Law Offices of Michael T. Nolan, Jr.

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Domestic Violence & Restraining Orders Archives

Prevention of Domestic Violence Act Does Not Authorize Restraining Order Barring Defendant From Any Place Where Former Wife Located

The Appellate Division of our state Superior Court has held that a provision in a Final Restraining Order ("FRO") issued pursuant to the Prevention of Domestic Violence Act ("the Act") which bans a defendant from being any place where his former wife also happens to be located is too broad, and therefore not authorized under the Act.

Excessive Texting by Ex-Husband Not Necessarily Harassment

The Appellate Division of the New Jersey State Superior Court recently ruled that repeated, angry text messages from one divorced parent to another do not necessarily rise to the level of harassment for purposes of obtaining a Final Restraining Order under the Prevention of Domestic Violence Act.

Appellate Court Reverses Restraining Order for Lack of Purpose to Harass

Michael Nolan recently represented a client on appeal from a Final Restraining Order entered against him by a Trial Court on the grounds of harassment in violation of N.J.S.A. 2C:33-4. The Final Restraining Order was entered as a result of a culmination of communications made by our client to his previous girlfriend, the triggering communication being a non-threatening text message. In particular, the text message pronounced an apology and his intention to end further attempts to revive their relationship.

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Law Offices of Michael T. Nolan, Jr.
514 Brick Boulevard, Suite 6
Brick, NJ 08723

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