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The plaintiff must include a complete description of the incident and explain the need for a further restraining order.

“They allege that my client waived her rights in the participation agreement,” Nizewitz’s lawyer Matthew Blit of the NYC offices of Levine & Blit, PLLC told me.

“Our allegation is that it was an intentional act and outside the participation agreement.

A judge may dismiss a DV case that lacks “subject matter jurisdiction.” This is just a fancy way of saying that the two people involved in the DV case – the plaintiff and the defendant – must fall within at least one of the following categories of persons protected by the Prevention of Domestic Violence Act (“PDVA”): A spouse, former spouse, or former household member.

The PDVA defines a victim of domestic violence as any person who is 18 years of age or older (or an emancipated minor) who is subjected to domestic violence by a spouse, former spouse, or any present or former household member.

If you've been falsely accused of domestic violence, this article may provide answers to some of the questions you have, but you should hire an experienced attorney to represent you at trial.

A Temporary Restraining Order (“TRO”) is the first step in a domestic violence case.

“Jess Nizewitz is a former model and sometimes actress who wanted a shot at fame,” the memorandum of law states, altering her name in its response. Nizewitz should be ordered to pay Viacom’s attorneys’ fees and costs, as contractually required.

Nizewitz sued VH1 owner Viacom and s producers Lighthearted Entertainment and Firelight Entertainment for million in late August over leaving her exposed on air — to say the least. “Before filming began, she signed not one but three agreements, in which she expressly and repeated agreed (no fewer than twelve times) that she would participate and be filmed fully nude: that footage could be exhibited and distributed without restriction that the producers would have sole discretion in how the footage was edited; that she waived any right to sue over her appearance on the show; and that she would liable for attorneys fees should she sue in violation of her contract,” Viacom’s dense filing of October 17 reads.

A TRO prohibits the defendant from engaging in certain behaviors on a temporary basis.

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