B.D. v. A.B.

CourtNew Jersey Superior Court Appellate Division
DecidedFebruary 13, 2026
DocketA-2804-24
StatusUnpublished

This text of B.D. v. A.B. (B.D. v. A.B.) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
B.D. v. A.B., (N.J. Ct. App. 2026).

Opinion

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2804-24

B.D.,1

Plaintiff-Respondent,

v.

A.B.,

Defendant-Appellant. _______________________

Submitted January 27, 2026 – Decided February 13, 2026

Before Judges Firko and Vinci.

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Mercer County, Docket No. FV-11-1101-25.

Jonathan F. Marshall, attorneys for appellant (Brian C. McCauley, on the brief).

Respondent has not filed a brief.

PER CURIAM

1 We use initials to protect the parties' privacy and the confidentiality of these proceedings. R. 1:38-3(d)(10). In this one-sided appeal, defendant A.B. appeals from the March 26, 2025

final restraining order (FRO) entered against him in favor of plaintiff B.D.

pursuant to the Prevention of Domestic Violence Act (Act), N.J.S.A. 2C:25-17

to -35, based on the predicate act of simple assault, N.J.S.A. 2C:12-1(a)(1). The

Family Part judge determined an FRO was necessary to protect plaintiff from

future acts of domestic violence. The parties are unrelated but resided together

at a residence where they shared common areas. We affirm because the judge's

factual findings are supported by substantial credible evidence, and she correctly

applied the law.

I.

The facts were established at the one-day hearing in March 2025. Plaintiff

was represented by counsel and defendant was self-represented. The parties

were the only witnesses who testified. The parties are Polish immigrants. They

utilized the aid of a Polish interpreter at the hearing. Photographs taken of

plaintiff's injuries and a criminal order previously entered against defendant

were moved into evidence.

The parties were housemates and rented out separate rooms in a residence

located in Trenton. Plaintiff acted as the landlord's agent, collecting rent and

utility payments from the tenants. In her complaint, plaintiff alleged that on

A-2804-24 2 February 1, 2025, defendant "purposely and knowingly" struck her left arm with

a closed fist. Plaintiff claimed defendant then kicked her left leg, resulting in

"visible signs of injury" to her left arm, shoulder, and leg, including bruises and

scratches. Plaintiff stated defendant also grabbed her nose with his middle and

pointer fingers and twisted it, causing her nose to bleed.

The following day, February 2, plaintiff filed a domestic violence

complaint and sought the issuance of a temporary restraining order (TRO)

against defendant, which was granted. Defendant was served with the TRO and

arrested on criminal charges related to the incident. The day after obtaining the

TRO, February 3, plaintiff went to the hospital for an examination and treatment.

X-rays were taken of her left arm and leg, she was prescribed pain medication,

and released.

Plaintiff and her attorney appeared at the initial hearing date, which was

scheduled for February 19, 2025, but defendant did not. The FRO hearing was

rescheduled for March 18, 2025. Before proceeding, the judge informed

defendant that he had a right to retain an attorney, what plaintiff was alleging

against him, and what she had to prove. The judge explained the serious

consequences associated with the entry of an FRO. The judge also instructed

defendant that the hearing would be limited to the allegations in the complaint.

A-2804-24 3 The judge asked defendant if he wanted an adjournment in order to retain

an attorney. Defendant told the judge he needed an attorney and requested an

adjournment. The judge granted a one-week adjournment,2 once again, advised

the parties there would be no further adjournments, and rescheduled the matter

on a try or dismiss basis.

Nonetheless, defendant did not retain an attorney. At the FRO hearing,

plaintiff testified defendant moved to the residence in September 2024, when

she had already been residing there. There were three tenants who resided at the

residence, the parties and a man, H.P. On the first day of each month, the parties

would meet in the kitchen to handle the bills.

It is undisputed by the parties that on Saturday night, February 1, 2025,

the parties had an argument over money in the kitchen. Plaintiff testified that

H.P. was not home at the time. Plaintiff testified that she asked defendant to

pay his share of the utilities because he was already behind on payment for the

previous month and owed the landlord $300. According to plaintiff, defendant

advised her he was not going to pay.

2 The judge indicated on the record that the FRO hearing was rescheduled to March 25, 2025 at 1:30 p.m. However, the record indicates the FRO hearing occurred on March 26, 2025. A-2804-24 4 Plaintiff testified the disagreement escalated from an "exchange of words"

to a "brawl." She repeatedly asked defendant why he was not going to pay, and

in response, he attacked her, consistent with the allegations set forth in her

complaint. Plaintiff explained she could not sleep afterwards that night, so a

female friend came over and spent the night with her.

In seeking an FRO, plaintiff testified "I am scared of this man very much

because he attacked me twice. I don't know what else he is going to do to me.

I sometimes pass him in the street." Plaintiff testified she goes to the same stores

and bank as defendant.

The judge permitted defendant to cross-examine plaintiff. In response to

a question as to why plaintiff did not yell or call for help during the incident,

plaintiff testified she "was yelling" and asked him "to stop."

Defendant testified the parties were seated at the kitchen table, but that

the conversation consisted of plaintiff informing him of her intention to raise his

rent and require him to pay a "new" $80 fee for cleaning supplies. In contrast

to plaintiff's testimony, defendant claimed their discussion concluded with him

electing to vacate the premises at the end of the month. Defendant testified he

had no "motive" to "attack" and "beat" plaintiff. When he decided not to pay,

defendant stated he left the table and walked away. Defendant claimed he did

A-2804-24 5 not call H.P. to testify because H.P. was possibly "afraid" and maybe "because

he still lives there." Defendant testified he is "[sixty-eight] years old," "retired,"

and has never been arrested before. Defendant stated he never beat up anyone

before, "especially a woman."

Defendant testified that on the following day, February 2, the parties had

an additional disagreement about finances, and then he "went to [his] room."

Three hours later, he was arrested. Following his testimony, defendant

informally requested an adjournment to call as witnesses the two police officers

who took plaintiff's report of the incident to ascertain if they observed plaintiff's

"blood" or "bruises." The judge denied defendant's request , noting it was his

obligation as a litigant to subpoena third-party witnesses. In addition, the judge

reasoned having the police officers testify on another day was not going to

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