the cord out of the telephone, struck the door causing
damage and repeatedly interfered with a telephone call to
police to report her acts supported a finding that the wife
was guilty of criminal mischief and harassment under the
Domestic Violence Act); Peranio v. Peranio, 280 N.J.
Super. 47 (App. Div. 1995) (husband’s informing his
wife, from whom he was separated and in the process of
obtaining a divorce, that he would “bury” her when he
discovered she had disposed of some of his property did
not constitute “harassment” under the Domestic
Violence Act where the judge found that, although the
statement was objectively alarming, husband did not
intend to harass his wife, and there was no history of
threats, harassment, physical or mental abuse or violence
between the parties); Murray v. Murray, 267 N.J. Super.
406, 409-11 (App. Div. 1993) (husband’s remarks to
wife while contemplating divorce that he did not have
affection for her and did not find her sexually attractive
was not harassment pursuant to the Domestic Violence
Act where the purpose of the remarks was not to alarm or
annoy wife); E.K. v. G.K., 241 N.J. Super. 567, 570-71
(App. Div. 1990) (wife’s persistence in methods of
disciplining adopted daughter, to which the husband
objected, did not constitute harassment to husband
under the Domestic Violence Act).
3. Terroristic Threats
For a discussion of terroristic threats under the
Domestic Violence Act, See Cesare v. Cesare, 154 N.J. 394
(1998).
4. Burglary
For a discussion of burglary, along with other
offenses, in relation to contempt for violating restraining
order, see State v. Marquez, 277 N.J. Super. 162 (App.
Div. 1994), certif. denied, 141 N.J. 99 (1995).
E. Standard of Review
Because of the family court’s special jurisdiction and
expertise in family matters, appellate courts should defer
to fact-finding that is supported by adequate,
substantial, credible evidence. Cesare v. Cesare, 154 N.J.
394, 411-13 (1998); Kamen v. Egan, 322 N.J. Super.
222, 228 (App. Div. 1999); Grant v. Wright, 222 N.J.
Super. 191, 200 (App. Div.), certif. denied, 111 N.J. 562
(1988). Legal conclusions, however, are reviewed de
novo. In the Matter of Return of Weapons to J.W.D., 149
N.J. 108, 116-17 (1997); J.N.S. v. D.B.S., 302 N.J.
Super. 525, 530 (App. Div. 1997). The Domestic
Violence Act does not place trial judges in the role of
super monitors over modern day parenting. J.N.S. v.
D.B.S., 302 N.J. Super. at 532. Likewise, it is improper
for the trial court to base a finding of domestic violence
upon a course of prior conduct that is not alleged in the
complaint. L.D. v. W.D., 327 N.J. Super. 1, 4 (App. Div.
1999); J.F. v. B.K., 308 N.J. Super. 387, 391-92 (App.
Div. 1998).Nonetheless, a defendant who does not object to a
finding of domestic violence at the trial level, waives that
challenge on appeal. Bryant v. Burnett, 264 N.J. Super.
222, 227 (App. Div.), certif. denied, 134 N.J. 478
(1993).II. REMEDIES UNDER THE PREVENTION OF DOMESTIC VIOLENCE ACT
A. Filing of a Complaint by Victim of Domestic Violence
Pursuant to N.J.S.A. 2C:25-28a, a domestic violence
victim may file a complaint alleging the commission of an
act of domestic violence with the Family Part of the
Superior Court, Chancery Division. Once a complaint is
filed, the court shall not dismiss it or delay the disposition
of a case because the victim has left the residence to avoid
further incidents of domestic violence. Moreover, the
filing a complaint pursuant to this section shall not
prevent the filing of a criminal complaint for the same act.
Additionally, the court shall waive any requirement that
the domestic violence victim’s place of residence appear
on the complaint. N.J.S.A. 2C:25-28b.N.J.S.A. 2C:25-29 specifically provides that an order
entered under the Domestic Violence Act “shall only
restrain or provide damages payable from a person against
whom a complaint has been filed.” A restraining order
was improperly issued against a teenage defendant’s
parents in civil proceeding under the Domestic Violence
Act, when no complaint was filed against the defendant’s
parents, leaving them with no opportunity to file
answering pleadings, present witnesses on their behalf,
cross-examine plaintiff’s witnesses, or enjoy separate legal
representation. D.C. v. F.R., 286 N.J. Super. 589, 609
(App. Div. 1996).1. Jurisdiction and Venue. N.J.S.A. 2C:25-28a
a. For a civil complaint, a plaintiff may apply for relief
pursuant to the Domestic Violence Act in a court having
jurisdiction over the place where the alleged act of
domestic violence occurred, where the defendant resides,