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121 KATHY MCGUIRE v. TOWNSHIP OF WATERFORD -- rank: 545

... 1 of the New Jersey Constitution; and the harassment statute, N.J.S.A. 2C:33-4, alleging that she suffered emotional distress. Plaintiff sought judgment: 1 ... address plaintiff's claim for damages under the harassment statute, N.J.S.A. 2C:33-4 and Article I, Paragraph 1 of the New Jersey Constitution ... to the jury solely on the theory of harassment under N.J.S.A. 2C:33-4. Ibid. A verdict was returned for the plaintiffs. On appeal ... to "leave for another day the decision as to whether N.J.S.A. 2C:33-4 creates a civil cause of action," id. at 203, we ... Aly , we need not decide the issue as to whether N.J.S.A. 2C:33-4 provides a private cause of action for damages because we ... dismissal of plaintiff's claim for damages under OPRA and N.J.S.A. 2C:33-4 is affirmed; plaintiff's claims for a declaratory judgment ...

docket:	A3196-05
court:	NJ Superior Court Appellate Division
decided:	2007-02-28
status:	unpublished
citation:
Document Size:	49985

122 M.D. v. B.P. -- rank: 545

... acknowledged that the predicate act plaintiff alleged was harassment under N.J.S.A. 2C:33-4, and under that statute a person commits an offense when ... one plaintiff alleged in her complaint against defendant, is harassment, N.J.S.A. 2C:33-4. The statute defines harassment in pertinent part as follows: Except ... App. Div.), certif. denied , 111 N.J. 562 (1988). Under N.J.S.A. 2C:33-4(a), "there need only be proof of a single such ... D. , supra , 207 N.J. at 477. A violation of N.J.S.A. 2C:33-4(c) . . ., by contrast, requires proof of a course of conduct ... whether the court found that defendant had committed harassment under N.J.S.A. 2C:33-4(a), (c), or both sub-sections. Although the court summarized ... But the court did not explain whether it found under N.J.S.A. 2C:33-4(a) that the message constituted a communication that was ...

docket:	a4536-11
court:	NJ Superior Court Appellate Division
decided:	2014-08-13
status:	unpublished
citation:
Document Size:	35458

123 STATE OF NEW JERSEY V. BRIAN P. HOFFMAN -- rank: 545

... harass a victim is insufficient to sustain a conviction under N.J.S.A. 2C:33-4. The purpose to harass must be coupled with the performance ... Third New International Dictionary 49 (1993).     In subsection (c) of N.J.S.A. 2C:33-4, the legislature specifically modified the verb "annoy" with the adverb ... reversed two restraining orders issued because of alleged harassment under N.J.S.A. 2C:33-4, there were no prior incidents of domestic violence and no ... S.A. 2C:29-9(b) and harassment contrary to N.J.S.A. 2C:33-4(a). - - This archive is a service of Rutgers School of ...

docket:	a837-93
court:	njappellate
decided:	1996-05-15
status:	published
citation:	290 N.J.Super. 588
Document Size:	36368

124 N.J v. J.J -- rank: 542

... 19(a), namely, an act of harassment as defined by N.J.S.A. 2C:33-4. A person harasses another if he or she "[m]akes ... or any other manner likely to cause annoyance or alarm," N.J.S.A. 2C:33-4(a), or "[e]ngages in any other course of alarming ... with purpose to alarm or seriously annoy such other person," N.J.S.A. 2C:33-4(c). In this regard, the judge credited Nora's testimony ... order can constitute evidence of harassment within the meaning of N.J.S.A. 2C:33-4. See N.B. v. S.K. , 435 N.J. Super ...

docket:	a1920-14
court:	New Jersey Superior Court Appellate Division
decided:	2016-05-05
status:	Published
citation:
Document Size:	48484

125 /usr/local/share/www/libweb/collections/courts/appellate/a3608-19.opn.html -- rank: 542

... s testimony about pulling the mattress away from plaintiff. Citing N.J.S.A. 2C:33-4(a)-(c), counsel asserted plaintiff had established a predicate act ... consider all 'relevant' factors. Defendant also contends the harassment statute, N.J.S.A. 2C:33-4(a) and (c), is unconstitutional, arguing defendant has a constitutional ... can cause great emotional harm and psychological trauma.' Ibid. In N.J.S.A. 2C:33-4, harassment is defined in relevant part as follows: a person ... M.D.F., 207 N.J. 458, 478 (2011) (quoting N.J.S.A. 2C:33-4(c)); see also Peranio v. Peranio, 280 N.J. Super ... possession of a firearm and the purported unconstitutional application of N.J.S.A. 2C:33-4 and 2C:25-28 based on name calling. As we ...

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126 I.S.-P v. L.A.P.-C -- rank: 542

... of domestic violence against his wife, specifically, harassment pursuant to N.J.S.A. 2C:33- 4(a); and, a final restraining order was necessary to protect ... purpose to harass plaintiff, as required by subsection (a) of N.J.S.A. 2C:33-4. I.S.-P. v. L.A.P.-C., No. A ... 12).1 Because the complaint only alleged a violation of N.J.S.A. 2C:33-4 without specifying any subsection of the statute, we remanded the ... with purpose to alarm or seriously annoy such other person.' N.J.S.A. 2C:33-4(c). We directed the 1 Although citing an unpublished opinion ... whether there was a predicate act of domestic violence under N.J.S.A. 2C:33-4(c), and whether an FRO was necessary at the time ... found there was a predicate act of domestic violence under N.J.S.A. 2C:33-4(c). Turning to whether an FRO was necessary, the ...

docket:	a4757-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-22
status:	unpublished
citation:
Document Size:	20867

127 L.A.1 v. A.A.E -- rank: 542

... court judge concluded defendant committed the predicate act of harassment, N.J.S.A. 2C:33-4(c), and granted plaintiff's request for a temporary restraining ... 27 (2006). A-2724-20 8 of harassment. Relying on N.J.S.A. 2C:33-4 and State v. Castagna, 387 N.J. Super. 598, 605 ... with purpose to alarm or seriously annoy such other person. [N.J.S.A. 2C:33-4.] A-2724-20 20 The phrase 'to alarm or seriously ... judge's conclusion that defendant harassed plaintiff, as defined under N.J.S.A. 2C:33-4, was based upon substantial, credible evidence in the record. That ... and in a 'manner likely to cause annoyance or alarm . . . .' N.J.S.A. 2C:33-4(a). Plaintiff testified, and the text messages show, that defendant ...

docket:	a2724-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-26
status:	Unpublished
citation:
Document Size:	47343

128 /usr/local/share/www/libweb/collections/courts/appellate/a0899-12xx.opn.html -- rank: 540

... trial judge compared plaintiff's allegations with the provisions of N.J.S.A. 2C:33-4(a), which declares that "a person commits a petty disorderly ... offensively coarse language." 7 In considering the final phrase of N.J.S.A. 2C:33-4(a), the judge rejected plaintiff's argument that the June ... seriously annoy[ing]," and made with the purpose to harass, N.J.S.A. 2C:33-4(c), plaintiff sought admission of the prior orders and evidence ...

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court:	NJ Superior Court Law/Chancery Division
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129 N.B. v. S.K. -- rank: 540

... trial judge compared plaintiff's allegations with the provisions of N.J.S.A. 2C:33-4(a), which declares that "a person commits a petty disorderly ... offensively coarse language." 7 In considering the final phrase of N.J.S.A. 2C:33-4(a), the judge rejected plaintiff's argument that the June ... seriously annoy[ing]," and made with the purpose to harass, N.J.S.A. 2C:33-4(c), plaintiff sought admission of the prior orders and evidence ...

docket:	a0898-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-24
status:	published
citation:
Document Size:	41409

130 STATE OF NEW JERSEY v. JOHN A. WISNOSKI -- rank: 540

... brief). PER CURIAM Defendant appeals from his convictions for harassment, N.J.S.A. 2C:33-4(b), and defiant trespass, N.J.S.A. 2C:18 ... s complaint, resulting in the following charges against defendant: harassment, N.J.S.A. 2C:33-4(b) and (c), and defiant trespass, N.J.S.A ... The judge found defendant guilty of two counts of harassment, N.J.S.A. 2C:33-4(b) and (c), and two counts of defiant trespass, N ... a result, defendant was convicted of one count of harassment, N.J.S.A. 2C:33-4(b), and two counts of defiant trespass, N.J.S ... 39 , 45 (2011). The July harassment charge was based upon N.J.S.A. 2C:33-4(b), which provides a person commits a petty disorderly persons ... defense motion and dismissed the charge of harassment based upon N.J.S.A. 2C:33-4(b) regarding the January 2013 incident. 4 Although the ...

docket:	a5359-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-01
status:	Published
citation:
Document Size:	28205

131 M.R v. G.A. -- rank: 540

... finding that there had been an act of harassment under N.J.S.A. 2C:33-4, and (3) entering an FRO even assuming there had been ... Mary alleged that George engaged in harassment, as defined in N.J.S.A. 2C:33-4. That statute defines harassment, in relevant part, as follows: [A ... committed an act prohibited by subsection (a) or (c) of N.J.S.A. 2C:33-4. Cannel, New Jersey Criminal Code Annotated , comment 3 on N.J.S.A. 2C:33-4 (2012). George maintains that the trial judge erred in finding ... 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 ...

docket:	a5625-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-31
status:	unpublished
citation:
Document Size:	21636

132 L.S. v. J.P. -- rank: 538

... judge determined that defendant's conduct constituted harassment under both N.J.S.A. 2C:33-4(a) and (c). Id. at 3. As we noted in ... Thus, the judge again determined that defendant harassed plaintiff under N.J.S.A. 2C:33-4(a) and (c) and that an FRO was needed to ... assault, N.J.S.A. 2C:12-1, and harassment, N.J.S.A. 2C:33-4, as conduct constituting domestic violence. Id. at 125-26. The ... s comprehensive written opinion. We add the following brief comments. 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 ... in a "manner likely to cause annoyance or alarm" under N.J.S.A. 2C:33-4(a). As fully detailed in the judge's decision, ...

docket:	a2149-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-19
status:	unpublished
citation:
Document Size:	26762

133 /usr/local/share/www/libweb/collections/courts/appellate/a0448-17.opn.html -- rank: 538

... had committed a predicate act of harassment as defined by N.J.S.A. 2C:33-4. The judge based this decision on its finding that the ... with purpose to alarm or seriously annoy such other person. [N.J.S.A. 2C:33-4.] For a finding of harassment under N.J.S.A. 2C:33-4, the actor must have the purpose to harass. Corrente v ... touching. The record supports the finding of harassment under both N.J.S.A. 2C:33-4(b) and (c). The record also supports the trial court ...

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134 STATE OF NEW JERSEY v. W.C. -- rank: 538

... The complaint alleged defendant committed the predicate act of harassment, N.J.S.A. 2C:33-4, under the PDVA, N.J.S.A. 2C:25-19 ... as to whether defendant committed the predicate act of harassment, N.J.S.A. 2C:33-4, as alleged in the complaint or whether an FRO was ...

docket:	a0800-20
court:	NJ Superior Court Appellate Division
decided:	2021-06-24
status:	Published
citation:
Document Size:	52495

135 D.F v. J.S. -- rank: 538

... 2C:12-1, and engaged in harassment, as defined in N.J.S.A. 2C:33-4. That latter statute, which was the one relied upon by ... and (2) committed an act prohibited by subsection (b) of N.J.S.A. 2C:33-4. Cannel, New Jersey Criminal Code Annotated , comment 3 on N.J.S.A. 2C:33-4 (2012). Proof 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 ... the conduct was an "offensive touching" intended to harass under N.J.S.A. 2C:33-4(b). We also conclude that there was sufficient credible evidence ...

docket:	a5776-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-02
status:	unpublished
citation:
Document Size:	17670