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Piotti v. Piotti

October 8, 2008

GEORGINE PIOTTI, PLAINTIFF-RESPONDENT,
v.
E. SCOTT PIOTTI, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Middlesex County, Docket No. FV-12-000621-08.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued September 29, 2008

Before Judges Graves and Grall.

Defendant E. Scott Piotti appeals from a final restraining order (FRO) entered on November 14, 2007, pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35. When the temporary restraining order was issued on September 7, 2007, the parties were going through a divorce. Their divorce was finalized on October 10, 2007. The trial court found that defendant committed a simple assault, N.J.S.A. 2C:12-1(a)(1), and it granted plaintiff's request for an FRO.

On appeal, defendant presents the following arguments:

POINT I

THE TRIAL JUDGE ERRED IN EXCLUDING EVIDENCE INTENDED TO DEMONSTRATE IMPROPER MOTIVE BY THE CLAIMANT.

POINT II

THE TRIAL COURT ERRED IN EXCLUDING EVIDENCE INTENDED TO DEMONSTRATE THAT THE RELIEF SOUGHT WOULD HAVE AN ADVERSE EFFECT ON THE CHILD BY PRECLUDING USE OF A PARENTING COORDINATOR.

POINT III

THE TRIAL COURT ERRED IN EXCLUDING EVIDENCE INTENDED TO DEMONSTRATE THAT THE RELIEF SOUGHT WAS NOT NECESSARY AS PLAINTIFF DID NOT HAVE NEED FOR PROTECTION OF HERSELF.

POINT IV

THE TRIAL COURT ERRED IN FAILING TO MAKE PARTICULAR FINDINGS OF CREDIBILITY AND DEMEANOR OF THE PLAINTIFF WHERE THE EVIDENCE REQUIRED SUCH FINDINGS, AND THE TRIAL COURT ERRED IN SUMMARILY MAKING ADVERSE FINDINGS ABOUT DEFENDANT'S DEMEANOR WITHOUT ...


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