NJ Court expands protection under domestic violence law

The NJ domestic violence law has once again been interpreted to provide protection to residents in an ever growing list of living arrangements.  While I certainly commend goal of protecting citizens from domestic violence, I must wonder whether this recent expansion is truly in keeping with the original purpose and intention of the Prevention Of Domestic Violence Act.

DOMESTIC-VIOLENCE LAW APPLIES TO BOARDING HOUSES, COURT HOLDS
Rooming-house residents may be considered members of the same household for purposes of the Prevention of Domestic Violence Act, a state appeals court ruled Thursday in the case of a woman allegedly raped by a boarder. “The PDVA aims to protect those living in family or family-like settings,” Appellate Division Judge Francine Axelrad wrote for the panel in S.P. v. Newark Police Department, A-5591-10, adding that courts have liberally construed the term “household member” in the act. The plaintiff and her assailant met the broad and flexible interpretation of the term “household member” because they lived on the same floor, with bedrooms directly across from each other, and a shared bathroom and kitchen.

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Sandy Durst, Esq., is the founding partner of The Durst Firm where he heads the Family Law Department. Individuals facing a divorce benefit from the combination of legal skill, common sense and compassion that Sandy brings to each and every matter. Each case is given the personalized attention it deserves.
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