On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Passaic County, Docket Nos. FV-16-000702-08 and FV-000706-08.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted January 21, 2009
Before Judges Skillman and Graves.
Defendant William C. Stankevitch appeals from a final restraining order entered on December 18, 2007, pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35.
Defendant contends that the trial court erred: (1) in finding that defendant intended to harass plaintiff when he told her on many occasions during the parties' four year relationship, "I'll get you"; and (2) in finding plaintiff was credible when she testified defendant had "raised his fist" because no such claim was made in her complaint. After considering these arguments in light of the record and the applicable law, we affirm.
In her complaint, plaintiff alleged that defendant told her "I'm gonna get you and your [f]ucking mother . . . when I get finished with you . . . you'll be sorry." In addition, plaintiff alleged a prior history of domestic violence consisting of "past incidents of verbal harassment."
The parties were the only witnesses to testify regarding an incident that took place at plaintiff's home on Saturday, September 22, 2007. Plaintiff testified defendant became upset and threatened her and her mother after she told him she was aware of his relationship with another woman. Plaintiff stated she asked defendant to "take his things and leave," and further testified:
Q: And how close was Mr. Stankevitch to you when you were having this discussion?
A: He was close to me. We were --
A: Close, right next to where the island comes together ...