Articles Tagged with household member

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I previously blogged about the ever expanding definition of “household member” as it relates to  who canfist-blow-power-wrestling-163431-300x200 meet the definition to be considered a “victim” under the Prevention of Domestic Violence Act” (PVDA) in order to obtain a restraining order.   New Jersey courts have continued to expand the circumstances in which the PDVA can be utilized.

In a recently published decision from the Honorable Gregory L. Acquaviva, J.S.C. in Monmouth County in the matter of  S.C. v. J.D., the family court addressed the definition of a “household member” in the context of a modern, blended family.  In this case case, the parties were half-siblings who did not reside together, but who spent regular time together as part of their blended family.

The Prevention of Domestic Violence requires that certain relationships exists before the statute can apply to them.    Relevant here, “victim of domestic violence” is defined as: “any person who is 18 years of age or older . . . who has been subjected to domestic violence by . . . any other person who is a present household member or was at any time a household member.” N.J.S.A. 2C:25-19(d). The PVDA does not define “household.”

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DSC2330-300x200In E.S. v. C.D., FV-02-00194-19 (Ch.Div. 2018),  the family court deal with the question of whether Plaintiff was entitled to protection under the Prevention of Domestic Violence Act (“PDVA”), given the economic relationship between the Defendant, who was employed in Plaintiff’s household as a live-in nanny.

The Defendant had been employed as a live-in nanny by the Plaintiff for seven months, before the Plaintiff fired the Defendant for assaulting the Plaintiff’s child.   After Defendant’s employment was terminated, Defendant made numerous calls and sent threatening text messages to the Plaintiff. Defendant also threatened to lie to the child’s father in order to cause Plaintiff to lose custody of the child.

The Plaintiff sought a restraining order pursuant to the domestic violence statute based upon harassment, cyber-stalking and terroristic threats.  The Prevention of Domestic Violence Act protects from domestic violence a victis defined as “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 household member or was at any time a household member. ” N.J.S.A. 2C:25-19(d).  In order to determine if defendant qualified as a household member, the trial court considered the factors listed in Coleman v. Romano, 388 N.J. Super. 342, 351-52 (Ch.Div. 2006), which are:

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