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Monday, January 31, 2011

S.Z. VS. M.C. A-3841-09T2

S.Z. VS. M.C. A-3841-09T2 01-26-11

We reverse the trial court and find jurisdiction under the "household member" provision of the Prevention of Domestic Violence Act in a situation where the male defendant was a guest in the male plaintiff's home, living with plaintiff and his wife and children for seven months. While living with plaintiff, defendant allegedly climbed a ladder placed against the home to peep through a window at plaintiff coming out of the shower. Ten months after being thrown out of the home, defendant allegedly followed plaintiff and planted a secret camera in plaintiff's truck to surreptitiously record him. Although the two men never had a traditional familial, romantic or sexual relationship, we find that neither the incompatible sexual orientations of the two men nor the timeframes involved defeat jurisdiction.