On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Somerset County, Docket No. FV-18-508-11. John J.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Ashrafi and Fasciale.
Defendant appeals from a final restraining order (FRO) entered against him under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35. The judge entered the FRO based on a domestic violence complaint filed by plaintiff, his ex-wife, alleging harassment, N.J.S.A. 2C:33-4(a). Defendant argues that the judge erred by finding he harassed plaintiff, and concluding an FRO was necessary. Defendant also argues that plaintiff used the FRO as a sword, rather than a shield. We disagree and affirm.
The parties were married for four years and have five children from different relationships. The day after the entry of their divorce judgment, the husband sent a text message to the wife stating that her lying would result in retaliation. She requested that he stop contacting her. At approximately 9:19 p.m. the husband sent a lengthy email to the wife's work email address, selections of which read:
I feel as a responsible person I have one more lesson to teach. This lesson is strictly for your daughters since they don't have a good role model[.] I own the rights to hundreds of artistic photos that I can and will share with the world.
You never know where or who might may see them, close friends, strangers, cashiers, bartenders, men that you are interested in, guys at Pathmark[.] You never know what might be done with them.
Anyone that smiles at you may be smiling for another reason, you'll never know for sure.
[M]e being a knuckle head[, I] could accidentally drop them out of my truck and I'm sure someone would find them for me. Think of the endless possibilities. Wal-Mart, [P]athmark, Route 1 pub, hell, the bar in Middlesex that my friend owns, the possibilities are endless.
There are so many sites out there that I could share some beautiful artful pictures with and I do have a lot . . . you're nothing more than a selfish lying c*** . . .
[h]ell I even have video.
I'm very cautious of whom I let have my pictures, that's why you ...