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Perez v. Blanco

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


February 6, 2009

ISLENN PEREZ, PLAINTIFF-RESPONDENT,
v.
JUAN I. BLANCO, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Bergen County, Docket No. FV-02-1412-08.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 21, 2009

Before Judges Graves and Grall.

Defendant Juan I. Blanco appeals from a final restraining order entered on a complaint filed by his wife, plaintiff Islenn Perez, pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. We affirm.

Crediting plaintiff's testimony that defendant punched her in the arm with sufficient force to cause bruising and disbelieving defendant's denial, the trial court determined that plaintiff proved that defendant committed an act of domestic violence, simple assault contrary to N.J.S.A. 2C:12-1a(1). See N.J.S.A. 2C:25-19a(2) (defining domestic violence to include a simple assault committed against a person protected under the PDVA); N.J.S.A. 2C:25-19d (extending the protection of the PDVA to a person who is subjected to domestic violence by his or her spouse).

The court also accepted plaintiff's testimony about defendant's prior acts of domestic violence - one in which she was punched in the ribs, another involving a punch in the face and injury to her lip and a third in which defendant pointed a gun at her. Based on plaintiff's proof of an act of domestic violence and the history of domestic violence she established, the court determined that a final restraining order was necessary to prevent further abuse. See Silver v. Silver, 387 N.J. Super. 112, 125-28 (App. Div. 2006).

On appeal defendant contends that the trial court misused the history of domestic violence and plaintiff failed to establish the simple assault she alleged. Defendant's claim of legal error is not supported by the record, and the restraining order "is based on findings of fact which are adequately supported by evidence." R. 2:11-3(e)(1)(A).

Affirmed.

20090206

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