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?
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 have entered into a
fee agreement with the Law Office of Anthony J. Van Zwaren, P.C. and have paid
the required fees. The information contained in this email may be
privileged. Dissemination, distribution or copying of this e-mail or
the information contained within it by anyone other than the intended
recipient is prohibited. If you are not the intended recipient,
please delete this message and any attachments from your system and
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.
My responses to questions on Avvo are not intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and agreement for legal services. I am available to arrange for a free consultation at (973)455-1237 or (973)538-1758.