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State v. A. T.

September 10, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
A. T., DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Family Division, Union County, Docket No. FO-20-333-08.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued September 2, 2009

Before Judges Payne and Waugh.

Defendant, A. T., appeals from convictions, following a two-day bench trial, for harassment, N.J.S.A. 2C:33-4a, a petty disorderly persons offense, and for contempt arising from violation of a final restraining order entered under the provisions of the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:29-9b, a disorderly persons offense. A. T. was sentenced to concurrent terms of one year of probation, conditioned upon incarceration for thirty days in the Union County Jail, and she was required to pay appropriate fines and penalties. The jail term has been served.

On appeal, A. T. raises the following arguments for our consideration:

POINT I

THE TRIAL COURT INCORRECTLY FOUND DEFENDANT ACTED WITH THE INTENT TO HARASS BECAUSE IT BASED ITS FINDINGS NOT ON DEFENDANT'S PURPOSE OR MOTIVATION BUT RATHER HER ACTIONS AS A MATTER OF LAW.

POINT II

THE TRIAL COURT IMPROPERLY CONVICTED DEFENDANT OF CONTEMPT OF AN FRO BECAUSE DEFENDANT DID NOT HAVE THE REQUISITE INTENT REQUIRED BY STATUTE AND THE STATE DID NOT PROVE BEYOND A REASONABLE DOUBT THAT DEFENDANT MADE A COMMUNICATION.

POINT III

DEFENDANT'S CONVICTION MUST BE OVERTURNED BECAUSE THE TRIAL COURT WAS CLEARLY MISTAKEN AND THE CONVICTION WAS PLAINLY UNWARRANTED AND JUSTICE DEMANDS INTERVENTION AND CORRECTION.

POINT IV

EVEN IF THE COURT FINDS DEFENDANT GUILTY OF THE CRIMES CHARGED THE VIOLATION WAS DE MINIMIS BECAUSE IT DID NOT ACTUALLY CAUSE OR THREATEN THE HARM OR EVIL SOUGHT TO BE PREVENTED BY THE PREVENTION OF ...


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