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status:	unpublished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status:	unpublished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 E.E v. J.M.E -- rank: 513

... found defendant committed an act of harassment against her. See N.J.S.A. 2C:33-4 (defining harassment); N.J.S.A. 2C:25-19 (defining ... court apparently relied upon both subsections (a) and (c) of N.J.S.A. 2C:33-4: [A] person commits a petty disorderly persons offense if, with ... in this case, we are mindful that subsection (a) of N.J.S.A. 2C:33-4 is generally focused on the mode of speech employed, and ... a] . . . course of alarming conduct . . . with the purpose to alarm . . . ." N.J.S.A. 2C:33-4(c). In contrast to "repeatedly committed acts," a "course of ...

docket:	a3639-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-07
status:	unpublished
citation:
Document Size:	41589

199 L.R. v. F.C.G -- rank: 513

... with purpose to alarm or seriously annoy such other person. [ N.J.S.A. 2C:33-4(a) to (c).] A-0908-21 10 Conduct will only ...

docket:	a0908-21
court:	NJ Superior Court Appellate Division
decided:	2023-02-27
status:	Unpublished
citation:
Document Size:	30841

200 S.M.M v. J.M.P. -- rank: 513

... We have already identified the elements of an assault. Under N.J.S.A. 2C:33-4, a person commits a petty disorderly persons offense [of harassment ... any crime against the person or the person's property. [ N.J.S.A. 2C:33-4.1(a)(1) to (3).] As already detailed in our ... of fact. Specifically, Joe argues that Sue harassed him under N.J.S.A. 2C:33-4(a) and -4(c). He takes issue with Judge Katz ...

docket:	a2300-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-04
status:	Unpublished
citation:
Document Size:	29842

201 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

202 J.C. v. J.M. -- rank: 513

... had committed an act of domestic violence by harassing plaintiff, N.J.S.A. 2C:33-4, and accordingly, entered a FRO against defendant. Finding the May ... the opportunity to observe the witnesses and determine their credibility"). N.J.S.A. 2C:33-4. The harassment statute provides: [A] person commits a petty disorderly ... with purpose to alarm or seriously annoy such other person. [ N.J.S.A. 2C:33-4.] In State v. Hoffman , 149 N.J. 564 , 576 (1977), our Supreme Court set forth the elements of N.J.S.A. 2C:33-4(a): A violation of subsection (a) requires the following elements ...

docket:	A1178-04
court:	NJ Superior Court Appellate Division
decided:	2006-07-12
status:	unpublished
citation:
Document Size:	39870

203 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

204 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

205 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

206 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

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 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

209 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

210 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