On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Burlington County, FV-03-834-08.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted January 7, 2009
Before Judges A. A. Rodríguez and Payne.
Defendant, J. O'D (mother) appeals from the January 9, 2008 final restraining order entered against her pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to 35, following a finding by the Family Part judge, after a twoday hearing, that the mother had harassed her former husband, P. O'D (father). See N.J.S.A. 2C:25-29 (restraining order); N.J.S.A. 2C:33-4 (harassment).
On appeal, the mother raises the following issues:
AS THERE WAS NOT ADEQUATE, SUBSTANTIAL, AND CREDIBLE EVIDENCE TO SUPPORT THE TRIAL JUDGE'S FINDING OF AN INTENT TO HARASS BY MOTHER, THE ENTRY OF A FINAL RESTRAINING ORDER AGAINST MOTHER MUST BE REVERSED.
AS THE RECORD CONTAINS NO ADEQUATE, SUBSTANTIAL, AND CREDIBLE EVIDENCE THAT THE DEFENDANT ENGAGED IN REPEATED ACTS OF ALARMING CONDUCT, THE ENTRY OF A FINAL RESTRAINING ORDER AGAINST DEFENDANT MUST BE REVERSED.
AS THE TRIAL COURT FAILED TO CONSIDER THE HISTORY OF DOMESTIC VIOLENCE BETWEEN THE PARTIES, THE ENTRY OF A FINAL RESTRAINING ORDER AGAINST DEFENDANT MUST BE REVERSED.
THE FINAL RESTRAINING ORDER ENTERED AGAINST MOTHER MUST BE REVERSED BECAUSE FATHER UTILIZED THE RESTRAINING ORDER PROCESS TO GAIN AN ...