Hemenway v. Hemenway

992 A.2d 575 (2009)

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Hemenway v. Hemenway

New Hampshire Supreme Court
992 A.2d 575 (2009)

  • Written by Haley Gintis, JD

Facts

In July 2008, Michelle Hemenway (plaintiff) left her husband, Edmund Hemenway (defendant) and moved from Florida to New Hampshire. Michelle petitioned for a protective order against Edmund in the New Hampshire family-division court. In the petition, Michelle alleged that Edmund had been verbally abusive and had threatened her in both Florida and Massachusetts. The petition did not include allegations of incidents taking place in New Hampshire. The family division issued the protective order. The order prohibited Edmund from contacting, threatening, or coming near Michelle and required Edmund to surrender all weapons. Edmund appealed on the ground that the New Hampshire family division did not have subject-matter jurisdiction to issue the order. In support of his argument, Edmund alleged that the New Hampshire criminal court would not have jurisdiction over the same threatening behavior and so the family division should not have subject-matter jurisdiction either. Edmund also argued that the family division lacked personal jurisdiction over him.

Rule of Law

Issue

Holding and Reasoning (Duggan, J.)

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