The New Jersey Prevention of Domestic Violence Act gives the Court jurisdiction to fix an appropriate amount of temporary support at the time of entry of a restraining order.
The Court has granted such authority in order to give a victim temporary support when he/she has been required to vacate the residence or the financial provider has been ordered to vacate the residence.
In a factually interesting case, a New Jersey Court accepted jurisdiction under the Prevention of Domestic Violence Act to enter a restraining order, but refused to accept jurisdiction to enter a support order.
Under the unique facts of the case, the abuser had no contacts with New Jersey, lived in Illinois and had instituted an action for divorce in Illinois at the about the same time as the Domestic Violence action was initiated in New Jersey.
The case seems to be a very logical interpretation of the domestic violence statues, and will prevent abuses of the statue by persons attempting to circumvent the jurisdiction of a sister state by using the emergent provisions of the Prevention of Domestic Violence Act.
Shah v. Shah, Appellate Division, approved for publication November 9, 2004.