S.R. VS. M.D. (FV-09-0894-16, HUDSON COUNTY AND STATEWIDE)(RECORD IMPOUNDED)


RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court."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-1587-15T3 S.R., Plaintiff-Respondent v. M.D., Defendant-Appellant, __________________________ Submitted September 6, 2017 – Decided October 19, 2017 Before Judges Alvarez and Gooden Brown. On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Hudson County, Docket No. FV-09-0894-16. James E. Young, Jr., attorney for appellant. The Ibrahim Law Firm, attorneys for respondent (Thomas Kim, on the brief). PER CURIAM Defendant appeals from an October 27, 2015 final restraining order (FRO) entered against him in favor of plaintiff, pursuant to the Prevention of Domestic Violence Act of 1991 (PDVA), N.J.S.A. 2C:25-17 to -35. We affirm. We summarize the relevant facts. Plaintiff and defendant were married in Amman, Jordan, in February 2012. Fraternal twins were born of the marriage in June 2013. That same year, the parties separated. As a United States citizen, plaintiff resided in the United States with the children, while defendant would travel between the United States and Jordan. On October 2, 2015, plaintiff filed a complaint against defendant seeking injunctive relief under the PDVA. Plaintiff alleged that on September 1 and 25, 2015, defendant committed acts of domestic violence, specifically harassment under N.J.S.A. 2C:33-4, by threatening her on the telephone and sending her threatening messages via a mutual friend as well as text messages at all hours of the day and night. In the amended complaint, plaintiff alleged defendant called her "a whore" on multiple occasions, and threatened to "take the children" and "put [plaintiff's] citizenship in jeopardy by telling welfare that she [was] making fraudulent claims." Plaintiff also alleged defendant threatened "that he [was] coming for [her] . . . because [she] found proof that [defendant] [had] another wife in Jordan and . . . took the information to immigration[.]" As a result, "[defendant's] residency [was] revoked and immigration [was] looking into the report." In her complaint, plaintiff also recounted a prior history of domestic violence involving similar threats and name calling 2 A-1587-15T3 spanning a period of time from March 2013 to June 2015. In addition, plaintiff described in the complaint a March 5, 2013 incident, during which defendant allegedly held a knife to her chest while she was pregnant and threatened to kill or injure her if she did "not continue the process for [defendant] to get a green card[;]" a July 2014 incident during which defendant allegedly "swerved his car toward where [plaintiff] was standing with a classmate[;]" and a May 2015 incident during which defendant allegedly threatened to rape her. Defendant was served with the complaint on October 14, 2015. Almost two weeks later, on October 27, 2015, the Family Part judge conducted a final hearing. At the hearing, plaintiff ...

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