Storch v. Sauerhoff

757 A.2d 836, 334 N.J. Super. 226
CourtNew Jersey Superior Court Appellate Division
DecidedJune 13, 2000
StatusPublished
Cited by17 cases

This text of 757 A.2d 836 (Storch v. Sauerhoff) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Storch v. Sauerhoff, 757 A.2d 836, 334 N.J. Super. 226 (N.J. Ct. App. 2000).

Opinion

757 A.2d 836 (2000)
334 N.J. Super. 226

Helene STORCH, Plaintiff,
v.
Erika SAUERHOFF, Defendant.

Superior Court of New Jersey, Chancery Division, Family Part, Union County.

Decided May 5, 2000.
Revised May 11, 2000 and June 13, 2000.

*837 Harold L. Gechtman, Esq., Livingston, for plaintiff.

Joseph A. Ascione, Esq. for defendant.[1]

Decided May 5, 2000 by letter opinion.

ALCAZAR, J.S.C.

The plaintiff in this case seeks a Final Restraining Order under the Prevention of Domestic Violence Act of 1991. N.J.S.A. 2C:25-17, et seq. The Temporary Restraining Order entered on April 5, 2000 was issued based upon the parties' status as former household members. The parties appeared for a final hearing on April 11, 2000 and the defendant moved to dismiss the plaintiff's Domestic Violence Complaint on the ground of lack of jurisdiction. On April 11, 2000, this court entered an Amended Temporary Restraining Order and requested briefs from the attorneys on the issue of jurisdiction. In her brief, the plaintiff has argued for jurisdiction on the basis of present household membership. The question before this court is whether the plaintiff has established jurisdiction in order to be able to seek the protections of the Act. N.J.S.A. 2C:25-19(d).

I. PREVENTION OF DOMESTIC VIOLENCE ACT OF 1991

The legislative intent underlying the Prevention of Domestic Violence Act is "to assure victims of domestic violence the maximum protection from abuse the law *838 can provide." N.J.S.A. 2C:25-18. The Legislature further mandates that "it is the responsibility of the courts to protect victims of violence that occurs in a family or family-like setting by providing access to both emergent and long-term civil and criminal remedies and sanctions, and by ordering those remedies and sanctions that are available to assure the safety of the victims and the public." Ibid. The Legislature further intended the broad application of the remedies available under the Act in the civil and criminal courts of this State. Ibid.

Under the Prevention of Domestic Violence Act, a victim is 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 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 with 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."

[N.J.S.A. 2C:25-19(d) ].

Remedial statutes are to be given a liberal interpretation and should be construed to give the terms used the most extensive meaning to which they are reasonably susceptible. Global Am. Ins. v. Perera Co., 137 N.J.Super. 377, 349 A.2d 108 (Ch.Div.1975) aff'd 144 N.J.Super. 24, 364 A.2d 546. In interpreting a statute, the fundamental duty of the courts is to effectuate the intent of the Legislature, considering the legislative policy underlying the statute and any helpful history. See Lesniak v. Budzash, 133 N.J. 1, 626 A.2d 1073 (1993). Moreover, where a literal reading of a statute will lead to a result which is not in accord with its essential purpose and design, the spirit of the law will control the letter. State v. Ochoa, 314 N.J.Super. 168, 714 A.2d 349 (App.Div. 1998).

The term "household member" is not defined in the Act.[2] The term resists specific definition. Recently the New Jersey Supreme Court rejected the restrictive definition of "household" contained in Black's Law Dictionary.[3]Gibson v. Callaghan, 158 N.J. 662, 730 A.2d 1278 (1999). The Court found that residence under a single roof is not a touchstone of a "household" and that the meaning of the term will vary depending on the circumstances of a given case. Gibson, supra, 158 N.J. at 677, 730 A.2d 1278; see also Mazzilli v. Accident & Casualty Ins., 35 N.J. 1, 8, 170 A.2d 800 (1961).

In the context of insurance, the term "household" has been defined as a "substantially integrated family relationship" even where the household members are not continually under the same roof. Mazzilli supra, 35 N.J. at 16, 170 A.2d 800; Arents v. General Accident Ins. Co., 280 *839 N.J.Super. 423, 429, 655 A.2d 936 (App. Div.1995). In the insurance cases, the term is viewed liberally where the purpose is to extend coverage. See South v. North, 304 N.J.Super. 104, 112, 698 A.2d 553 (Ch. Div.1997). This definition is persuasive considering the necessity to protect alleged victims of domestic violence. As the court recognized in Mazzilli, supra, 35 N.J. at 14, 170 A.2d 800,

the term `household' or `resident of the household' cannot be so limited and strait-jacketed as always to mean, regardless of the facts and circumstances, a collective body of persons who live in one house.

The Legislature could have provided a definition for "household member" if it intended to limit the court's interpretation of the term. Instead, the Legislature has expanded the jurisdictional grounds of the Act over the years. The Domestic Violence Act of 1991 amended the prior definition of "victim" by replacing the word "cohabitant" with "household member." It is clear that the intent of the amendment was to expand the coverage of the Act and to extend protection to any person who has a close relationship with his or her batterer." South, supra, 304 N.J.Super. at 109, 698 A.2d 553. Furthermore, the Act has been further amended to expand the list of persons protected. While the prior law required that victim be cohabitants of opposite sex, or, if not of the opposite sex, related by blood, the current Act protects unrelated, same sex persons living together, elderly persons in the care of unrelated persons and any other present or former household member. Cannel, Current N.J. Criminal Code, comment 1 on N.J.S.A. 2C:25-19.

E. De Facto Household Members

In Desiato v. Abbott, 261 N.J.Super. 30, 617 A.2d 678 (Ch.Div.1992), the court held that a girlfriend met the jurisdictional requirements of being an alleged victim of domestic violence in light of the family-like setting of the relationship that resulted in the parties being de facto "household members" within the meaning of the Act, even though the parties had never been married or shared the same legal residence.[4] The court in that case construed the term "household member" to require more than a casual dating relationship but less than the parties residing together." Desiato, supra, 261 N.J.Super. at 34, 617 A.2d 678. In reaching its decision the court found that the definitional standard of a "household member" should be measured by the frequency of the time the parties spend together and a variety of other factors. Ibid.

The rationale of Desiato, supra, 261 N.J.Super. at 30, 617 A.2d 678, was cited favorably by the Appellate Division in Bryant v. Burnett,

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Bluebook (online)
757 A.2d 836, 334 N.J. Super. 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/storch-v-sauerhoff-njsuperctappdiv-2000.