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Bowman v. Andreychak

December 30, 2008

AMANDA BOWMAN, PLAINTIFF-RESPONDENT,
v.
JASON ANDREYCHAK, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Somerset County, FV-18-804-08.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 9, 2008

Before Judges Winkelstein and Chambers.

Defendant Jason Andreychak appeals from an April 10, 2008 final restraining order that barred him from committing acts of domestic violence against plaintiff Amanda Bowman, granted plaintiff temporary custody of the parties' two children, and placed restrictions on defendant's visitation with the children. We affirm.

The parties married on January 25, 2002, and have two children: the oldest was born on July 20, 2002 and the youngest was born on July 24, 2004. On March 26, 2008, plaintiff obtained a temporary restraining order against defendant, granting her temporary custody of the two children. Five days later, defendant filed a complaint for divorce.

A final restraining order hearing was held before Judge Buchsbaum on April 10, 2008. At the time of the hearing, plaintiff was living with the children in a women's shelter. Prior to that, she, defendant and the children were living with defendant's parents in their home.

The events that triggered plaintiff's request for a restraining order occurred on March 23, 2008, Easter Sunday. Defendant accused her of not caring about the children, telling her that she was no longer needed - "just a babysitter" - and that she should leave the home. According to plaintiff, defendant told the children to refer to her as the babysitter, not as their mother.

Plaintiff testified that while she was talking on the phone with her grandmother, defendant told her to hang up and threw candy at her. She said she did not want to argue with him because "he'll get in my face. And he makes me agree with him. I have to agree with him on everything or he doesn't stop getting in my face." On the evening of March 23, she left the house after finding a bowl on the bed with marijuana in it.

According to plaintiff, defendant tells the children that she does not love them and calls her names in front of them; he has told the children that plaintiff is a "whore just like [her] mother." On one occasion, defendant had chased her and she hid in the bathroom; defendant punched a hole in the bathroom door.

Plaintiff claimed that defendant forced her to leave the premises on multiple occasions. After she had lost her keys, he would not give her a key to the house, and when she came home, he would keep her waiting at the door. On one occasion, when she was fifteen minutes late returning home, she had to sleep in her car during a thunder storm; defendant did not let her in the house until 5:00 a.m.

Plaintiff testified that defendant broke three of her computers. In December 2007, when plaintiff tried to get into the house, defendant pulled her away from the door, and she fell down the steps. In January 2008, defendant had been holding her computer; she took it from him and walked into the back room. Defendant followed her and "smacked" her in the face. The next month, he told her to leave the house and take her belongings with her, and he "would throw them in [her] car or on top of [her] car." Once, defendant threw her personal belongings in the mud following a rain storm. She further asserted that in either January or February of 2008, while the children were present, defendant threw a dresser drawer at her that struck the wall and left a mark.

Plaintiff and defendant have had multiple arguments about plaintiff leaving the home to go out with her friends. Defendant accuses her of taking drugs and having sex with other men. Plaintiff testified that she is afraid of defendant because he "gets in [her] face. He has thrown ...


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