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Lind v. Lind

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


June 29, 2007

KATHLEEN LIND, PLAINTIFF-RESPONDENT,
v.
EDWARD D. LIND, DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Atlantic County, Docket No. FV-01-285-07.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 19, 2007

Before Judges Kestin and Lefelt.

Judge Middlesworth found that plaintiff Kathleen Lind, who was eight months pregnant at the time, and defendant Edward Lind had "been involved in arguments and unpleasantries for some time now. It escalated [one] morning to the point where the defendant struck his wife in the face." Consequently, the judge concluded that plaintiff was "entitled to a [final] restraining order." Defendant appeals, arguing that "a slap in the face, which was an isolated incident in a disagreeable episode involving spouses does not constitute a violation of the prevention of domestic violence act justifying issuance of a final restraining order."

We reject this argument as totally without merit. R. 2:11- 3(e)(1)(E). This is precisely the kind of reprehensible conduct that the Domestic Violence Act was designed to prevent. See N.J.S.A. 2C:25-18. As the Supreme Court explained, "one sufficiently egregious action [may] constitute domestic violence under the Act, even with no history of abuse between the parties." Cesare v. Cesare, 154 N.J. 394, 402 (1998).

Affirmed.

20070629

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