Legal Opinion

Jessica D. v. Jeremy H.

Appellate Division of the Supreme Court of the State of New York

Decided June 24, 2010PublishedCited by 26 opinions

1Opinion of the Court

OPINION OF THE COURT

Mercure, J.

The question that we must answer on this appeal is whether Family Court has jurisdiction to entertain an application for an order of protection made by a married woman, who lives with her husband, against a boyfriend with whom she has an intermittent sexual relationship. We hold that it was the intent of the Legislature to include ‘ ‘boyfriend/girlfriend’ ’ relationships within the plain terms of the recently revised Family Ct Act § 812 (1) (e) and, accordingly, Family Court should not have dismissed the petition on public policy grounds.

Petitioner, who resided…

2Cases cited8 opinions

  1. Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
  2. Hernandez v. RoblesNew York Court of Appeals · 2006
  3. MATTER OF ORENS v. NovelloNew York Court of Appeals · 2002
  4. Seye v. LamarAppellate Division of the Supreme Court of the State of New York · 2010
  5. MATTER OF WALKER v. WalkerNew York Court of Appeals · 1995

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3Cited by26 opinions

  1. Matter of Xin Li v. RamosAppellate Division of the Supreme Court of the State of New York · 2015
  2. Matter of Kristina L. v. Elizabeth M.Appellate Division of the Supreme Court of the State of New York · 2017
  3. Parrella v. FreelyAppellate Division of the Supreme Court of the State of New York · 2011
  4. Matter of Arita v. GoodmanAppellate Division of the Supreme Court of the State of New York · 2015
  5. Schneider v. ArataAppellate Division of the Supreme Court of the State of New York · 2011

21 more not listed; retrieve them via the Exa API.

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