Approved Opinions for the Week of March 20, 2017
07-2-2771 R.G. v. R.G., N.J. Super. App. Div. (Lihotz, P.J.A.D.) (29 pp) In the court's review of a final restraining order entered pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, we address the 2015 amendments expanding the jurisdictional scope of the Act, concluding jurisdiction was established, despite the fact these brothers had not resided together in more than thirty years. The court also examined the factual support for the final restraining order. We concluded plaintiff's testimony regarding an incident between defendant and his son, which resulted in a New York order of protection, was not automatically admissible pursuant N.J.S.A. 2C:25-29(a)(1), as that provision is limited to the history of domestic violence between the parties and the admission of "a verifiable order" from a foreign jurisdiction. The court held testimony regarding other alleged acts of domestic violence involving third parties are admissible only if permitted by the rules of evidence, including N.J.R.E. 404, which preclude prior bad acts unless admitted as "proof of motive, opportunity, intent, preparation, plan, knowledge, identity or the absence of mistake or accident." (Approved for Publication)
This content has been archived. It is available exclusively through our partner LexisNexis®.
To view this content, please continue to Lexis Advance®.
Not a Lexis Advance® Subscriber? Subscribe Now
LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.
ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.
For questions call 1-877-256-2472 or contact us at firstname.lastname@example.org