In a Decision – E.P. v. A.P.., (an "Unreported Decision") >> the Court Held:
The Appellate Division affirmed the Trial Court Decision that Domestic Violence did occur even if Husband stated he was provoked.
Wife, daughter and son testified at the hearing and provided audio recordings of husband ranting, cursing and threatening to kill wife and children. Wife and daughters made the recordings after husband's conduct became "scary." Son and daughter also testified to an incident in the marital home when they had to intervene to prevent husband from going into disabled brother's room after yelling "get that handicapped idiot motherfucker out of my house." Wife testified husband threw clothes, coffee and food around the room and broke a kitchen door. Husband asserted his actions were the result of long-term provocation and torment by wife and children.
Trial judge found husband committed the predicate acts of harassment and terroristic threats. Court was not persuaded by defendant's argument that trial court failed to consider he was provoked