L.S. v. P.S., 112316 NJSUP, A-4410-14T1

Docket Nº:A-4410-14T1
Opinion Judge:PER CURIAM.
Party Name:L.S., Plaintiff-Respondent, v. P.S., Defendant-Appellant.
Attorney:Thomas S. Pavics argued the cause for appellant. Evan R. Weinstein argued the cause for respondent (Weinstein Lindemann & Weinstein, attorneys; Mr. Weinstein, of counsel and on the brief; Melissa E. Gluck on the brief).
Judge Panel:Before Judges Kennedy and Gilson.
Case Date:November 23, 2016
Court:Superior Court of New Jersey
 
FREE EXCERPT

L.S., Plaintiff-Respondent,

v.

P.S., Defendant-Appellant.

No. A-4410-14T1

Superior Court of New Jersey, Appellate Division

November 23, 2016

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued October 18, 2016

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Somerset County, Docket No. FV-18-0694-15.

Thomas S. Pavics argued the cause for appellant.

Evan R. Weinstein argued the cause for respondent (Weinstein Lindemann & Weinstein, attorneys; Mr. Weinstein, of counsel and on the brief; Melissa E. Gluck on the brief).

Before Judges Kennedy and Gilson.

PER CURIAM.

Defendant appeals from a final restraining order (FRO) entered against him under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, based on harassment, N.J.S.A. 2C:33-4(c), and criminal mischief, N.J.S.A. 2C:17-3. We affirm.

The facts were established at a three-day trial where both parties were represented by counsel, and at which both parties, as well as a police officer, testified. At the time of the incident that gave rise to the restraining order, the parties had been married for over fifteen years and they had two teenage children. In December 2014, defendant informed plaintiff that he wanted to separate. Although he continued to live in the marital home, he stopped using the master bedroom and slept in a separate bedroom. After defendant moved out of the master bedroom, plaintiff put a cable lock on the door to that room.

On February 18, 2015, the parties got into a verbal argument concerning the tuition for the children's private schools. During that argument, defendant picked up a glass pitcher, threw it, and it shattered. Plaintiff and the children immediately left the house and plaintiff did not return until approximately 4 p.m.

During the day, defendant text-messaged plaintiff, asking her to "be a good wife and clean up the mess." The text message went on to state: I also need laundry done. I am out of sweaters to wear to run our business. I also appreciate it if you would bring me dinner every night so I don't have to eat potato chips. And I insist that you get ready by 7 a.m. so you have enough time to make the kids breakfast. I don't want them going to school anymore on an empty stomach. Thank you. Oh, it's cheaper to keeper. Welcome home.

When plaintiff returned home, she noticed additional shattered glass on the floor. When she went upstairs, she found the lock to the master bedroom door had been removed and the door itself was broken. Several pieces of furniture in the master bedroom had been turned over and a lamp had been broken. Plaintiff also noticed that defendant had taken a shower in the bathroom in the master bedroom.

After consulting with her attorney, plaintiff contacted the...

To continue reading

FREE SIGN UP