On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Passaic County, Docket No. FV-16-000646-09.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted November 18, 2009
Before Judges Graves and J.N. Harris.
Defendant K.H. appeals a final restraining order (FRO) dated October 2, 2008, granted to his former wife, plaintiff E.O., pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. We affirm.
The parties - parents of two young children - were married for six years and seven months, divorcing on December 5, 2007. The judgment of divorce incorporated the parties' Marital Settlement Agreement (Agreement), which provided:
The Wife agrees that she shall, upon the completion of her schooling and licensing, seek employment. In the event the Wife does not seek employment, earnings shall be attributed to her for purposes of child support calculations of at (sic) $50,000 per annum. Child support shall be revisited upon the Wife's completion of her present schooling and obtaining employment on a full-time basis but no later than one (1) year, based upon her actual earnings or imputed income of $50,000 if actual earnings don't occur and the Husband's assumed earnings of $100,000 per annum and calculated pursuant to the Child Support Guidelines of each of the parties at that time. [(Emphasis added.)]
Before the expiration of the one-year period contemplated by the Agreement, defendant became suspicious that plaintiff had already completed her schooling and licensure, or otherwise had obtained full-time employment. On September 23, 2008, in a misguided effort to learn for himself whether plaintiff was gainfully employed on a full-time basis, he followed plaintiff to the Clara Maass Medical Center in Belleville. Plaintiff testified that around 8:00 a.m., as she drove into a parking space in a parking garage, "a dark blue SUV pulled up behind me." Claiming that her car was now blocked in, she stated:
I get out of my car. The window rolls down and - and it's [K.H.] with a camera in his hand, a phone in his other hand saying, Hi, [E.]. Oh, you're going to work? I got you now. I know everything about you. I know your every move and everything. He starts taking pictures.
I was so shaken up I dropped my keys. Because he's saying every - reporting every move on the phone to whoever he was speaking with. Oh, she dropped her keys now. Oh, she spilled her coffee now. Every move. I didn't know what to do. I was so shaken up.
Finally, he pulled away, started screaming out his window, laughing. Ha, ha, ha, yeah baby, I got you now. Drove away. I went into work very shaken.
After her workday ended, plaintiff applied for and was granted an ex parte temporary restraining order (TRO) against defendant.
The next day, September 24, 2008, presumably before defendant was served with a copy of the TRO, plaintiff claimed that the following occurred:
I drove to my boyfriend's work, which is Bloomfield College. And I went down the street, parked my car behind the office building, got out of my car, and I noticed Mr. [H.]'s vehicle - which is not the dark blue SUV. I don't know whose vehicle he was using ...