Search Rutgers Law Library N.J. Court Opinions

196 E.P. v. J.R.T. -- rank: 513

... defendant committed the predicate act of harassment in violation of N.J.S.A. 2C:33-4. The complaint alleged that defendant called her on March 18 ... the consent order constituted the predicate act of harassment under N.J.S.A. 2C:33-4 and that, based upon the prior incidents of domestic violence ... that plaintiff had proven the predicate offense of harassment under N.J.S.A. 2C:33-4. We disagree. We defer to the factual findings of a ... N.J. Super. 112 , 125 (App. Div. 2006). Harassment under N.J.S.A. 2C:33-4, is one of the predicate acts of domestic violence under ... with purpose to alarm or seriously annoy such other person. [ N.J.S.A. 2C:33-4.] When evaluating a claim of harassment, "courts must consider the ... with a purpose to cause plaintiff serious annoyance or alarm. N.J.S.A. 2C:33-4(a) and (c). See Hoffman , supra , 149 N.J. ...

docket:	a4625-13
court:	NJ Superior Court Appellate Division
decided:	2016-07-21
status:	unpublished
citation:
Document Size:	38038

197 STATE OF NEW JERSEY v. SARA CHAMOUN -- rank: 513

... de novo conviction for harassment as a petty disorderly offense, N.J.S.A. 2C:33-4(a). We affirm. I. We discern the following facts from ... and issued defendant a summons for harassment in violation of N.J.S.A. 2C:33-4(a). A trial was held in the municipal court on ... judge rejected defendant's argument, found defendant guilty of violating N.J.S.A. 2C:33-4(a), and imposed the same sentence as the municipal court ... or any other manner likely to cause annoyance or alarm[.]" N.J.S.A. 2C:33-4(a). Our Supreme Court has stated that a violation of N.J.S.A. 2C:33-4(a) requires the following elements: (1) defendant made or caused ... finding that defendant committed the act of harassment pursuant to N.J.S.A. 2C:33-4(a). It is undisputed that defendant was previously engaged ...

docket:	a2079-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-07
status:	unpublished
citation:
Document Size:	17947

198 J.A.M. v. M.L.S. -- rank: 513

... FRO itself does not include a finding of harassment under N.J.S.A. 2C:33-4, and does not premise the restraints on the predicate offense ... brief does not challenge the amendment. A-4466-17T3 3 [ N.J.S.A. 2C:33-4.1(a)(1), (2).] To put the appeal in context ... that defendant's course of conduct constituted cyber-harassment under N.J.S.A. 2C:33-4.1. The judge found that defendant threatened to inflict physical ... 2017) (contrasting the 'loosely worded language' of the harassment statute, N.J.S.A. 2C:33-4(c), with the more 'precise and exacting standard' contained in the cyber-harassment statute, N.J.S.A. 2C:33-4.1). Except as addressed below, defendant's contentions do not ...

docket:	a4466-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-14
status:	Unpublished
citation:
Document Size:	18995

199 M.K.,1 v. Q.E -- rank: 511

... defendant's conduct constituted the predicate act of harassment under N.J.S.A. 2C:33-4(a) and (c). Judge DeCastro concluded defendant's communications 'were ... with purpose to alarm or seriously annoy such other person. [ N.J.S.A. 2C:33-4(a) to (c).] Harassment requires the defendant act with the ... plaintiff and were sent with the purpose to annoy her. N.J.S.A. 2C:33-4(a) and (c). In fact, defendant admitted he sent the ...

docket:	a0618-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-10
status:	Unpublished
citation:
Document Size:	28590

200 LUZ LAYTEN v. CRAIG SMITH -- rank: 511

... The Family Part judge did not specify the subsection of N.J.S.A. 2C:33-4 he found to have been violated and did not make ... 3, but did constitute an act of harassment contrary to N.J.S.A. 2C:33-4, which triggered a conclusion that plaintiff was entitled to an ... that he committed an act of harassment as defined by N.J.S.A. 2C:33-4 and that the judge failed to make any finding as ... the specified criminal acts is "harassment" in viola­tion of N.J.S.A. 2C:33-4, which is the only specified act found to have been ... with purpose to alarm or seriously annoy such other person. [ N.J.S.A. 2C:33-4 (emphasis added).] Each statutory subsection is "free-standing, because each ...

docket:	a0724-08
court:	NJ Superior Court Appellate Division
decided:	2009-06-23
status:	unpublished
citation:
Document Size:	48604

201 M.G v. M.G -- rank: 511

... conduct did not "support a physical danger," it constituted harassment, N.J.S.A. 2C:33-4, because it "demonstrate[d] a purpose to annoy or alarm ... J.S.A. 2C:25-19(a), which incorporates harassment, N.J.S.A. 2C:33-4, as conduct constituting domestic violence. Silver v. Silver , 387 N ... at 405). Plaintiff's allegations in this case fell under N.J.S.A. 2C:33-4(c), which provides that a person commits harassment "if, with ... defendant engaged in the course of conduct necessary to satisfy N.J.S.A. 2C:33-4(c) and thereby committed an act of domestic violence. See ...

docket:	a2648-14
court:	NJ Superior Court Appellate Division
decided:	2016-06-07
status:	unpublished
citation:
Document Size:	26034

202 E.M v. E.W -- rank: 511

... J.S.A. 2C:25-19a(13), as defined in N.J.S.A. 2C:33-4. We agree and reverse. We discern the following facts from ... case alleged harassment as the predicate act of domestic violence. N.J.S.A. 2C:33-4 defines harassment, in relevant part, as follows: [A] person commits ... of a purpose to harass is an essential element of N.J.S.A. 2C:33-4. See L.D. v. W.D. , 327 N.J. Super ... However, that act does not constitute harassment as defined in N.J.S.A. 2C:33-4. Because the record developed by plaintiff at trial does not ...

docket:	a4817-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-07-14
status:	Published
citation:
Document Size:	33757

203 V.D. v. K.O. -- rank: 511

... threats, N.J.S.A. 2C:12-3, and harassment, N.J.S.A. 2C:33-4. The TRO alleged domestic violence due to a September 4 ... communication in a "manner likely to cause annoyance or alarm[.]" N.J.S.A. 2C:33-4(a). "A finding of a purpose to harass may be ... defendant's communication on September 4, 2012, was harassment under N.J.S.A. 2C:33-4(a). The record also supports a finding of the predicate ...

docket:	a1425-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-14
status:	unpublished
citation:
Document Size:	29101

204 D.L.K v. G.D -- rank: 511

... complaint alleging G.D. committed the predicate act of harassment, N.J.S.A. 2C:33-4(c), by threatening her during the telephone call. The complaint ...

docket:	a3770-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-27
status:	Unpublished
citation:
Document Size:	18535

205 STATE OF NEW JERSEY v. J.S.C. -- rank: 511

... counts; and found him guilty of petty-disorderly-persons harassment, N.J.S.A. 2C:33-4(a), as a lesser-included offense of terroristic threats. On ...

docket:	a3534-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-27
status:	Unpublished
citation:
Document Size:	36875

206 STATE OF NEW JERSEY v. GERARD L. BROWN -- rank: 511

... 28, 2020 judgment of conviction, finding him guilty of harassment, N.J.S.A. 2C:33-4(a). Because defendant did not receive notice of the harassment ... the charge against defendant to 'a lesser charge of harassment . . . N.J.S.A. 2C:33-4(a).' However, the State never charged defendant with harassment. In ... ERRED IN SUA SPONTE AMENDING THE CHARGE TO HARASSMENT UNDER N.J.S.A. 2C:33-4(a) DEPRIVING DEFENDANT OF PROCEDURAL DUE PROCESS UNDER THE STATE ... IN THE RECORD IS INSUFFICIENT TO SUPPORT A CONVICTION UNDER N.J.S.A. 2C:33-4(a). (Not Raised Below). A. Insufficient Evidence in the Record ...

docket:	a3214-19
court:	NJ Superior Court Appellate Division
decided:	2021-05-04
status:	Unpublished
citation:
Document Size:	16107

207 /usr/local/share/www/libweb/collections/courts/appellate/a2761-20.opn.html -- rank: 511

... that plaintiff proved defendant committed the predicate act of harassment, N.J.S.A. 2C:33-4, and that a restraining order was necessary to protect plaintiff ... determined that defendant committed the predicate act of harassment. Under N.J.S.A. 2C:33-4, a person commits a petty disorderly persons offense [of harassment ... the elements of harassment under subsections (a) and (c). See N.J.S.A. 2C:33-4(a) and (c). Under the totality of the circumstances, and ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	34238

208 M.A.D v. B.L.D -- rank: 508

... incredible testimony, that defendant committed a predicate act of harassment, N.J.S.A. 2C:33-4, or assault, N.J.S.A. 2C:12-1 in ...

docket:	a0122-21
court:	NJ Superior Court Appellate Division
decided:	2022-12-05
status:	Unpublished
citation:
Document Size:	50091

209 L.M.F v. J.A.F JR -- rank: 508

... defendant's former wife, plaintiff L.M.F, alleging harassment, N.J.S.A. 2C:33-4(a), as the predicate offense for the injunctive relief sought ... law, to prove the offense of harassment as defined in N.J.S.A. 2C:33-4(a). I The parties married in 1989 and divorced in ... defendant's conduct. After reciting the elements of harassment under N.J.S.A. 2C:33-4, the court stated: I do find harassment in this matter ... now address the issues presented by defendant in this appeal. N.J.S.A. 2C:33-4 defines the petty disorderly offense of harassment as follows: [A ... occurred here, however, was not harassment within the meaning of N.J.S.A. 2C:33-4 because the trial court did not find, and the evidence ...

docket:	a0121-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-22
status:	published
citation:	421 N.J. Super. 523 24 A.3d 849
Document Size:	58473

210 J.C.G. v. C.A -- rank: 508

... 2006) (citations omitted). One such predicate act is harassment under N.J.S.A. 2C:33-4. N.J.S.A. 2C:25-19(a)(13). N.J.S.A. 2C:33-4 encompasses three different forms of the petty disorderly persons offense ... with purpose to alarm or seriously annoy such other person. [N.J.S.A. 2C:33-4.] The intent to harass 'may be inferred from the evidence ... fits almost perfectly into the definition for 'harassment' outlined in N.J.S.A. 2C:33-4(a). In addition, defendant's voicemails using shockingly coarse language ... the day falls squarely within the definition of 'harassment' under N.J.S.A. 2C:33-4(a). Moreover, the record amply supports the trial court's ... with purpose to alarm or seriously annoy such other person.' N.J.S.A. 2C:33-4(c). As plaintiff testified, defendant began to show up ...

docket:	a0495-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-11
status:	Unpublished
citation:
Document Size:	16165