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D.S. v. K.P.

July 24, 2007

D.S., PLAINTIFF-RESPONDENT,
v.
K.P., DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Chancery Division-Family Part, Mercer County, FV-11-1073-04, FV-11-1074-04.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 15, 2007

Before Judges Weissbard and Payne.

Defendant, K.P., appeals from the entry of a final domestic violence restraining order against him, pursuant to N.J.S.A. 2C:25-29, and from the denial of his motion for reconsideration of that order. On appeal, he raises the following arguments:

POINT I

THE PREVENTION OF DOMESTIC VIOLENCE ACT OF 1991 AT N.J.S.A. 2C:25-29 IS UNCONSTITUTIONAL SINCE IT VIOLATED APPELLANT'S RIGHT TO DUE PROCESS BY REQUIRING THE LOWER COURT TO DETERMINE BY A PREPONDERANCE OF THE EVIDENCE WHETHER APPELLANT COMMITTED THE CRIMINAL OFFENSE OF HARASSMENT.

POINT II

THE TRIAL COURT'S FINDINGS SHOULD BE REVERSED SINCE THEY WERE NOT SUPPORTED BY SUFFICIENT CREDIBLE EVIDENCE AND SINCE THE TRIAL COURT MISAPPLIED THE LAW.

A. The Trial Court Erred in Not Considering the Credible Evidence Which Created the Inference that Plaintiff Filed the Domestic Violence Complaint to Gain an Advantage in the Parties' Civil Litigation.

B. The Trial Court's Finding that Defendant Did Not Satisfy His Burden and Prove That an Assault Occurred Disregarded the Credible Evidence Presented and Constituted a Misapplication of the Law.

We affirm.

Plaintiff, D.S., and defendant, K.P, maintained an eleven-year romantic involvement while also working together as business partners. On February 12, 2004, D.S. filed a complaint seeking the entry of restraints against K.P., pursuant to the provisions of the Prevention of Domestic Violence Act, ...


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