Restraining Orders affirmed based on Harassment  C.M.C.A. v. A.S.

   Defendant appealed the FRO entered against him. The parties began a romantic relationship in 2020 while defendant was still living in Georgia. Defendant later moved to New Jersey to be closer to plaintiff and eventually moved in with her. The parties became engaged but eventually broke off their relationship a year later. Over the course of the relationship, plaintiff was subjected to escalating acts of domestic violence. Plaintiff filed for a TRO for an incident that ended the parties' relationship, during which defendant grabbed plaintiff and dragged her from the kitchen to the bathroom by her hair. Later that day, defendant also choked plaintiff with a seatbelt as she attempted to escape from the vehicle defendant was driving. Defendant denied having a physical altercation with plaintiff, although he admitted to yelling at plaintiff in the car when she informed him that she wanted to break up. The trial court found plaintiff's testimony credible and found defendant not credible based on his demeanor. The trial court concluded that plaintiff had proved the predicate act of assault and, based on a history of domestic violence, the need for a FRO even though defendant had returned to Georgia. On appeal, defendant argued that the trial court had relied on improper credibility factors, including the parties' eye contact. The court rejected defendant's arguments and affirmed, finding that the trial court also based its credibility determinations on the plausibility of the parties' versions of events.

source https://www.law.com/njlawjournal/almID/1679599666NJA105321/