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South v. North5/19/1997
DICAMILLO, J.T.C. t/a
Plaintiff seeks a Final Restraining Order under the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 to -33 (Act). One requirement plaintiff must satisfy is to prove that defendant is a member of plaintiff's household. The question is whether defendant, who never lived with plaintiff, is considered a "household member" according to the Act. The Act provides no definition for "household member", and no reported decision is applicable to the present case.
Plaintiff, Lois South, age 74, lived with her daughter, Amy South, age 32, and grandson, Marc South, age 6, in the Mansion Apartments, Pine Hill, New Jersey. Defendant, Greg North, age 73, rented a different apartment in the same complex. Plaintiff and defendant had a dating relationship that ended seven years, before plaintiff filed a domestic violence complaint. Thereafter, defendant and Amy South became romantically involved. Marc South is a child of the relationship between Amy South and defendant.
Plaintiff and Amy South raised Marc South. After Marc's birth, defendant was a constant presence in Lois South's household. He went to the apartment at least three times each week, let himself in, stayed for long periods of time, cooked, ate and attended family gatherings. In addition, he regularly drove the South family on errands. Defendant and Amy South were engaged to be married, they saw each other regularly, and Greg North stayed overnight at the apartment when Lois South was not home.
Defendant had a volatile temper. He intimidated and threatened Lois South. He used his relationship with Amy South and Marc South as the grounds for his control. Greg North emotionally and physically abused Lois South. He threatened to forbid plaintiff from seeing her grandson and made false allegations of child neglect by plaintiff to the Division of Youth and Family Services. On March 25, 1997, Greg North hit Lois South with his cane, pushed her out of her apartment and locked the door. The Honorable Joseph M. Nardi Jr., J.S.C., granted Lois South a temporary restraining order (T.R.O.) against Greg North on the basis of these acts. After the T.R.O. was granted to plaintiff, Amy South moved into defendant's apartment with their son. Lois South was granted regular visitation with her grandson and now seeks a final restraining order.
For the entry of a Final Restraining Order, the Act requires:
(I) a determination that plaintiff is a "victim of domestic violence" defined in N.J.S.A. 2C:25-19(d),
(II) a determination that defendant committed an act of "domestic violence" defined in N.J.S.A. 2C:25-19(a) and
(III) a consideration of the nonexclusive factors found in N.J.S.A. 2C:25-29(a).
(I)
With respect to requirement one, N.J.S.A. 2C:25-19(d) defines a victim of domestic violence as "a person protected under this act and shall include":
any person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present or former household member. "Victim of domestic violence" also includes any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or whom the victim anticipates having a child in common, if one of the parties is pregnant. "Victim of domestic violence" also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.
In the present case, this first requirement is met if plaintiff can prove that she had a dating relationshi
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