Smith v. Moore - 298 N.J. Super. 121, 689 A.2d 145 (Super. Ct. App. Div. 1997)

Rule:

The Prevention of Domestic Violence Act of 1991, N.J. Stat. Ann. §§ 2C:25-17 to 33, is directed at violence that occurs in a family or family-like setting. N.J. Stat. Ann. § 2C:25-18. Domestic violence is a term of art which defines a pattern of abusive and controlling behavior injurious to its victims.

Facts:

Plaintiff and defendant shared a house at the shore on weekends for three months one summer. Several months later, plaintiff began dating defendant's ex-boyfriend and defendant made a series of harassing telephone calls to plaintiff. Plaintiff sought and was granted a final restraining order against defendant under the Prevention of Domestic Violence Act of 1991 (Act), N.J. Stat. Ann. § 2C:25-17 to -33. Defendant appealed. 

Issue:

Was the grant of a final restraining order against the defendant proper under the circumstances? 

Answer:

No.

Conclusion:

The court reversed, remanded, and vacated the final restraining order. The court held that the trial court lacked jurisdiction to enter a restraining order because the parties did not share the requisite domestic relationship adequate to predicate jurisdiction under the Act. The court held that the offense should have been prosecuted in a municipal court as a disorderly persons offense under N.J. Stat. Ann. § 2C:33-4(a).