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

Asked about 2 years ago - 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)

  1. Anthony J Van Zwaren

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    Contributor Level 15

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    Answered . 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.

    DISCLAIMER: This communication does not create an attorney-client relationship and is not legal advice unless you... more
  2. Jeffrey Anthony Skiendziul

    Contributor Level 16

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    Answered . 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.

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  3. Bernard Weiss

    Contributor Level 8

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    Answered . 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/d...

    Or google definition predicate act nj

    My responses to questions on Avvo are not intended as legal advice and must not be relied upon as legal advice. I... more

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