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R.B v. P.B

September 17, 2012

R.B., PLAINTIFF-RESPONDENT,
v.
P.B., DEFENDANT-APPELLANT.
P.B., PLAINTIFF-APPELLANT,
v.
R.B., DEFENDANT-RESPONDENT.



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Morris County, Docket Nos. FV-14-008400-11 and FV-14-001168-11.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 18, 2012

Before Judges Graves and Koblitz.

In these consolidated matters, P.B. appeals from a final restraining order (FRO) entered against him on March 7, 2011, pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, and a subsequent order denying his request for a temporary restraining order (TRO) against R.B.,*fn1 his wife. We affirm.

The parties were going through a divorce when R.B. filed a domestic violence complaint and obtained a TRO on March 3, 2011. The complaint recited a prior history of domestic violence and alleged the predicate offense of harassment. N.J.S.A. 2C:33-4. The parties were the only witnesses to testify at the final hearing, which took place on March 7, 2011.

Respondent testified she was "very scared" after she received a series of threatening emails from appellant on February 11, 2011. In one of the emails, appellant stated:

Again, don't take this lightly or think that it's just an idle threat. You have one last chance to save yourself, and considering what an asshole you are, I shouldn't even give this to you. Blow me off this time and I promise you, you'll regret it for the rest of your life. That is not a threat . . . it's a promise.

In another email, appellant stated:

I begged you to go to the counselor for one reason only, so you could be saved. John*fn2 knows what is going to happen to you and he was in on this. It was his idea to see if he could save you, when he saw how hard it was for me to destroy you.

Following her receipt of the emails, respondent received several telephone calls from her husband. According to respondent, her husband told her she "brought all this upon [herself]" and she would "have to pay for the pain that [she] caused him." In addition, appellant told her she "ruined his life" and "it's time to pay."

Respondent also testified that while she was employed by an accounting firm, someone sent her employer an anonymous letter accusing her of tax fraud and other criminal conduct. Appellant admitted at trial that he sent the unsigned letter to his wife's employer. The letter, dated February 22, 2011, reads as follows:

Enclosed please find a copy of the complaint that has been filed with the New Jersey State Board of Accountancy against Ms. [R.B.]. This complaint copy is being provided to you as Ms. ...


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