New Jersey Family Law

ENGLEWOOD CLIFFS CLIFFSIDE PARK TEANECK SADDLEBROOK BERGEN COUNTY NJ MATRIMONIAL MEDIATOR LAWYER ARBITRATOR

The New Jersey Supreme Court is considering whether a warrantless home search based on an anonymous 911 report of domestic violence can produce evidence admissible in a criminal trial.    State v. Edmonds, New Jersey Supreme Court, # A-106-10, January 26, 2012

RAMSEY MAHWAY RIDGEWOOD RUTHERFORD BERGEN COUNTY NJ DIVORCE EVIDENCE PRIVILEGE MEDIATOR ATTORNEY

The defendant's wife was entitled to exercise the spousal privilege of refusing to testify in his criminal trial. There was no conflict between her exercise of the privilege and a constitutional right, and she did not waive her right.     State of New Jersey v. Mauti, New Jersey App. Div., January 16, 2012

CLOSTER FRANKLIN LAKES HILLSDALE NORTHVALE BERGEN COUNTY NJ DIVORCE MEDIATION LAWYER

 
As part of a matrimonial settlement, if the ex-wife innocently received the proceeds of Ponzi-type schemes allegedly perpetrated by the ex-husband, must she disgorge them, against the claims of various federal agencies?    CFTC v. Walsh et al., United States Court of Appeals, 2d Circuit, # 09–3742–cv, 09–3787–cv, September 27, 2011

HACKENSACK CLIFFSIDE PARK SADDLEBROOK PARAMUS BERGEN COUNTY NJ FAMILY LAW MEDIATION LAWYER

 
The court has thrown out the criminal case against Dominique Strauss-Kahn, by granting the prosecution's motion to dismiss.   State v. Kahn, New York Sup. Ct., August 24, 2011

TEANECK ORADELL FORT LEE ALPINE BERGEN COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

 
An ex-spouse may be able to retain her/his post-divorce share of fraudulently obtained Ponzi funds, especially if she/he is able to prove "innocent spouse" status.     CFTC v. Walsh et al., June 20, 2011

DUMONT CRESSKILL ENGLEWOOD CLIFFS FORT LEE BERGEN COUNTY NJ DIVORCE MEDIATOR

 
Stressing that children are not "miniature adults," the U.S. Supreme Court just ruled police must consider a juvenile suspect's age in deciding whether the child must be given Miranda warnings.    J.D.B. v. North Carolina, U.S. (2011); June 13, 2011

LINDSAY LOHAN EVIDENCE CRIMINAL LAW PRIOR BAD ACTS

 
In the felony theft of jewelry case just filed against Lindsay Lohan, the prosecution intends to introduce evidence of 3 alleged "priors" : theft of a $400,000 necklace, stealing a $12,000 mink coat and taking a $35,000 Rolex. Should the judge allow this evidence?     Fox News, February 11, 2011

HOBOKEN JERSEY CITY SECAUCUS HUDSON COUNTY NEW JERSEY FAMILY MEDIATION

Wife/Mother tells pastor that defendant Husband/Father sexually abused their daughters. Pastor tells police. Can defendant successfully block trial evidence under the priest-penitent privilege?    State of New Jersey v. J.G., April 13, 2010

STIRLING MORRIS COUNTY NEW JERSEY DIVORCE MEDIATION ARBITRATOR LAWYER

 
Can you get a divorce do-over? Maybe, if you can prove fraud, especially if it's based on a violation of RICO and if the Statute of Limitations hasn't expired.    Patricia Cohen v. Steven Cohen et al., December 16, 2009.

HACKENSACK BERGEN COUNTY NEW JERSEY DIVORCE CUSTODY CRIMINAL INTERFERENCE

The trial for a woman who hid her daughter in Spain amid a custody battle with her ex-husband began yesterday, the latest in an international dispute baffling divorce attorneys, judges and diplomats. "This is not a custody case," the Prosecutor told jurors as the trial of Maria Jose Carrascosa opened in Hackensack, New Jersey. "This is a criminal case." Carrascosa, the daughter of a wealthy Spanish businessman, faces up to 10 years in prison on the charge of "interference with custody." She has been held at the Bergen County Jail for more than 3 years for violating a family court order requiring her to return the child to Bergen County. Her incarceration has not produced results, as Carrascosa remained defiant. "If God chose me to die in jail to protect my child, then I will have to do that," she said.     Bergen Record, November 4, 2009