Montalvo v. Montalvo

Respondent Santiago Montalvo was arrested and arraigned for felonious assault in that he shot his wife, the petitioner, in the left eye and right arm, causing her to suffer gunshot wounds. Petitioner wife and respondent husband, who has no criminal record, had been married for 32 years; the shooting occurred during a visit by both at the home of a married son, in the context of the wife’s refusal to reunite with the husband after a six weeks’ separation.

The proceeding was transferred from a court of criminal jurisdiction to the Family Court because of the latter’s original jurisdiction over…