September 28, 2007
JENNIFER BARTOLICK, PLAINTIFF-RESPONDENT,
ANDREW PECZINKA, DEFENDANT-APPELLANT.
On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Union County, Docket No. FV-20-869-07.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted September 18, 2007
Before Judges Grall and Chambers.
Defendant Andrew Peczinka appeals from a final restraining order entered pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. The plaintiff is Jennifer Bartolick. The parties had a dating relationship. Defendant argues that the evidence was inadequate to permit the trial court to find a purpose to harass, which is a necessary element of harassment as defined in N.J.S.A. 2C:33-4. We are bound by the judge's evaluation of the credibility of the witnesses and conclude that the court's factual findings are supported by "adequate, substantial, credible evidence." See Cesare v. Cesare, 154 N.J. 394, 412 (1998). Accordingly, we affirm.
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