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A.D v. B.O

December 3, 2010

A.D., PLAINTIFF-RESPONDENT,
v.
B.O., DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Essex County, Docket No. FV-07-3372-09. William F. Henning, attorney for appellant. Helfand & Associates, attorneys for respondent (Jacqueline F. Pivawer and Tracy Ann Luciano, on the brief).

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 6, 2010 - Decided Before Judges Kestin and Coburn.

Defendant appeals from a final restraining order entered pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35 (the Act). The order, among its other terms, also provided that defendant was to have supervised visitation with the parties' son, subject to a risk assessment to be conducted.

On appeal, defendant argues:

POINT I

THE ENTRY OF THE FINAL RESTRAINING ORDER LACKED LEGAL SUFFICIENCY, AND WAS NOT ESTABLISHED BY CREDIBLE EVIDENCE [OF]

A. STALKING

B. HARASSMENT

C. ASSAULT

POINT II

EVEN IF A PREDICATE OFFENSE WAS PROPERLY FOUND BY THE COURT, THE ACT DID NOT JUSTIFY THE ENTRY OF ...


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