Search Rutgers Law Library N.J. Court Opinions

61 L.H. VS. P.H. -- rank: 583

... the trial court concluded Peter harassed Lisa in violation of N.J.S.A. 2C:33-4. Relying on the videos, it found Peter approached Andy, appeared ... It concluded Peter's actions constituted harassment in violation of N.J.S.A. 2C:33-4(a) and (b) because his aggressive actions, first towards Andy ... in-law, and her nineteen-year-old nephew as 6 N.J.S.A. 2C:33-4(a) 7 N.J.S.A. 2C:33-4(b) A-0577-22 9 protected third parties. It reasoned ... the record. With respect to the predicate act of harassment, N.J.S.A. 2C:33-4 requires the perpetrator act 'with [the] purpose to harass another ... that Peter 'made communication in offensively coarse language,' pursuant to N.J.S.A. 2C:33-4(a), by calling plaintiff stupid was also a legal ...

docket:	a0577-22
court:	appellate
decided:	2024-04-01
status:	Unpublished
citation:
Document Size:	35230

62 S.T.T v. M.T.M -- rank: 583

... July 29, 2019, defendant committed the predicate acts of harassment, N.J.S.A. 2C:33-4(b), and assault, N.J.S.A. 2C:12-1 ... defendant committed the predicate act of harassment in violation of N.J.S.A. 2C:33-4(b) based on the following terse findings: '[F]or the ... 7 established by a preponderance of the evidence pursuant to N.J.S.A. 2C:33- 4[(b)].' The court then evaluated each of the factors in ... or threatened to do so, with a purpose to harass. N.J.S.A. 2C:33-4(b); see also State v. Castagna, 387 N.J. Super ... 598, 607 (App. Div. 2006) (explaining to find harassment under N.J.S.A. 2C:33-4, there must be proof that a defendant's conscious object ...

docket:	a0730-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-19
status:	Unpublished
citation:
Document Size:	24377

63 STATE OF NEW JERSEY v. J.M.H -- rank: 583

... b)(2), and the petty disorderly persons offense of harassment, N.J.S.A. 2C:33-4(a).1 The judge sentenced defendant to 180 days in ... THE TRIAL COURT ERRED IN CONVICTING [DEFENDANT] FOR HARASSMENT UNDER N.J.S.A 2C:33-4(a).[2] II. THE TRIAL COURT ERRED IN CONVICTING [DEFENDANT ... B., 442 N.J. Super. 205, 215 (App. Div. 2015)). N.J.S.A. 2C:33-4(a) provides, 'a person commits a petty disorderly persons offense ... In State v. Hoffman, the Court said a violation of N.J.S.A. 2C:33-4(a) requires proof that: (1) defendant made or caused to ... N.J. 564, 576 (1997).] To sustain a conviction under N.J.S.A. 2C:33-4(a), 'there need only be proof of a single . . . communication ... in 'any other manner likely to cause annoyance or alarm[,]' N.J.S.A. 2C:33-4(a), 'encompass[es] only those types of A-4996- ...

docket:	a4996-17
court:	NJ Superior Court Appellate Division
decided:	2019-11-26
status:	Unpublished
citation:
Document Size:	19327

64 STATE OF NEW JERSEY v. MICHAEL J. WEST -- rank: 583

... of the petty disorderly person's offense of harassment under N.J.S.A. 2C:33-4(a). Defendant argues the State did not present sufficient evidence ... defendant to harassment, a petty disorderly person's offense under N.J.S.A. 2C:33-4(a). In an order dated July 25, 2015, the Hudson ... the municipal court judge considered the elements of harassment under N.J.S.A. 2C:33-4(a) and concluded defendant 'had every right to express his ... municipal court established the elements of harassment as defined in N.J.S.A. 2C:33-4(a), beyond a reasonable doubt. As an intermediate appellate court ... J. at 162). After summarizing the elements of harassment in N.J.S.A. 2C:33-4(a), the Law Division judge did not conduct a de ... defendant raises the following arguments on appeal. POINT I UNDER N.J.S.A. 2C:33-4, THE STATE DID NOT PROVE BEYOND A REASONABLE DOUBT ...

docket:	a5412-15
court:	NJ Superior Court Appellate Division
decided:	2020-01-03
status:	Unpublished
citation:
Document Size:	30579

65 /usr/local/share/www/libweb/collections/courts/appellate/a0898-18.opn.html -- rank: 581

... officer determined that defendant had harassed plaintiff in violation of N.J.S.A. 2C:33- 4 by coming to her school the previous week, and that ... plaintiff met the burden to show harassment in violation of N.J.S.A. 2C:33-4.3 He concluded defendant's 'communications and conduct . . . were clearly ... 3 While Judge Hughes did not specify which subsection of N.J.S.A. 2C:33- -4 he relied upon in making his decision, we glean from ... that defendant committed the predicate act of harassment. Pursuant to N.J.S.A. 2C:33-4, 'a person commits a petty disorderly persons offense of harassment ... to harass another' is a necessary element of harassment. See N.J.S.A. 2C:33-4; see also J.D., 207 N.J. at 487 (stating ... purpose to alarm or seriously annoy' plaintiff in violation of N.J.S.A. 2C:33-4(c). For similar reasons, we disagree with defendant's ...

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66 E.K. v. B.B. -- rank: 581

... preponderance of evidence, that defendant purposefully engaged in harassment under N.J.S.A. 2C:33-4, a predicate offense under N.J.S.A. 2C:25 ... the court only found the predicate act of harassment, under N.J.S.A. 2C:33-4, based on the harassing communications which were well-supported by ... he or she commits, among other things, harassment pursuant to N.J.S.A. 2C:33-4. N.J.S.A. 2C:19-(a)(13). The statute ... with purpose to alarm or seriously annoy such other person. [N.J.S.A. 2C:33-4.] In applying this statute, 'the words and phrases used by ... 0161-18T1 11 In determining whether a defendant has violated N.J.S.A. 2C:33-4(a) (subsection (a)) courts must focus on the mode of ...

docket:	a0161-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-09
status:	Unpublished
citation:
Document Size:	26332

67 O.S.N v. C.M.N -- rank: 578

... N.J.S.A. 2C:12-1 and harassment under N.J.S.A. 2C:33-4. The PDVA allows the trial court to dissolve or modify ...

docket:	a4605-18
court:	NJ Superior Court Appellate Division
decided:	2020-09-22
status:	Unpublished
citation:
Document Size:	23238

68 N.G v. J.P. -- rank: 578

... s conduct constituted harassment and stalking within the meaning of N.J.S.A. 2C:33-4 and 2C:12-10(b), respectively. We reject defendant's ... with purpose to alarm or seriously annoy such other person. [ N.J.S.A. 2C:33-4.] The subsections of the harassment statute are "free-standing, because ... 577. Three elements are necessary to establish harassment proscribed by N.J.S.A. 2C:33-4(a): (1) defendant made or caused to be made a ...

docket:	a3247-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-18
status:	published
citation:	426 N.J. Super. 398 45 A.3d 371
Document Size:	69957

69 K.G v. R.G -- rank: 578

... in rendering its decision. Defendant assumes the court relied on N.J.S.A. 2C:33-4(c) and argues his uninvited presence on plaintiff's property ... had a history of going to defendant's home uninvited. N.J.S.A. 2C:33-4 provides: A-2221-21 13 [A] person commits a petty ... annoy such other person. For a finding of harassment under N.J.S.A. 2C:33-4, the actor must have the purpose to harass. Corrente v ... The court's factual findings show it found harassment under N.J.S.A. 2C:33-4(a). Under subsection (a), the court must find: (1) [D ... determine defendant engaged in a 'course of alarming conduct' under N.J.S.A. 2C:33-4(c). Rather, the trial court's findings were consistent with harassment under N.J.S.A. 2C:33-4(a). We are satisfied the court did not err ...

docket:	a2221-21
court:	NJ Superior Court Appellate Division
decided:	2023-02-02
status:	Unpublished
citation:
Document Size:	31377

70 N.M.R v. A.L -- rank: 578

... order (TRO) against defendant for the predicate acts of harassment, N.J.S.A. 2C:33-4, and cyber-harassment, N.J.S.A. 2C:33-4.1.3 An FRO hearing was conducted on December 4 ... the evidence that plaintiff committed the predicate acts of harassment, N.J.S.A. 2C:33-4(c), and cyber- harassment, N.J.S.A. 2C:33-4.1(a)(2). For the harassment charge, the court found ... with purpose to alarm or seriously annoy such other person.' N.J.S.A. 2C:33-4(c). In evaluating a defendant's intent, a judge is ... violation of the cyber-harassment statute. The harassment finding under N.J.S.A. 2C:33-4(c), and the finding there was a need to ...

docket:	a1957-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-15
status:	Unpublished
citation:
Document Size:	23600

71 M.C.K v. A.D -- rank: 576

... CONTRAVENE SETTLED LAW. 1. The Trial Court's Findings Under N.J.S.A. 2C:33-4(a) and (c) are Unsupported. 2. The Trial Court's N.J.S.A. 2C:33-4(b) Findings are unsupported. XI. THE CUSTODY-VIOLATING PROVISIONS OF ... it originated or at the place where it was received. [N.J.S.A. 2C:33-4.] In evaluating a defendant's intent, a judge is entitled ... of the evidence that defendant harassed her, as defined by N.J.S.A. 2C:33-4. On remand, the FRO hearing shall be conducted by a ...

docket:	a1209-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-11
status:	Unpublished
citation:
Document Size:	29267

72 D.L.J.-O v. J.J.O -- rank: 576

... complaint, plaintiff alleged that defendant committed an act of harassment, N.J.S.A. 2C:33-4, by kicking her in the leg and throwing a bag ... N.J. Super. 534 , 541-42 (App. Div. 2006). Harassment, N.J.S.A. 2C:33-4, is one of the predicate offenses. N.J.S.A ... 484-88. The essential elements of harassment are stated in N.J.S.A. 2C:33-4 as follows: [A] person commits a petty disorderly persons offense ... proof that conduct specified in subsections a through c of N.J.S.A. 2C:33-4 is undertaken with "purpose to harass" the plaintiff, there is ... purpose to harass, there can be no finding of harassment. N.J.S.A. 2C:33-4. We are equally certain that the actions the judge found do not fall within subsections a through c of N.J.S.A. 2C:33-4. Accordingly, we reverse. III Our decision to reverse the ...

docket:	a3256-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-29
status:	unpublished
citation:
Document Size:	31943

73 STATE V. RICHARD STORM -- rank: 574

... J.S.A. 2C:12-10b, and harassment, contrary to N.J.S.A. 2C:33-4. After the Law Division denied Storm's motion for leave ...

docket:	a-150-94
court:	njsupreme
decided:	1995-07-17
status:
citation:	141 N.J. 245
Document Size:	34281

74 J.R.M v. S.A.M -- rank: 574

... finding that defendant had committed the predicate act of harassment, N.J.S.A. 2C:33-4(c), by following plaintiff and taking pictures of him, his ... domestic violence. Here, the judge considered whether plaintiff proved harassment, N.J.S.A. 2C:33-4(c), a predicate act under the PDVA. N.J.S ... with purpose to alarm or seriously annoy such other person.' N.J.S.A. 2C:33-4(c). A finding of harassment requires proof the defendant acted ... the improper purpose.' J.D., 207 N.J. at 487. N.J.S.A. 2C:33-4(c) 'was never intended to protect against the common stresses ... J. at 580-81, '[t]hat the primary thrust of N.J.S.A. 2C:33-4(c) is not to interdict speech, but rather conduct . . . .' Id ...

docket:	a5938-17
court:	NJ Superior Court Appellate Division
decided:	2019-10-15
status:	Unpublished
citation:
Document Size:	29478

75 A.N. v. W.D. -- rank: 574

... S.A. 2C:25-17 to -35, based on harassment, N.J.S.A. 2C:33-4(a). We affirm. We derive the following facts from the ... fear of her safety. The judge concluded that defendant violated N.J.S.A. 2C:33-4(a) by making a communication in offensively coarse language, or ... N.J.S.A. 2C:25-19(a). Harassment under N.J.S.A. 2C:33-4 is among the fourteen predicate offenses that, if proven, may ... or any other manner likely to cause annoyance or alarm[.]" N.J.S.A. 2C:33-4(a). To establish harassment under N.J.S.A. 2C:33-4(a), the plaintiff must prove that "(1) defendant made or ... not negate the defendant's "intent to harass" pursuant to N.J.S.A. 2C:33-4(a). C.M.F. , supra , 418 N.J. Super. ...

docket:	a0493-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-20
status:	unpublished
citation:
Document Size:	24206