We like you, but that is entirely too much detail. Please limit your posts to "generic" questions. I can't respond to specific posts like that. Judges read these posts too, as do adversaries. I read Brian's post and, while I certainly cannot adopt his intensity, please think about phrasing your inquiries generically enough so that those interested in contributing to discussion can feel comfortable doing so. None of this discourse is privileged. All of it can potentially come into suits against any of us or, for some of us, to challenge/impeach our expert testimony in professional liability suits. Please, please be careful. Thanks, and with the utmost good will, good wishes and respect. I mean that.
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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Metuchen NJ
(732)603-8585
Original Message:
Sent: 02-26-2016 10:58
From: David Perry Davis
Subject: DV Dismissal: "Good enough for the government"?
I filed a Carfagno motion to dismiss a ridiculous 1999 DV ("defendant said plaintiff was mentally ill and would have her committed if she didn't sign herself into a hospital" - this after husband found a note wife had written saying she "might do something crazy both to you and the kids in the middle of the night" if he filed for divorce). As many of us know, back in the day that was good enough for an FRO as "harassment."
We filed to dismiss it a couple of months ago - client can't apply for a promotion at work because background check is flagging the DV FRO. Ex opposes it and gets adjournments, says she wants a hearing and to present witnesses. Client takes time off from work, we prep. Court confirms with ex that she will be appearing at 1:00. She doesn't do so. Law clerk calls around 2:45 and ex won't answer cell phone and her employer says "she's here but says to tell you she's busy and will call back." By 4:15, judge has had enough. In an abundance of caution, she instructs me to submit order that DV will be dismissed in 10 days, but granting Wife the right to file a reconsideration motion and include a reason for her nonappearence. Court enters my order. Wife doesn't file anything.
After waiting another couple of weeks, I call the DV Unit looking for the standard form-order dismissal, but am told that the current order is enough and no additional order is going to be entered.
Is it? My concern is that it looks equivocal -- anyone know whether this is enough to get it out of the databases? http://www.dpdlaw.com/GM_DV.pdf
Thanks,
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David Perry Davis, Esq.
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www.FamilyLawNJ.pro
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112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
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