In a Decision – J.M. v. M.M., . (an "Unreported Decision") >> the Court Held:
The Appellate Division affirmed the Decision of the Trial Court and determined that the Trial Court’s conclusion that while Wife demonstrated the predicate act of Harassment (even though not alleged), that was sufficient.
The trial judge found a predicate act of harassment while defendant's complaint only alleged assault. Court agreed trial judge erred when he found plaintiff committed harassment when it was not alleged in defendant's complaint but it was harmless error. The fundamental issue was whether either party had committed assault and trial judge found plaintiff purposely injured defendant by punching her. Moreover, the trial judge's findings were that Plaintiff had purposely injured Defendant, which met the statutory definition for assault.