Approved Opinions for the Week of March 20, 2017

CIVIL PROCEDURE

New Jersey Law Journal

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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)

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