In a Decision – M.D.G. v. J.G.- (an "Unreported Decision") >>
the Court Held:
The Appellate Division found that the number of email contacts and the tone and tenor of the emails, which included subject matter in violation of civil restraints, was narrowly sufficient to constitute the predicate offense of harassment.
(However, it was not persuaded that the judge's finding of the need for the issuance for an FRO was grounded in the application of the appropriate statutory standards, and reversed and vacated the FRO. The panel said that in determining if plaintiff required protection from an immediate danger or to prevent further abuse, the judge placed undue emphasis on defendant’s emotional behavior during the hearing and overlooked the absence of evidence of prior violence between the parties; that the issuance of the TRO resulted in defendant terminating the "harassing" conduct; and that plaintiff gave false testimony in support of her allegations of stalking and assault.)