Stevenson v. Stevenson

714 A.2d 986, 314 N.J. Super. 350, 1998 N.J. Super. LEXIS 367
CourtNew Jersey Superior Court Appellate Division
DecidedMarch 13, 1998
StatusPublished
Cited by5 cases

This text of 714 A.2d 986 (Stevenson v. Stevenson) 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
Stevenson v. Stevenson, 714 A.2d 986, 314 N.J. Super. 350, 1998 N.J. Super. LEXIS 367 (N.J. Ct. App. 1998).

Opinion

COOK, J.S.C.

INTRODUCTION

In what appears as a matter of first impression in New Jersey, this case presents the question whether a final restraining order issued under the Prevention of Domestic Violence Act, N.J.S.A 2C:25-17 -33, must be dissolved in all cases where the plaintiff so requests. For the reasons expressed below, this court determines that dissolution of a final restraining order at the request of plaintiff is not mandatory. Rather, dissolution in such cases is at the court’s discretion, and should depend upon a showing of good cause, with an independent finding by the court based upon the facts presented in each case.

FACTUAL AND PROCEDURAL BACKGROUND

On November 6,1997, the parties appeared before this court for a hearing on plaintiffs complaint charging defendant with numerous violations of the Prevention of Domestic Violence Act (the Act). The testimony of plaintiff, the photographic exhibits offered by her counsel, and the graphic appearance at the hearing of the residual effects of the severe physical injuries she suffered, established by a clear preponderance of the evidence that defendant [354]*354was guilty of attempted criminal homicide, aggravated assault, terroristic threats, criminal restraint and burglary, all in violation of the Act. These violations arose from a brutal, sadistic and prolonged attack by defendant on his wife during the late evening and early morning hours of October 29-30, 1997. The uncontroverted facts showed that during a drunken rage,1 defendant beat and tortured his wife so severely that she was critically injured, and had to be medevac’d by emergency helicopter to the Cooper Hospital Trauma Unit in Camden.

Plaintiff, who appeared at the hearing with two black and severely swollen eyes, testified that on the late evening of October 29, 1997, defendant came into the marital bedroom, went into a total rage, punched plaintiff with both fists, held her down with his knees, kicked her in the back and ribs, and continued beating her there for approximately 25, minutes. Defendant then dragged her by her hair down the stairs and out of the house, and shoved her into his van, saying that they were going to go to a friend’s house. Plaintiff was bleeding from her ears, nose and mouth. She got out of the van, ran to a neighbor’s house and banged on the door. Defendant chased her, screaming he would kill her, and that he should have killed her before. She was “petrified”. He caught up to her outside the neighbor’s house, and choked her with both hands around her throat. He then dragged her down the street and pushed her back into the van. She escaped again and ran to another neighbor’s house. At that point, defendant’s vicious attack on his wife had been going on for 45 minutes. She went inside the neighbor’s house and asked her neighbor to call the police, while she went into a powder room, closed the door, and tried to hide from defendant. Defendant went into the neighbor’s house and proceeded to rip the powder room door off its hinges. The door landed on plaintiff. He dragged her out of the house, and back towards their house. Plaintiff grabbed onto trees along [355]*355the way, trying to resist. He was furious because she had asked her neighbor to call the police. Finally, he let go of her, got into the van and left. She was badly injured and very scared. A neighbor came with a blanket and rendered first aid. She was rushed by ambulance to the Emergency Room of West Jersey Hospital. She had three large lumps on her head, two black eyes, blood running from her ears, and abrasions and lacerations all over her body. She also had trouble breathing. At the West Jersey Hospital Emergency Room, she was diagnosed as having head and lung injuries, and was in such critical condition that she had to be medevac’d by helicopter to the Cooper Hospital Trauma Center. She had a fractured skull, a concussion, four broken ribs, and a punctured lung (pneumothorax), in addition to the injuries noted above. She remained hospitalized at Cooper for several days, and was still under medical care at the time of the hearing on November 6,1997.

At the hearing, the court had the opportunity not only to hear the testimony of plaintiff, but to observe her injuries and review the photographic exhibits submitted by her counsel as well. Plaintiffs eyes were severely swollen, black and blue, and almost closed. She was in obvious physical pain and distress. The photographic exhibits submitted by plaintiffs counsel depicted her injuries, as well as the powder room door that defendant ripped off its hinges in the neighbor’s home where plaintiff sought, refuge. The photos, including those of plaintiffs facial and head injuries, and the hole in her chest where a tube was inserted to re-ndíate her punctured lung, depicted a severally beaten and battered woman.

Plaintiff testified she was in fear of defendant. She related a prior history of domestic violence on his, part, including previous assaults. She was afraid he would take their ten year-old son and leave the area, noting that he would do anything and everything to get physical custody and keep their son away from her. She added that their ten year-old son was in the house throughout the forty-five minute period that the beating of his mother took place.

[356]*356Defendant, who was represented by counsel at the hearing, did not testify. No evidence was presented to controvert plaintiffs testimony, or the domestic violence charges she made against him.

Because of (1) the barbaric conduct of the defendant during the nightmarish incident of October 29 - 30, 1997; (2) the evidence of his drunkenness that night and in the past; (3) his prior history of domestic violence; and (4) plaintiffs clearly expressed fear that defendant would take her son away if not restrained, a final restraining order was entered. The order prohibited any further acts of domestic violence, and barred him from having any contact or communication with the plaintiff and from harassing or stalking her. The order also required defendant to undergo substance abuse and psychological evaluations, and restricted him to supervised visitation only. He was also ordered to pay plaintiffs attorneys’ fees of $2,400 by December 12, 1997; child and spousal support; all household expenses; and other expenses enumerated in the order. The deadline for payment of plaintiffs counsel fees was modified by an order of December 23, 1997 entered by consent of both parties, through their counsel. That modification required payments by defendant of $1,000 by January 7, 1998; $500 by February 7, 1998; $500 by March 7, 1998; and $400 by April 7,1998.

At the hearing on plaintiffs request that the court dissolve the final restraining order, several violations of the order came to light. For example, it appeared that the defendant has engaged in unsupervised visitation with the child, including trips out-of-state. He has continually attempted to contact plaintiff. He has not abided by the psychotherapy recommendations of the Stein-inger Center, nor with the substance abuse recommendations of Segaloff. Both of those reports are discussed below. He has not paid any of the attorney’s fees he was ordered to pay. In short, the defendant has flouted and violated the final restraining order.

At the hearing on March 13, 1998, plaintiff asked the court to dissolve the final restraining order. She claimed she had reconsidered her relationship with the defendant and wanted him to be [357]

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Bluebook (online)
714 A.2d 986, 314 N.J. Super. 350, 1998 N.J. Super. LEXIS 367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevenson-v-stevenson-njsuperctappdiv-1998.