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N.B. v. A.B.

Superior Court of New Jersey, Appellate Division

June 28, 2013

N.B., Plaintiff-Respondent,
v.
A.B., Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 4, 2013

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Middlesex County, Docket No. FV-12-001979-12.

Law Offices of Jef Henninger, attorneys for appellant (Jef Henninger, on the brief).

The Law Offices of Qadeer and Associates, PC, attorneys for respondent (Omar K. Qadeer, on the brief).

Before Judges Harris and Hayden.

PER CURIAM

Defendant A.B. appeals from a final restraining order entered in favor of plaintiff N.B. pursuant to the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35, based on the Family Part's finding that A.B. assaulted N.B. On February 25, 2012.[1] A.B. argues that there was insufficient evidence to find that an assault had occurred and the issuance of the final restraining order was not necessary for N.B.'s protection. We reject these arguments and affirm.

I.

The parties were married in May 2010. A temporary restraining order under the Act was entered by the Family Part in N.B.'s favor on April 18, 2012. The grounds for the temporary restraining order included alleged assault, sexual assault, and harassment. The complaint charged, among other things, that in addition to "[A.B.] forc[ing] [N.B.] to have sex and sexually assault[ing] [N.B.]" on April 17, 2012, A.B. slapped N.B. on the face "about three months ago, " but "this was never reported."

On the first-scheduled trial date, N.B. filed a handwritten amended complaint, which caused the trial to be adjourned. In her amended pleading N.B. wrote,

[O]n Feb[ruary] 25 of this year, [A.B.] wanted to have sex and then pushed [N.B.] off the bed. Then hit [N.B.] and [A.B.'s] mother came out of the room supporting her son in beating [N.B.]. His father just watched. [A.B.] hit [N.B.] again and then pushed [N.B.] down the stairs. [A.B.] then threw [N.B.] out of the home, told her to "go die, " and then locked [N.B.] out. [N.B.] had no shoes or coat and was crying outside for over [thirty] minutes. [A.B.] opened the door, yelled at [N.B.] again and told her to get back inside. [A.B.] pushed [N.B.] on the floor as she walked in.

The temporary restraints were continued to the new trial date.

At trial on May 14, 2012, the parties testified. In addition to the April 16, 2012 incident and other encounters, N.B. described the events of February 25, 2012, in a fashion consistent with the version of events that she had written in the amended complaint. She also testified that on the Monday ...


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