News & Analysis as of

Domestic Violence Appellate Courts

Carlton Fields

Florida Appeals Court Decisions Week of June 23 - 27, 2025

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U.S. Eleventh Circuit Court of Appeals - USA v. Zayas - currency transaction report, filing - Cunningham v. Cobb - § 1983, qualified immunity...more

Carlton Fields

Florida Appeals Court Decisions Week of May 12 - 16, 2025

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U.S. Eleventh Circuit Court of Appeals - Maron v. Fla CFO - Florida Unclaimed Property Act, taking, sovereign immunity - USA v. Solomon - sentencing, Hobbs Act - HM Fla v. Fla DBPR - obscenity, First Amendment - ...more

Carlton Fields

Florida Appeals Court Decisions Week of April 28 - May 2, 2025

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U.S. Eleventh Circuit Court of Appeals - Prime P&C v. Kepali Grp - insurance coverage, vehicle, after-acquired - State Farm v. LaRocca - Fla Health Care Clinic Act, wholly owned exception, certified question - Top...more

Carlton Fields

Florida Appeals Court Decisions Week of April 7 - 11, 2025

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U.S. Eleventh Circuit Court of Appeals - Bilotti v. Fla DOC - postconviction relief - DeMarcus v. Univ of S Ala - Title IX, § 1983, volleyball coach, mistreatment - Joseph v. Bd of Regents Univ Ga - en banc denial,...more

Carlton Fields

Florida Appeals Court Decisions Week of March 10 - 14, 2025

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U.S. Eleventh Circuit Court of Appeals - Albert v. Ass’n of Anti-Money Laundering - ADA, § 309 - NRA v. Bondi - firearms, sales to minors, young adults, constitutional challenges - Org of Prof Aviculturists v. FDLA...more

Fox Rothschild LLP

Can a Trial Judge Grant a Final Restraining Order by Randomly Relying on Battered Woman Syndrome?

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Very often, victims or purported victims of domestic violence hear about the concept of the cycle of domestic violence. Also, it is not uncommon for victims of domestic violence not to report acts of domestic violence once or...more

Fox Rothschild LLP

Can Prior Acts Previously Adjudicated to Not Amount to Domestic Violence Be Raised in a Future Domestic Violence Proceeding?

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Sadly, it is not uncommon for parties to be “frequent flyers” in domestic violence court. Sometimes, the same party files and dismisses one or more times. Sometimes, parties settle with “civil restraints” or an Order in the...more

Fox Rothschild LLP

Appellate Gambols: April Fool’s Edition

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In the days before digital printers, anyone who appealed a trial court ruling needed to find a printing company to print both his appellate brief and the record of the trial on an actual printing press so that it could be...more

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Remote Proceedings: Zooming Past Litigants’ Due Process Rights

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In January 2020, the Appellate Division considered an important question: how should a judge assess a party’s request to appear at a trial and present testimony by way of video transmission? The timing of this consideration...more

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Has The Court Of Appeals Unfriended Its Amicus?

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The recent opinion of the North Carolina Court of Appeals in M.E. v. T.J., No. COA18-1045 has more twists than a Chubby Checker look-alike contest. The opinion is long and the facts and procedure are somewhat convoluted, but...more

Fox Rothschild LLP

A Victim Of Domestic Violence Need Not Have Disclosed The Abuse To Another To Establish A Predicate Act Of Domestic Violence

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Victims of abuse have many reasons for not reporting prior acts of domestic violence – either to friends, family, co-workers, etc. or the police. Logically, the failure to report does not negate the fact that the abuse...more

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The Appellate Division Reaffirms The Basic Tenets Of Who You Can Get A Final Restraining Order Against

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It is important to understand the requirements to obtain a Final Restraining Order or to defend against the entry of one. Through case law and the New Jersey legislature, there are specific requirements that need to be met. ...more

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New Jersey Appellate Division Examines The Meaning Of “Dating Relationship” In Domestic Violence Cases.

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I have written about the requirements of obtaining a domestic violence final restraining order (“FRO”) under the New Jersey Prevention Against Domestic Violence Act (“the Act”) previously on this blog. One of the three main...more

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Appellate Division Examines Proofs Required To Establish Mental Incapacity And Lack Of Consent Under The Sexual Assault Survivor...

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In a recent published (i.e. precedential) decision, C.R. v. M.T., the New Jersey Appellate Division elaborated upon the legal standard proving that a sexual encounter during which one party was intoxicated was non-consensual...more

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