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Grilk v. Latronica

March 18, 2008

BRIAN GRILK, PLAINTIFF-RESPONDENT,
v.
MANDI LATRONICA, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Passaic County, Docket No. FV-16-000459-07.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 25, 2008

Before Judges Graves and Sabatino.

In a domestic violence complaint dated August 26, 2006, plaintiff Brian Grilk alleged that defendant, Mandi Latronica, "struck and scratched [him] in the area of his face and neck causing visible signs of injury." Following the trial, which took place on November 15, 2006, December 5, 2006, and January 10, 2007, the Family Part judge entered a final restraining order pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35.

On appeal, defendant presents the following arguments:

POINT I

THE COURT BELOW ERRED BY PERMITTING EVIDENCE NOT CONTAINED IN THE DOMESTIC VIOLENCE COMPLAINT THEREBY VIOLATING PROCEDURAL DUE PROCESS.

POINT II

THERE WAS INSUFFICIENT EVIDENCE TO SUPPORT THE TRIAL COURT'S FINDING THAT THE SIX NON EXCLUSIVE CRITERIA SET FORTH IN N.J.S.A. 2C:25-29(a) WERE SATISFIED IN THIS MATTER.

POINT III

THE COURT BELOW IMPROPERLY ADMITTED PHOTOGRAPHS OF THE PLAINTIFF INTO EVIDENCE INASMUCH AS THEY WERE NOT PROPERLY AUTHENTICATED AT TRIAL.

Based on our review of the record and the applicable law, we conclude defendant's arguments lack sufficient merit to warrant extended discussion in a written opinion. R. 2:11-3(e)(1)(E). We affirm substantially for the reasons ...


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