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What would be best case law to cite for when a judge shifts the historical incident into a predicate act?

Clifton, NJ |

During my FRO hearing for domestic violence the judge shifted a historical act and made it the predicate act of harrassment, ignoring the predicate acts themselves... What would be the best case law to site for this being improper?

Attorney Answers 3

Posted

Your question does not suggest what exactly you are looking for, since you state that the FRO hearing was decided already. It would also be improper to simply offer a case citation, since if a pro-se counsel attempted to argue case law, they better make sure they know what the case actually says, if the judge asks questions about it. I will state that there is case law that supports the idea that a judge's findings can only be based upon what's alleged in the complaint and not rely on historic occurrences if they are not in the complaint. I also suggest you contact an attorney for more specific guidance.

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Asker

Posted

My specific question is if the judge makes a finding only on the acts listed in history and not on the predicate act... And therefore issues the fro Is this valid and if not is there case law to suPport that it is invalid?

Anthony J Van Zwaren

Anthony J Van Zwaren

Posted

Again, trying to find one particular case or cases is like trying to conduct a medical diagnosis by consulting webmd. If you want to look at one case that does discuss the type of issue you raise check out JF v. BK, 308 NJ Super. 387 - NJ: Appellate Div. 1998. However, as you can see, this is from 1998 and I did not do any extensive research, however a quick search did find it being upheld in 2010 in the case DQ v. RQ, NJ: Appellate Div. 2010. Again, though, these are legal arguments that are best made by an attorney.

Asker

Posted

I really appreciate your reference!

Anthony J Van Zwaren

Anthony J Van Zwaren

Posted

It's not a problem, but again, a case citation is not a substitute for legal counsel.

Posted

You might consider hiring an attorney to represent you in this matter as domestic violence and FRO cases are highly fact sensitive and emotionally charged. Otherwise, consider speaking to Legal Services to see if you qualify for free legal representation. If you wish to discuss this matter in further detail my contact information is on my profile and my office is conveniently located in Clifton.

DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed. I am an attorney licensed to practice in the State of New Jersey. Consult a local attorney if your case arises outside the State of New Jersey. If you found this answer to be HELPFUL then you can vote that this answer was helpful. If you found this answer to be the BEST ANSWER of all those presented, then you can vote that this answer was the best answer presented.

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Posted

i do have a few attorneys but i am curious on the matter at hand above.

Posted

Try this website. It might help. It is difficult to be more specific because the nature of the predicate act is unknown.

http://njfamilylaw.foxrothschild.com/articles/domestic-violence/

Or google definition predicate act nj

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