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R.K.R.T. v. Jones

May 14, 2010

R.K.R.T.,*FN1 PLAINTIFF-RESPONDENT,
v.
DONALD W. JONES, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Essex County, Docket No. FV-07-1150-09.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 28, 2010

Before Judges Stern and Graves.

Defendant Donald Jones appeals from a final domestic violence restraining order (FRO) entered on October 27, 2008, pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35. Because the trial court relied on telephone voice messages that were not made a part of the record, we remand to the Family Part for further proceedings.

In this case, there is no dispute that the parties had a dating relationship and that defendant purchased tickets for a Janet Jackson concert that was scheduled to take place on Friday, October 17, 2008. However, sometime in August, after the parties had discontinued their relationship, plaintiff canceled the concert tickets and obtained a full refund of defendant's money. Plaintiff never informed defendant that the tickets had been canceled. When plaintiff was asked about the concert tickets during cross-examination, he testified as follows:

They were supposed to be a birthday gift, because my birthday was the day before the concert.

Q: Okay. And who purchased the tickets?

A: They were purchased with my credit card, but with his money.

Q: Okay. And earlier you stated you canceled the tickets in August?

A: Yes.

Q: When was the concert ...


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