NJSBA Family Law Section

Client has TRO on husband who is terminally ill of cancer. He was placed in hospital by police and since been discharged.

 Originally we were told he would be placed in nursing home but case manager said they would not prescribe that so insurance will not cover and he was released today. They did not notify my client of his release. We got a call from police that they were in front of marital residence and escorted him to collect some belongings.   

Clients Daughter facilitated him getting to hotel and some personal things. He is not making sense and now has a key to home. Says he will go back if he wants but then agrees he won't. He is out of it. But hospital said he was ok prior to this but my client knows he is not making sense or in right mind.   

she was considering allowing him back in home and she would leave. But he has now threatened to get a lawyer involved and basically change the will etc.   

My client currently has a durable POA and has begun moving money to protect the assets from dissipation.   

At this point she fears being responsible if he harms himself or another (he wants to get a rental car but he isn't supposed to drive) or harm her ( he has numerous weapons some were seized. Others found and seized by cops that client didn't know about. And others found subsequent to TRO throughout home) she is afraid of a murder suicide situation. He has insinuated it would be better to "end it now" then die of cancer. All of which was reported to hospital.  

She has had a TRO in past. Past history of DV. Also today he told step-daughter he wanted to return to home and "gift her the guns". 

  Lastly, he is in contempt of order but has not reported yet. He left 3 voicemails on plaintiffs phone.  

My client doesn't know if she should have him arrested despite his illness or try to commit him to a nursing facility or mental health facility with POA. 

Client has TRO on husband who is terminally ill of cancer. He was placed in hospital by police and since been discharged.

 Originally we were told he would be placed in nursing home but case manager said they would not prescribe that so insurance will not cover and he was released today. They did not notify my client of his release. We got a call from police that they were in front of marital residence and escorted him to collect some belongings.   

Clients Daughter facilitated him getting to hotel and some personal things. He is not making sense and now has a key to home. Says he will go back if he wants but then agrees he won't. He is out of it. But hospital said he was ok prior to this but my client knows he is not making sense or in right mind.   

she was considering allowing him back in home and she would leave. But he has now threatened to get a lawyer involved and basically change the will etc.   

My client currently has a durable POA and has begun moving money to protect the assets from dissipation.   

At this point she fears being responsible if he harms himself or another (he wants to get a rental car but he isn't supposed to drive) or harm her ( he has numerous weapons some were seized. Others found and seized by cops that client didn't know about. And others found subsequent to TRO throughout home) she is afraid of a murder suicide situation. He has insinuated it would be better to "end it now" then die of cancer. All of which was reported to hospital.  

She has had a TRO in past. Past history of DV. Also today he told step-daughter he wanted to return to home and "gift her the guns". 

  Lastly, he is in contempt of order but has not reported yet. He left 3 voicemails on plaintiffs phone.  

My client doesn't know if she should have him arrested despite his illness or try to commit him to a nursing facility or mental health facility with POA.