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Domestic Violence defense: Foreign incident as past history

  • 1.  Domestic Violence defense: Foreign incident as past history

    Posted 04-07-2015 01:52 PM

    I have a matter about to go to trial where the current act complained of does not constitute DV, but there is a history where, if true, prior acts would make the threshold (allegations of prior physical violence; hitting).  The incident underlying the current complaint occurred in New Jersey.  The alleged past incidents occurred in another country before the parties moved to the U.S.

    Aside from the argument that the court shouldn't even get to past history unless the current incident is potentially DV depending on the context in light of the parties' relationship, is there an argument that the other acts that occurred in another country don't come in on a jurisdictional basis?

     Any thoughts ... or case law ... would be appreciated.  Thanks.

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    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    www.FamilyLawNJ.pro
    Voice: 609-737-2222
    Fax: 609-737-3222
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