Saturday, April 8, 2023

FRO granted where def followed her and tailgated her when she drove to work, C.H. v. R.J.O.

   FRO granted  where def followed her and tailgated her when she drove to work,   C.H. v. R.J.O.

Defendant appealed the FRO entered against him. The parties had been in a five-year relationship. Plaintiff alleged defendant frequently yelled at her, called her names, grabbed her arm and threatened to break such things as her phone and computer. Plaintiff ended the relationship in May 2021 and defendant cursed and yelled and threatened to post sexually suggestive pictures of plaintiff. She received numerous text messages and 17 missed calls from defendant the next morning and he threatened to show up at her work place if she would not talk to him. He followed her and tailgated her when she drove to work, she called 911, was directed to the police station and obtained a TRO. Defendant stated he only wanted to talk to plaintiff and denied any of the alleged threats. Trial judge found a history of domestic violence and granted the FRO. Court found no basis to disturb trial judge's factual findings or legal conclusions. Trial judge credited plaintiff's testimony over defendant's and record supported his finding of the predicate act of harassment based on defendant's persistent pursuit after plaintiff made numerous requests to be left alone. Court also agreed defendant's actions "[were] indicative of a level of coercion, control that is characteristic of domestic violence." Trial judge's award of counsel fees was not an abuse of discretion.

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