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Buynie v. Balzamo

December 19, 2007

KAREN BUYNIE, PLAINTIFF-RESPONDENT,
v.
JOSEPH BALZAMO, JR., DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Chancery Division, Bergen County, FV-02-1668-07.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 4, 2007

Before Judges Coburn and Fuentes.

Defendant, Joseph Balzamo, appeals from a final restraining order issued pursuant to the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 to -35, and filed on February 15, 2007. In support of his request for reversal of the order, he offers the following arguments:

POINT I

THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN FAILING TO EXCLUDE THE TESTIMONY OF MRS. BUYNES FOR HER VIOLATION OF THE COURT'S SEQUESTRATION ORDER.

POINT II

THE TRIAL COURT'S DECISION SHOULD BE REVERSED AND THE FINAL RESTRAINING ORDER VACATED BECAUSE THE EVIDENCE DOES NOT FACTUALLY OR AS A MATTER OF LAW SUPPORT THE COURT'S FINDING THAT DEFENDANT COMMITTED DOMESTIC VIOLENCE OR THAT A RESTRAINING ORDER IS NECESSARY.

A. Defendant Did Not Assault Plaintiff By Auto.

B. Defendant Did Not Harass Plaintiff.

C. A Domestic Violence Restraining Order Is Not Necessary Here.

After carefully considering the record and briefs, we are satisfied that the judgment is based on findings of fact that are adequately supported by the evidence, R. 2:11-3(e)(1)(A), and that all of the arguments made are without sufficient merit ...


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