Decision – M.D. v. P.D.. (an "Unreported Decision") >> the Court Held:
The Appellate Division determined that Domestic Violence occurred when a Spouse appears with the young child at a bar where the victim was present and threatened the victim that he would tell her boss that she was having an affair with a co-worker. Defendant has a history of domestic violence as demonstrated by the two domestic violence complaints filed by Plaintiff. The Appellate Division determined that the judge carefully reviewed the testimonial evidence presented by the parties and made specific findings based on that evidence that are well-supported by the record.
The court affirmed holding the trial judge carefully reviewed the testimonial evidence presented by the parties and made specific findings based on that evidence that were well-supported by the record. The court noted the record amply supported that appellant engaged in a pattern of conduct with the express purpose to annoy and alarm respondent. These acts of harassment had the ability to cause great emotion harm and psychological trauma. Moreover, the court agreed with the trial judge that respondent’s dismissal of her first domestic violence complaint and matrimonial consent order which provided for civil restraints, was not the functional equivalent of a formal adjudication finding that appellant did not commit an act of domestic violence. Accordingly, the court affirmed the issuance of a Final Restraining Order.