Legal Question in Family Law in New Jersey
A father and 18y/o high school daughter, who live together, get into a physical fight. The daughter calls mom who lives in another state. Mom calls police and dad is arrested for domestic voilence. Dad has to leave home because of restraining order until court. Water and electric has been shut off in the home because of non payment and the daughter is now staying with a friend. Here's the question. Mom is telling daughter that she can sell all the furniture in the home so she can buy a car, because everything belongs to her. Is this true and is the father restrained from the home or just his daughter?
2 Answers from Attorneys
Furniture does not belong to daughter but belongs to Mother and father and cannot be sold without court order.
If the daughter has moved out of the house, the wording of the restraining order is important. It
probably reads that he is restrained from returning to the scene of the domestic violence. He can
apply to the Court to change this language.
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