Search Rutgers Law Library N.J. Court Opinions

76 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status:	Unpublished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

77 C.C. v. I.C -- rank: 572

... that defendant intended to harass plaintiff within the meaning of N.J.S.A. 2C:33-4 and 2C:25-19(a)(13). Instead, defendant maintains the ... preponderance of the credible evidence the predicate acts of harassment, N.J.S.A. 2C:33-4(a) and (c) and N.J.S.A. 2C:25 ... acts of domestic violence, which include harassment as defined by N.J.S.A. 2C:33-4. N.J.S.A. 2C:25-19(a). Pertinent to this appeal, N.J.S.A. 2C:33-4 provides: [A] person commits a petty disorderly persons offense if ... In the present matter, the trial judge concluded defendant violated N.J.S.A. 2C:33-4(a) by 'threat[ening] to call the police, phone calls ...

docket:	a0771-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-16
status:	Unpublished
citation:
Document Size:	31946

78 A.B v. L.S.M -- rank: 572

... restraining order (FRO) against him that was based upon harassment, N.J.S.A. 2C:33-4(a) and (c). For the reasons that follow, we do ... the evidence sufficient to support a finding of harassment under N.J.S.A. 2C:33-4(a) but affirm the entry of the order based upon N.J.S.A. 2C:33-4(c). The parties lived together for approximately four years and ... court concluded that defendant had committed acts of harassment under N.J.S.A. 2C:33-4(a) and (c) and entered an FRO. In this appeal ... of justice." E.P. , supra , 196 N.J. at 104. N.J.S.A. 2C:33-4 states, in pertinent part: [A] person commits a petty disorderly ... degree of purpose, "to alarm or seriously annoy." See ibid. N.J.S.A. 2C:33-4(a) criminalizes speech that invades one's privacy by " ...

docket:	a0223-10
court:	NJ Superior Court Appellate Division
decided:	2011-03-15
status:	unpublished
citation:
Document Size:	23036

79 C.C. v. J.A.H. -- rank: 572

... 3 The criminal complaint charged defendant with fourth-degree harassment, N.J.S.A. 2C:33-4(e), alleging he was serving a probationary term for a ... a dating relationship. The judge concluded defendant had committed harassment, N.J.S.A. 2C:33-4, a predicate 4 According to the detective, local police were ... we note the judge did not specify the section of N.J.S.A. 2C:33-4 defendant violated. In our view, defendant's incessant text messages ... with the 'purpose to alarm or seriously annoy [plaintiff]' under N.J.S.A. 2C:33-4(c). Seemingly, the thrust of defendant's argument is that ...

docket:	a4425-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-04
status:	Published
citation:
Document Size:	36345

80 STATE OF NEW JERSEY v. WILLIAM P. DUNCAN -- rank: 572

... POLICE DEPARTMENT DOES NOT CONSTITUTE “HARASSMENT” WITHIN THE MEANING OF N.J.S.A. [] 2C:33-4     A. Mere Use of Coarse Language Does Not     Constitute the ... not made in any of the proscribed manners listed in N.J.S.A. [] 2C:33-4     B. There Is No Evidence on This Record to Establish ... evidence "a purpose to harass another" within the meaning of N.J.S.A. 2C:33-4. Accordingly, because we are satisfied the record does not support ... or any other manner likely to cause annoyance or alarm. [ N.J.S.A. 2C:33-4 (emphasis added).] In State v. Hoffman , our Supreme Court held ... a purpose to harass. He stated in the sections [of N.J.S.A. 2C:33-4] we note initially that the offense is directed at the ...

docket:	a6705-03
court:	njappellate
decided:	2005-04-14
status:	published
citation:	376 N.J. Super. 253
Document Size:	30796

81 L.T v. T.C -- rank: 572

... defendant committed acts of harassment and stalking against her. See N.J.S.A. 2C:33-4 (defining harassment); N.J.S.A. 2C:12-10 (defining ... with purpose to alarm or seriously annoy such other person. [ N.J.S.A. 2C:33-4.] In applying the statute, "harass" must be given its ordinary ... information about their daughter's academic performance. Subsection (a) of N.J.S.A. 2C:33-4 is generally focused on the mode of speech employed, and ... 149 N.J. at 583-84. The "catchall provision of N.J.S.A. 2C:33-4(a)," which prohibits communications made in "any other manner likely ... to, and in fact, did cause annoyance and alarm. See N.J.S.A. 2C:33-4(a). Also, defendant's unwelcome attempt to embrace plaintiff, despite ... he leave, constituted an attempt to engage in offensive touching. N.J.S.A. 2C:33-4(b). Inasmuch as the court failed to address adequately ...

docket:	a2590-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-01-27
status:	Published
citation:
Document Size:	38373

82 E.W.J.J.,1 v. B.S.L.P -- rank: 572

... S.A. 2C:25-17 to -35, based on harassment, N.J.S.A. 2C:33-4. The parties previously had a dating relationship and lived together ... and 'were made with the purpose to harass' plaintiff under N.J.S.A. 2C:33-4 and State v. Hoffman, 149 N.J. 564, 580-81 ... in finding she committed the predicate act of harassment under N.J.S.A. 2C:33-4(c). We agree. A-2520-21 12 Our review of ... J.S.A. 2C:25-19(a), which incorporates harassment, N.J.S.A. 2C:33-4, as conduct constituting domestic violence. Id. at 125-26. The ... defendant sent the text messages with the intent to harass. N.J.S.A. 2C:33- -4. Based on our careful review of the record, we conclude ...

docket:	a2520-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-25
status:	Unpublished
citation:
Document Size:	37518

83 L.P. v. R.B. -- rank: 572

... defendant guilty of the lesser-included offense of harassment under N.J.S.A. 2C:33-4. The A-3989-16T2 9 judge noted that the statute ... 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:	a3989-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-24
status:	Unpublished
citation:
Document Size:	28048

84 S.A v. M.W -- rank: 572

... the court's findings regarding predicate acts of harassment under N.J.S.A. 2C:33-4 (b) and (c), as well as terroristic threats, N.J ... on the finding of the predicate act of harassment under N.J.S.A. 2C:33-4 (a) and remand for clarification of the order regarding the ... The judge found defendant's conduct violated the harassment statute, N.J.S.A. 2C:33-4(a), (b), and (c). Furthermore, the judge found defendant violated ... with purpose to alarm or seriously annoy such other person. [N.J.S.A. 2C:33-4.] To support a finding under subsection (a), 'there need only ... of the court adequately establish the elements of harassment under N.J.S.A. 2C:33-4(a). We agree with defendant the record does not support ... or other offensive touching, or threaten[ed] to do so.' N.J.S.A. 2C:33-4(b). The judge found even though defendant did not ...

docket:	a4086-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-31
status:
citation:
Document Size:	31624

85 M.H. v. J.F.H. -- rank: 569

... S.A. 2C:25-17 to -35, based on harassment, N.J.S.A. 2C:33-4(a). We affirm in part, reverse in part and remand ... the children's presence, constituted a pattern of harassment under N.J.S.A. 2C:33-4(a). The judge also found that a FRO was needed ... 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 a defendant's intent to harass pursuant to N.J.S.A. 2C:33-4(a). C.M.F. , supra , 418 N.J. Super. ...

docket:	a2329-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-16
status:	unpublished
citation:
Document Size:	20014

86 /usr/local/share/www/libweb/collections/courts/appellate/a3436-18.opn.html -- rank: 567

... FINDING THAT DEFENDANT COMMITTED THE PREDICATE ACT OF HARASSMENT UNDER N.J.S.A. 2C:33-4(b). II. EVEN IF THE PREDICATE ACT OF HARASSMENT WAS ... J.S.A. 2C:25- 19(a)(2), and harassment, N.J.S.A. 2C:33-4; N.J.S.A. 2C:25-19(a)(13). Plaintiff ... defendant committed an act of harassment by offensive touching. See N.J.S.A. 2C:33-4(b). Relevant here, subsection (b) provides that a person commits ... argument on appeal that the record supports a violation of N.J.S.A. 2C:33-4(c), proscribing 'any other course of alarming conduct or of ... s findings of fact supporting its conclusion that defendant violated N.J.S.A. 2C:33-4 are insufficient for effective appellate review. We therefore vacate the ...

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87 /usr/local/share/www/libweb/collections/courts/appellate/a5220-18.opn.html -- rank: 567

... N.J.S.A. 2C:25-19(a)(13) and N.J.S.A. 2C:33-4(a) and (c). On appeal, defendant argues that there was ... her house was sufficient to establish the predicate act under N.J.S.A. 2C:33-4(a) when considered in the context of the defendant's ... plaintiff proved that defendant committed acts of harassment under both N.J.S.A. 2C:33- 4(a) and (c). The court then considered whether an FRO ... with purpose to alarm or seriously annoy such other person.' N.J.S.A. 2C:33-4(a) to (c). Harassment requires the defendant to act with ... own were insufficient to meet the requirements of harassment under N.J.S.A. 2C:33-4(c). There, we found 'absolutely no history of threats, harassment ... with the intent 'to alarm or seriously annoy another'' under N.J.S.A. 2C:33-4(c). A-5220-18T1 18 Defendant also argues that ...

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88 B.K. v. R.G. -- rank: 565

... that defendant had committed acts of domestic violence, specifically harassment, N.J.S.A. 2C:33-4, by verbally harassing her during an October 10, 2016 phone ... that defendant committed the predicate act of harassment, pursuant to N.J.S.A. 2C:33-4, based on the 'communications that defendant put out there on ... judge's finding that defendant committed acts of harassment under N.J.S.A. 2C:33-4(a) and (c). A person commits the offense of harassment ... with purpose to alarm or seriously annoy such other person. [ N.J.S.A. 2C:33-4(a), (c).] Harassment requires that the defendant act with the ...

docket:	a1912-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-04
status:	unpublished
citation:
Document Size:	62226

89 H.E.S. v. J.C.S. -- rank: 565

... process, that he had committed both harassment in violation of N.J.S.A. 2C:33-4 and stalking in violation of N.J.S.A. 2C ... J.S.A. 2C:12-10, but not harassment under N.J.S.A. 2C:33-4. H.E.S. , supra , 349 N.J. Super. at 336 ...

docket:	a-132-01
court:	njsupreme
decided:	2003-02-06
status:
citation:	175 N.J. 309
Document Size:	64347

90 A.M.C. v. P.B. -- rank: 565

... assault, N.J.S.A. 2C:12-1, and harassment, N.J.S.A. 2C:33-4. The Family Part considered plaintiff's ex parte application, as ... he or she engages in the predicate acts of harassment, N.J.S.A. 2C:33-4, or stalking, N.J.S.A. 2C:12-10, 9 ...

docket:	a4730-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-21
status:	published
citation:	447 N.J.Super. 402 148 A.3d 754
Document Size:	68258