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State of New Jersey v. Barry R. Silvers

July 11, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
BARRY R. SILVERS, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Morris County, Docket No. FO-14-84-10.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued January 24, 2011

Before Judges A.A. Rodriguez and LeWinn.

Defendant appeals from the January 12, 2010 order of the Family Part finding him guilty, after trial, of violating a domestic violence final restraining order (FRO), N.J.S.A. 2C:29- 9(b). He was sentenced to a one-year term of probation; the appropriate statutory assessments and fines were imposed. On appeal, he contends that his conviction must be reversed because the record does not support the judge's conclusion that he knowingly violated the FRO. We disagree, and affirm.

L.N. obtained a temporary restraining order (TRO) against defendant on May 9, 2009. The TRO was personally served on defendant at 7:50 p.m. on the same date. It prohibited defendant from having any contact with L.N. and from "making or causing anyone else to make harassing communications to" her.

L.N. obtained an FRO against defendant on June 2, 2009, which contained the same prohibition.

L.N. testified that on May 9, June 24, July 19, and August 5, 2009, she received telephone calls from Joan Lind, a friend of defendant's, who said defendant had asked her to call and speak to L.N. about resuming the relationship with him. On May 9, Lind called and "yell[ed] at" her "for getting the restraining order."

The August 5 call lasted about forty-five minutes; Lind told L.N. that "defendant . . . was there and that she was very concerned for him, that he was very, very sick and [L.N.] need[ed] to go back with him. [She had] . . . him all wrong." Lind said that defendant "has been constantly nagging her and she . . . keeps calling [L.N.] just to get him off her back."

L.N. testified that the August 5 phone conversation lasted so long because she was "plead[ing] with [Lind] to . . . leave [her] alone."

L.N. asked Lind if she was aware of the FRO and Lind answered that she was, and knew that defendant was not allowed to contact her. L.N. testified that she received a total of "[s]ix or seven" phone calls from Lind; on June 24 and July 19, Lind called her several times a day.

Mount Olive Police Officer Mark Martini spoke to L.N. on August 15, 2009, when she came to headquarters to file a complaint against defendant for violating the FRO. L.N. told Martini about the phone calls from Lind and showed him Lind's telephone number on her cell phone. Martini called and spoke to Lind who told him "that she didn't really know [L.N.], but had contacted her several times. She wasn't trying to cause any problem, but she sa[id] she was asked by [defendant] to contact her." Martini stated that he did not record his conversation with Lind.

Lind testified as a State's witness. She has known defendant for about seven years. He is a private investigator and ...


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