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Does the defendant have to pay a fine for final pfa hearing? : My girlfriend filed pfa against me saying in hit her in thigh. We dont live together and have no kids together.
I never got a police report cuz cops weren't called and no witnesses present but judge granted her temporary PFA. .

Asked 5 months ago in Domestic Violence

Scott’s answer: IF a FINAL PFA is granted the court CAN impose Court Costs on the Defendant, or Court Costs plus a PFA surcharge, or they can Waive the Court Costs based on a proven inability to pay. There is also the ability for the Plaintiff to recover economic losses (if any) at the final Hearing or by presenting a subsequent petition.

Answered 4 months ago.

Can another parent postpone an emergency custody hearing and for up to how long?: I have an emergency custody hearing date but my ex is saying she will tell the court she never got notice. Unfortunately I did send it to the wrong address but she knows about the court date and when it is. She's known for a little while now and has been adamant that I drop the case but I won't so now she's not letting me see the kids at all till the judge says I can and that she will just keep postponing the court date till she's all set up in NJ through the rental assistance program(TRA). Since she left, a month ago, she was barely letting me see the kids as it was. First 2 wks I couldn't see or talk to them at all. The problem is she's on drugs & she's trying to buy time to get clean and look good for court. She's a pro at fooling the system. Im afraid she's going to pull it off once again. My daughter is disabled and has already missed 20-30 therapy sessions and at least 4-5 doctors appts in the time my ex has been gone with them (1mth). Is she really able to postpone the hearing since it's an emergency hearing and the kids are being neglected? If so how long can she keep postponing it for? Only takes 6 mths for kids to be residents of NJ and then the ball is in her court. Help

Asked 6 months ago in Child Custody

Scott’s answer: If you want to eliminate any doubt about service, hire a professional (constable, private detective, process server, sheriff, etc) to serve her directly. That person would then complete and have notarized an Affidavit of Service indicating personal service was made. Filing that document with the Court would illustrate service was effectuated.

Answered 5 months ago.

My spouse won't sign the affidavit of consent for a no fault divorce in Clinton County PA.: I filed for no-fault divorce. He was served. I have sent in my copy of the Affidavit of Consent but my spouse will not sign his. I am sending him via certified restricted delivery an Affidavit of Consent, the Notice of Intention to Request Entry of Divorce, a blank Counter-Affidavit, and a Waiver of Notice.
If he does not sign the Affidavit of Consent but does not file any counter-claim, will the divorce go through? I know I must wait 20 days after he is served the papers I am mailing to him.

Asked 6 months ago in Divorce

Scott’s answer: It seems you are confusing a 3301(c) divorce and a 3301(d) divorce. Moreover, if the action was initiated prior to December 2016, the waiting period for an uncontested matter is governed by the old law which is two years. If he is not consenting, then the matter is contested. The fact that you filed a no-fault action is irrelevant. You really should contact local counsel to review your specific facts to determine if there are steps you can take to bring him to the table sooner or to determine when the two-year period is up.

Answered 6 months ago.