Legal Question in Family Law in New Jersey
8 year old Paternity & Domestic Violence
My husband was served with a paternity suit from 8yrs ago. He went to family court and they did a paternity test-he is waiting for results. In the mean time, he just received a temporary restraining order where the woman claimed 8yrs ago he threatened to kill her and the kid if she went for child support. The accusations are false and the paternity testing isn't in yet to even determine if the child is his. He has not had any contact with the mother or child for 8yrs. He did not know there even was a child. He is not violent or threatning to me or our children. We also live 2 1/2hrs away from this woman. Does he have any rights here? We are appearing in court in 2 days for the restraining order. Also, does the court notify you when they have the paternity results, or do they just send you a new date to go back to family court? Thank you.
2 Answers from Attorneys
Re: 8 year old Paternity & Domestic Violence
I'm surprised that the woman was able to get a restraining order based on the facts as set forth. At the final hearing, the Court should be asked to dismiss the complaint for lack of any recent allegations of domestic violence.
Re: 8 year old Paternity & Domestic Violence
A dismissal motion seems appropriate. How does one defend against an incident which is eight years old? The test results are probably available several days before the hearing but one has to call the court to determine its availability before the hearing date.
Of great importance is the reason or lack of a reason for the failure to serve the papers long ago.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
ww.garymooreattorneyatlaw.comh
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
