N.G. v. J.P.

45 A.3d 371, 426 N.J. Super. 398, 2012 WL 2196341, 2012 N.J. Super. LEXIS 97
CourtNew Jersey Superior Court Appellate Division
DecidedJune 18, 2012
StatusPublished
Cited by16 cases

This text of 45 A.3d 371 (N.G. v. J.P.) 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
N.G. v. J.P., 45 A.3d 371, 426 N.J. Super. 398, 2012 WL 2196341, 2012 N.J. Super. LEXIS 97 (N.J. Ct. App. 2012).

Opinion

The opinion of the court was delivered by

BAXTER, J.A.D.

Defendant J.P. appeals from the issuance of a final restraining order (FRO) against him under the Prevention of Domestic Violence Act of 1991 (the Act), N.J.S.A. 20:25-17 to -35. The parties are adult siblings who have not resided together since 1960, when they were both children. We nonetheless concur in the judge’s determination that the harassment of plaintiff by defendant over the intervening decades — although sporadic — conferred jurisdiction on the Family Part to issue the FRO, in light of the fact that the present incidents arose directly from the parties’ acrimonious family relationship and their status as former household members. We likewise affirm the judge’s finding that defendant’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 defen[403]*403dant’s assertion that the judge was biased and denied him a fair trial. Finally, we affirm the award of attorney’s fees, as such fees are expressly available under the Act, and the judge correctly applied the factors enumerated in Rule 4:42-9(b).

We do, however, agree with defendant that the FRO — which barred him from entering the entire Township of Millburn — failed to give sufficient consideration to defendant’s legitimate need to attend church and visit his physician within the confines of the Township. We remand so that the judge may set precise conditions respecting church attendance and doctor’s visits, but in all other respects, we affirm the ban on defendant’s entering the Township of Millburn.

I.

Defendant J.P. and plaintiff N.G. are siblings. Defendant, who is currently sixty-six years old, has suffered from severe obsessive compulsive disorder since childhood and felt abandoned by his family at a young age. His animosity toward his family intensified when, during his teenage years, his parents secured his involuntary commitment to a psychiatric hospital. Defendant harbored a deep resentment of plaintiff and the parties’ mother, B.P., as evidenced by his references to his family as a “cesspool” of human beings and “scum.” He acknowledged that he curses the day he was born into his family.

Plaintiff and defendant last lived together in 1960 when she was ten years old and he was fifteen years old. The record contains testimony describing confrontations between plaintiff and defendant in the 1960s as well as in the late 1980s. According to plaintiff, in the 1960s, defendant hit her over the head with a baseball bat. In 1989, defendant and another individual confronted plaintiff in a school parking lot after she dropped off a group of kindergarten children, including her daughter, at school. On that occasion, defendant yelled at plaintiff and acted in an aggressive manner, leaving plaintiff shaken. On another occasion in 1989, defendant encountered plaintiff while she was at a local pizzeria, [404]*404picking up pizza for her child’s birthday party. In a “singing” manner, defendant said to her, “I hate your guts, I’m going to get you.”

As a result of those incidents, plaintiff sought, and obtained, an order for preliminary restraints against defendant.1 The May 23, 1989 preliminary restraints barred defendant from contacting plaintiff, disparaging her, trespassing on her property, intruding into her personal life or business affairs, and “conducting any sort of picketing, public protest, sit-in, [or] demonstration” adjacent to plaintiffs residence.

On February 27,1991, less than two years later, a judge entered an FRO prohibiting defendant from coming within four blocks of the residences of both plaintiff and B.P. The FRO was vacated in 1993 as to B.P. as part of a confidential settlement agreement, which was predicated on the condition that defendant cease his behavior toward B.P., and that he undergo psychiatric treatment. Because the 1993 settlement agreement involved only defendant and B.P., it had no effect on the 1991 restraints issued in favor of plaintiff and against defendant.

The record contains no evidence of any conflict between the parties between 1993 and 2010. However, in February 2010, defendant began picketing in front of plaintiffs Millburn residence, and did so on twenty-nine separate occasions from February to July 2010. Nearly every time defendant appeared in front of plaintiffs property, he traveled from one end of her front yard to the other, taming around and going back, repeating the same pattern for as long as three to four hours, even in the rain.

On the twenty-nine occasions that defendant marched back and forth in front of plaintiffs home, he repeatedly stated, “F — 2 you [405]*405G-.......,”3 “Burn in hell,” and “I hope you rot in hell.” He often accompanied these remarks by an obscene gesture in which he raised each of his middle fingers.

On one occasion in May 2010, as plaintiff began driving out of her driveway, she found defendant standing at the end of the driveway, obstructing her vehicle and giving her a “frightening hateful look.” On another occasion, as plaintiffs husband A.G. drove toward their home, defendant “charged” at his ear.

On July 23, 2010, as a result of the incidents in 2010, plaintiff filed a domestic violence complaint against defendant, which resulted in a nine-day trial that began on September 1, and concluded on November 17, 2010.

On September 1, before the trial began, defendant moved for recusal of the judge, alleging that the judge may have been prejudiced by a letter brief submitted by B.P. in a separate action.4 Plaintiff opposed defendant’s recusal motion. Attached to B.P.’s letter brief was a transcript of a July 7, 2010 confrontation between defendant and Millburn Township Police Officer Azzopardi,5 which included defendant’s comments about the municipal court judge who had issued a TRO against defendant at B.P.’s request. The transcript reflected that as Azzopardi approached defendant to serve him with the TRO, defendant began screaming, stating that he would not accept the document and would refuse to obey it. Defendant told Officer Azzopardi that he would “rip up” the TRO and “spit on it.”

Defendant then shouted, “Judge H.,6 drop dead in your f — ing7 black robe,” “Judge H., go f— yourself,” “Go f— your mother, [406]*406Judge H.,” and “Where is your mother buried, Judge H.? I want to spit on her grave.” The Law Division judge denied defendant’s recusal motion.

Plaintiff and her husband testified that they were frightened of defendant and alarmed by his bizarre conduct. Plaintiff described defendant’s picketing in front of her house on the twenty-nine occasions between February and July 2010. She explained that defendant’s behavior caused her to suffer emotional distress and difficulty sleeping. Plaintiff also testified that while she and A.G. were waiting in the courtroom on the return date of B.P.’s TRO, defendant lunged at plaintiff in a threatening manner, forcing a sheriffs officer to physically escort defendant from the courtroom.

Plaintiff was so afraid of what defendant might do that she had even contemplated leaving New Jersey, which would require her to live apart from A.G., who is a licensed professional in New Jersey. A.G. testified that after his mother-in-law died,7

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Bluebook (online)
45 A.3d 371, 426 N.J. Super. 398, 2012 WL 2196341, 2012 N.J. Super. LEXIS 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ng-v-jp-njsuperctappdiv-2012.