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M.C v. A.C

October 14, 2011

M.C., PLAINTIFF-RESPONDENT,
v.
A.C., DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Burlington County, Docket No. FV-03-000943-11.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 28, 2011

Before Judges Graves and J. N. Harris.

Defendant A.C. appeals from a final restraining order entered on December 15, 2010, pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35. He contends the trial court erred in failing to allow him to present additional evidence; the record does not support the trial court's determination that he committed acts of harassment as defined in N.J.S.A. 2C:33-4; and there was insufficient evidence to demonstrate that a restraining order was necessary to prevent further abuse. For the reasons that follow, we affirm.

The incident that led to the filing of a domestic violence complaint occurred at the parties' marital home on November 30, 2010, at approximately 8:00 p.m. According to plaintiff, M.C., the parties were "arguing throughout the day and some words were exchanged." Plaintiff also testified as follows:

I had repeatedly asked my husband to please stop yelling, to please back off and we could talk about it later because . . . our children were around. One was in bed and the other, I was trying to prepare for bed, giving him his snack and having . . . some play time with him. And I wished . . . to have been left alone with him without having my husband yelling and screaming at me at that time.

My husband continued to yell at me and make threats against me, "To get out of the house." He kept repeating that, "It wasn't my house. That I had to get out. And that I could get out and he already had paperwork stating that I had to leave and that I only come and see my children three days a week at his house."

At this point, my son came into the living room. My husband then proceeded to make derogatory remarks about my private parts within my son's earshot, in front of him.

THE COURT: Which son?

M.C.:

My eight year old . . . .

THE COURT: ...


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