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Appellate Division Overturns Final Restraining Order

January 5, 2018

WILLIAM H. MONE reports on a recently published decision from the Superior Court of New Jersey, Appellate Division. A recent New Jersey case involved a woman filing a Temporary Restraining Order (TRO) against a man she was dating at that time. She alleged that he had harassed her, in violation of the Prevention of Domestic Violence Act. The matter proceeded to trial, wherein the court ultimately ruled in the woman's favor and entered a Final Restraining Order (FRO) against the man. In entering the FRO, the trial court concluded that the evidence presented by the woman failed to support a finding of domestic violence, but ruled that the court nonetheless had the "equitable power" to grant the FRO and impose restraints on the man. Specifically, the court found that the woman(...)

Robert B. Spawn, Jr. Has Joined The Firm As An Associate

November 13, 2017

KOZYRA & HARTZ, LLC is pleased to announce that Robert B. Spawn, Jr., has joined the firm as an Associate. Mr. Spawn is a graduate of Colgate University (B.A., magna cum laude, 2012) and Rutgers Law School (J.D., 2016). While in law school, Mr. Spawn served as Administrative Editor of the Rutgers Law Review and President of the Rutgers Intellectual Property Law Society. During his time with the Rutgers' Community and Transactional Lawyering Clinic, Mr. Spawn was responsible for handling guardianship matters and facilitating the formation of new business entities. Additionally, as an intern for Richard J. Greenstone, Attorneys and Counselors at Law, Mr. Spawn gained experience working on a wide array of entertainment and transactional matters. Mr. Spawn also served as a judicial(...)

Appellate Division Overturns Termination Of Grandparent Visitation

November 1, 2017

WILLIAM H. MONE reports on a recent decision from the Superior Court of New Jersey, Appellate Division. A recent New Jersey case involved a dispute between a child's grandparents and divorced parents for parenting time with the now nine-year-old child. The child's parents were divorced in 2011. The father was on active military duty and the mother worked on weekends, leading to the child's grandparents caring for the child on weekends from Thursday nights until Sundays for several years and on various holidays. After a breakdown in the grandparents' relationship with the child's mother resulted in the mother cutting off their time with the child, the grandparents filed a complaint seeking custody of their grandson, or in the alternative, seeking parenting time. As a result(...)

Appellate Division Upholds Final Restraining Order For Harassment

October 18, 2017

WILLIAM H. MONE reports on a recent decision from the Superior Court of New Jersey, Appellate Division. A New Jersey woman filed an application for a Temporary Restraining Order (TRO) for harassment and a Complaint for Divorce against her husband in March 2015. Shortly thereafter, the woman agreed to dismiss the TRO, and the parties entered into civil restraints before proceeding with the divorce action. Several months later, in October of 2015, the woman filed another TRO against her husband for harassment, claiming that he appeared at a restaurant where she was dining and berated and harassed her in the presence of the parties' child and other patrons. Among other things, the woman claimed her husband disparaged her ethnicity and threatened to expose her alleged affair with(...)

Appellate Division Upholds Marital Settlement Agreement Executed Before Divorce

September 19, 2017

WILLIAM H. MONE reports on a recent decision from the Superior Court of New Jersey, Appellate Division. A New Jersey woman learned that her husband was having an affair and retained counsel to draft a Marital Settlement Agreement (MSA) in connection with an eventual divorce proceeding. The wife's attorney drafted the MSA, sent it to the husband for his signature, and advised him of his right to seek independent legal advice regarding the terms of the Agreement. The MSA disproportionately favored the wife, as it gave her sole ownership of the marital home, the parties' retirement account, and sole legal custody of the children of the marriage. The MSA allocated the outstanding mortgage balance on the marital home and much of the marital debt to the husband. The husband signed the(...)