NJSBA Family Law Section

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  • 1.  Service of Divorce docs to PLTF with FRO

    Posted 06-09-2014 01:51 PM
    I represent the defendant/Wife in a pending divorce matter.  Plaintiff/Husband filed for divorce earlier this year and had previously obtained a Final Restraining Order against my client about 5 years ago.  The FRO is still active.

    My client does not have his address and I'm not sure how I go about sending him documents/serving him with a motion/etc.  I filed my Answer and Counterclaim and asked the Ocean county DV Office to serve the plaintiff, which they did.  They will not keep sending him documents, obviously.  

    I'm reluctant to do a search for the plaintiff's address since, I think, it would be a violation of the FRO (albeit a de minimus violation).  

    I have a Case Management Conference coming up, so I am hopeful I can get a mailing address or an e-mail address for the purpose of serving documents, but I would like to know how everybody else addresses this issue.  It is my hope to not have to file a motion under the FV Docket to amend the FRO for the sole purpose of filing my papers.  

    Thanks in advance,

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    Gregory Thomlison Esq.
    Toms River NJ
    (732)736-8100
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  • 2.  RE: Service of Divorce docs to PLTF with FRO

    Posted 06-09-2014 02:39 PM

    If the husband has filed a complaint for divorce, his address would presumably be in the opening paragraph.  If it isn't (or was blacked out because of the FRO) then you have the right to obtain his address as he himself has filed the suit and thus must be subject to having any and all court-related documents served on him by his adversary. 

    If your client is unaware of his current address, you should black out his address on all of the cc's sent to your client. 

    I don't think that you would need to amend the FRO.  Your client is not contacting, you are.  There is no prohibition (that I'm aware of) that would preclude you from exchanging communication with the other side in a DV case (unless, obviously, your client is using you as a conduit to continue the domestic violence by, for example, harassing him).

     

     




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