NJSBA Family Law Section

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  • 1.  Domestic Violence jurisdiction - in-laws

    Posted 10-09-2012 06:00 PM
    Plaintiff is the son in law of defendant.

    The parties never lived together.  Seven years ago, Plaintiff stayed over at Defendant's house 2 or 3 times.


    Is there jurisdiction under the DV Act?

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    avid Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
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  • 2.  RE:Domestic Violence jurisdiction - in-laws

    Posted 10-09-2012 10:07 PM
    Unlikely, doubtful, but you never know. ------------------------------------------- Hanan Isaacs Esq. Kingston NJ (609)683-7400 -------------------------------------------


  • 3.  RE:Domestic Violence jurisdiction - in-laws

    Posted 10-10-2012 09:17 AM

    NEW JERSEY FAMILY LAW DECISIONS
     
     
    Does the New Jersey Family Part have jurisdiction to enter a restraining order where the parties are adult siblings and have not resided together since 1960?
     

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    Charles Abut Esq.
    Hackensack NJ
    (201)342-0404

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  • 4.  RE:Domestic Violence jurisdiction - in-laws

    Posted 10-10-2012 09:33 AM

    Of course, there is Judge DiCamillo's North v. South decision-that talks about family relationships-for people who never lived together.
     
    My main advice-the jurisdictional question needs to be viewed in the context of Tribuzio v. Roder. What has the relationship been apart from the short periods of living together?? What is the alleged domestic violence-and did it occur in the context of a family/intimate relationship, e.g. a family member just died-are they were fighting over the will or continuing the family business? Was the alleged DV in the context of a dispute over the man's daughter (son in law's wife)?
     
    My response is, on the facts presented, one cannot know with any certainty whether there is jurisdiction under the Act.

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    Thomas Dilts Esq.
    Somerville NJ
    (908)725-1776

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