 10-25-2016 11:49 AM

    This decision was quite obvious, as far as I am concerned. Personally, I wouldn't accept the gig opposing the application. I would love to see both briefs. I would like to know who the Middlesex Judge was. I would be much obliged if you, Susan, would send this info on to me at [email protected].

    Thanks in advance!

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    (732)603-8585

    Original Message


  • 5.  RE: 10-21-16 PUBLISHED App Div - AMC v. PB - no FRO by TC, REVERSED and GRANTED by APP DIV!

    Posted 10-25-2016 12:25 PM

    As much as I hate to agree with Curt, I think he is right.  This case is extreme and I do not think we will be seeing the App. Div. exercising original jurisdiction and entering TRO's on a regular basis.  But I think Hannan is also right in that judges seem to believe that Silver  is limited or perhaps misinterpreted.  It does not give judges a right to deny TRO's without adequate reasons.  I am actually in the process of filing a brief in a case that has facts remarkably similar to those in Silver and the judge, having found acts of domestic violence occurred, denied the TRO on reasons that make no sense.  Silver, at the end of the day, is nothing other than a reaffirmation of Corrente and Perranio.  But I think we are seeing a trend or a pendulum swing in favor of denying TRO's for wrong reasons.  




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