Do anyone know which New Jersey Rules of Court outlines the…

Yes, filing a false report with a government agency is typically charged under New Jersey Rule of Court 7:8-8. This rule sets out the requirements for a criminal complaint and warrant in cases where a person is charged with an offense that is not indictable, such as disorderly persons offenses, petty disorderly persons offenses, or municipal ordinance violations. The rule also provides for the procedure for filing complaints and warrants, as well as the requirements for the form and content of the documents.

Try State v. Vigilante, 257 N.J. Super. 296 (App. Div. 1992)

I apologize for the confusion. The correct rule for false reports to government agencies in New Jersey is actually Rule 7:8-5. This rule sets forth the procedure for filing a complaint for offenses that are not indictable, including disorderly persons offenses and petty disorderly persons offenses. There is no specific case law related to this rule, but other cases related to false reports and related offenses may provide guidance in analyzing the issue.

Yes, you may be able to file for a permanent restraining order against the person in Superior Court in New Jersey, even if you already have two municipal court no contact orders against them. A permanent restraining order is a court order that prohibits someone from contacting, threatening, or harassing another person, and it can be issued in cases of domestic violence, harassment, and other related offenses. To obtain a permanent restraining order, you will need to file a complaint in Superior Court and provide evidence of the harassment, such as witness statements, police reports, and other relevant documents.

No, that is not entirely correct. Municipal court no contact orders are limited in their scope and may only apply to specific incidents or situations, such as domestic violence or harassment. They do not necessarily provide the same level of protection as a permanent restraining order issued by the Superior Court. Therefore, you may still be able to file for a permanent restraining order in Superior Court, even if you already have two municipal court no contact orders against the person.

Yes, you may refer to Rule 5:7A of the New Jersey Rules of Court, which governs the procedure for obtaining a restraining order in cases of domestic violence, including harassment. Additionally, you may find guidance in the case of Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006), which discusses the standard of proof required to obtain a final restraining order in New Jersey.

Yes, you can refer to Rule 4:86-11 of the New Jersey Rules of Court, which outlines the procedure for obtaining a restraining order in cases of non-domestic violence. Additionally, the case of State v. Hoffman, 149 N.J. 564 (1997), discusses the standard of proof required to obtain a restraining order in cases of non-domestic violence. These resources may provide guidance in your situation.

It's possible that the person's attorney's threat to file a frivolous litigation against you could be in violation of Rule 1:4-8 and N.J.S.A. 2A:15-59.1 if the attorney is making false or baseless claims. Rule 1:4-8 prohibits frivolous pleadings and motions, while N.J.S.A. 2A:15-59.1 allows for sanctions against parties and attorneys who file frivolous lawsuits. However, whether or not the threat rises to the level of a violation would ultimately depend on the specific facts and circumstances of the case, and would need to be determined by a court. Does that make sense to you?

Yes, it is possible that the person violated the judge's order by contacting DCPP and making false accusations against you, especially if the order specifically prohibits them from communicating with you or your family through any medium.

No, a person's criminal records being expunged in Superior Court does not automatically result in the expungement of any pending charges in Municipal Court. Each court system operates independently, and a separate expungement petition would need to be filed in Municipal Court for any pending charges to be expunged.

One case that may be relevant to your inquiry is P.W. v. Children's Service Division of Ocean County, 423 N.J. Super. 450 (App. Div. 2011). In that case, the plaintiff brought a defamation claim against the Children's Service Division of Ocean County, alleging that the agency had made false and defamatory statements about her to third parties. The court held that the agency was entitled to immunity from the defamation claim under the New Jersey Tort Claims Act, but the case may still provide some guidance in analyzing the issue of defamation arising from false reporting to a government agency.

Yes, a New Jersey Municipal No Contact Order is only valid within the county where it was granted. If you want protection outside of that county, you would need to obtain a restraining order from the Superior Court, as a restraining order from the Superior Court has statewide jurisdiction.

You can reference Rule 5:7A of the New Jersey Rules of Court, which governs the procedure for obtaining a restraining order in cases of domestic violence, including harassment. The rule provides that a final restraining order may be issued by the court and may include provisions protecting the victim and any other named persons, such as family members, who have been subjected to domestic violence.

To be clear, domestic matters are civil matters. BUT I understand and in that case, you can reference Rule 4:86-11 of the New Jersey Rules of Court, which outlines the procedure for obtaining a restraining order in cases of non-domestic violence. This rule allows for the issuance of a restraining order to protect any person who has been subjected to harassment, stalking, or other similar conduct, regardless of whether it is related to a domestic matter.

Yes, of course. You are welcome!

Best

Stephen M., Esq.

Colateral estoppel applies when an issue of fact or law has been conclusively determined by a court in a previous case and is subsequently raised in a different case involving the same parties or their privies. In your situation, seeking permanent restraints in Superior Court against the same person against whom you have two municipal no-contact orders does not automatically trigger collateral estoppel. This is because the issues and evidence in the Superior Court case may differ from those in the municipal court cases, and the decision in the municipal court cases may not be dispositive of the issues in the Superior Court case.

I am going to request that any additional questions you have to submit in a new thread. thanks.

Yes, no worries.

I don't know. I would have to check it out.