C.B. v. K.W.
CourtNew Jersey Superior Court Appellate Division
Date FiledOctober 26, 2026
DocketA-0172-25/A-0314-25
StatusUnpublished
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Full Opinion
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NOT FOR PUBLICATION WITHOUT THE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-0172-25
A-0314-25
C.B.,1
Plaintiff-Respondent,
v.
K.W.,
Defendant-Appellant.
_______________________
K.W.,
Plaintiff-Appellant,
v.
C.B.,
Defendant-Respondent.
________________________
Argued October 8, 2026 – Decided October 26, 2026
1
We use initials to protect the confidentiality of the victim in these proceedings.
R. 1:38-3(d)(10).
Before Judges Mawla and Chase.
On appeal from the Superior Court of New Jersey,
Chancery Division, Family Part, Burlington County,
Docket Nos. FV-03-2336-23 and FV-03-2417-25.
Melissa Rosenblum argued the cause for appellant
(Melissa Rosenblum, LLC, attorney; Melissa
Rosenblum, on the brief).
Respondent has not filed a brief.
PER CURIAM
In this one-sided consolidated appeal, K.W. appeals from two orders under
the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35; a
final restraining order (FRO) entered against her; and an order dismissing her
domestic violence complaint against C.B. We affirm both orders.
I.
We glean the facts from the evidence produced at trial. K.W. and C.B.
met in 2023 when K.W. took her car to the dealership where C.B. worked. The
parties were thereafter involved in a sexual relationship.
In June 2023, C.B. filed a temporary restraining order (TRO) against K.W.
due to her allegedly punching him in the stomach with a closed fist. According
to the TRO, she then threatened to "key his car, slash his tires, bash out his
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windows, and expressed she would go to his place of residence or work to
achieve these actions." C.B. stated he was afraid her threats would become real.
K.W. was never served with this TRO. C.B. did not tell K.W. about the
TRO being issued. Sometime thereafter, they resumed their relationship, but it
was on and off again for two years. The relationship ended in the spring of
2025.
On May 2, 2025, C.B. found approximately "nine or ten" nude images of
himself exposing his genitalia physically posted outside of his workplace . C.B.
testified K.W. had threatened to do this. He also stated he had only sent the
nude image to K.W. C.B. further stated his phone number had been handwritten
on the back of each nude photograph posted around the outside of his workplace.
Because C.B. arrived at work approximately an hour before it opened, he was
able to discover the pictures and remove them before the customers arrived.
On May 3, 2025, C.B. found out the same image had been posted around
a shopping plaza in Bordentown when he was notified by the Bordentown police.
He stated the images were also posted at his wife's place of employment, a
supermarket, and around a coffee shop. He alleged these incidents
"traumatized" him.
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On May 21, 2025, K.W. filed a TRO against C.B. for harassment after he
allegedly called her eight times, to which she did not pick up the phone. C.B.
also allegedly left flowers on her car, and a giftbag with a teddy bear and tickets
on her doorstep. Because K.W. was never served with the 2023 TRO, she was
served at this time.
On June 19, 2025, C.B. amended his TRO from 2023. The predicate act
section of his complaint remained the same. In addition to the allegations listed
in the predicate act section, in the prior history section of his complaint, were
the alleged May 2025 postings of his genitalia.
On August 4, 2025, an FRO trial was held on both complaints. K.W.
represented herself and C.B. was represented by counsel. Both parties testified.
C.B. presented three exhibits including pictures of the nude pictures posted
outside the dealership. K.W. admitted a picture allegedly showing a bruise
caused by C.B. from a prior incident.
At trial, C.B. testified to the 2023 incident. He stated they were having a
conversation about their relationship when K.W. "started getting aggressive and
angry. She struck me, and she tried to do it again, and I pushed her back." He
clarified it was a closed fist punch to the area around the stomach. She then
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threatened to go to his job or to his current girlfriend and he was going to lose
one of them.
K.W. admitted threatening to go to C.B.'s boss in 2023 but denied
punching him. She also denied she posted the images at both the car dealership
and the plaza in Bordentown and alleged her cousin had done it. She admitted
to sharing the photograph with her cousin.
K.W. also recounted that on May 21, after their relationship ended, C.B.
called her eight times but she never picked up. She found the gift bags with
stuffed animals outside her home and the flowers were found on her car. K.W.
did not see who placed them there.
K.W. testified there about two incidents of domestic violence in the past.
The first one was when C.B. grabbed her and left a mark. She showed a
photograph on her phone of a purported bruise. The second incident occurred
when the parties were having consensual "rough sex" and she wanted to stop,
but defendant continued and put his hands around her neck.
The court found C.B. more credible than K.W. It concluded when K.W.
punched C.B. in 2023, it constituted an "offensive touching." However, because
the parties resumed their relationship for two years, there would have been no
need to protect C.B. until the posting of the pictures in May 2025.
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The court also concluded K.W. posted the pictures of C.B. genitals at
various locations and this constituted the predicate act of harassment. It found
"based upon the alarming conduct of what occurred on May 2nd and May 3rd,
the [c]ourt does find that there is a need to issue a [FRO]."
Regarding K.W.'s complaint against C.B., the court determined although
she proved a prior history of domestic violence, she did not prove there was a
recent predicate act of harassment. Accordingly, it denied K.W. an FRO and
dismissed her complaint.
II.
Generally, "findings by a trial court are binding on appeal when supported
by adequate, substantial, credible evidence." Gnall v. Gnall, 222 N.J. 414, 428
(2015) (citing Cesare v. Cesare, 154 N.J. 394, 411-12 (1998)). We afford
"substantial deference to Family Part judges, who routinely hear domestic
violence cases and are 'specially trained to detect the difference between
domestic violence and more ordinary differences that arise between couples. '"
C.C. v. J.A.H., 463 N.J. Super. 419, 428 (App. Div. 2020) (quoting J.D. v.
M.D.F., 207 N.J. 458, 482 (2011)).
"[D]eference is especially appropriate 'when the evidence is largely
testimonial and involves questions of credibility.'" MacKinnon v. MacKinnon,
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191 N.J. 240, 254 (2007) (quoting Cesare, 154 N.J. at 394). Therefore, we will
not disturb the trial court's factual findings unless "they are so manifestly
unsupported by or inconsistent with the competent, relevant and reasonably
credible evidence as to offend the interests of justice." Cesare, 154 N.J. at 412
(quoting Rova Farms Resort, Inc. v. Invs. Ins. Co., 65 N.J. 474, 484 (1974))
(internal quotation marks omitted). However, we do not accord such deference
to the trial court's legal conclusions, which we review de novo. Thieme v.
Aucoin-Thieme, 227 N.J. 269, 283 (2016).
The purpose of the PDVA is to "assure the victims of domestic violence
the maximum protection from abuse the law can provide." G.M. v. C.V., 453
N.J. Super. 1, 12 (App. Div. 2018) (quoting State v. Brown, 394 N.J. Super. 492,
504 (App. Div. 2007)) (internal quotation marks omitted); see also N.J.S.A.
2C:25-18. Consequently, "[o]ur law is particularly solicitous of victims of
domestic violence," J.D., 207 N.J. at 473 (alteration in original) (quoting State
v. Hoffman, 149 N.J. 564, 584 (1997)), and courts will "liberally construe[] [the
PDVA] to achieve its salutary purposes." Cesare, 154 N.J. at 400.
To determine whether the entry of an FRO is appropriate, the court must
first "determine whether the plaintiff has proven, by a preponderance of the
credible evidence, that one or more of the predicate acts set forth in N.J.S.A.
A-0172-25
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2C:25-19[(a)] has occurred." Silver v. Silver, 387 N.J. Super. 112, 125 (App.
Div. 2006). If the court finds the defendant committed a predicate act of
domestic violence, then the second inquiry "is whether the court should enter a
restraining order that provides protection for the victim." Id. at 126. This prong
is codified in N.J.S.A. 2C:25-29(a). While the second inquiry "is most often
perfunctory and self-evident, the guiding standard is whether a restraining order
is necessary . . . to protect the victim from an immediate danger or to prevent
further abuse[,]" based upon a court's evaluation of the factors set forth in
N.J.S.A. 2C:25-29(a)(1) to -29(a)(7). Id. at 127; see also J.D., 207 N.J. at 475-
76.
To sustain the preponderance of the evidence burden, the evidence
supporting the claim must weigh heavier and be more persuasive than the
contrary evidence. Saks v. Ng, 383 N.J. Super. 76, 98 (App. Div. 2006). "It
makes no difference if the heavier weight is small in amount[.]" Ibid. (citation
omitted). If the evidence supporting the claim weighs more heavily, then the
burden of proof has been satisfied and the party who has the burden is entitled
to a favorable decision on that claim. Ibid. (citation omitted).
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III.
K.W. contends she did not commit a predicate act of domestic violence
and "C.B. was not in need of a final restraining order" because "he did not
articulate fear, apprehension or concern for his personal safety." We are not
persuaded.
Harassment occurs when a person, "[s]ubjects another to striking, kicking,
shoving, or other offensive touching, or threatens to do so." N.J.S.A. 2C:33-
4(b). The court considered both parties' testimony and found C.B.'s claim that
K.W. punched him in 2023 more credible than K.W.'s denial. The court then
determined the punch occurred and constituted "offensive touching."
On appeal, K.W. does not contend the punch was not an offensive
touching. Rather, she contends she did not punch C.B. at all. Given the facts in
the record and the deference we must accord to the court's credibility findings,
we have no reason to second guess the court's finding the predicate act of
harassment was established.
After determining a predicate act has been established under the first
prong of Silver, the court turned to the second prong to evaluate whether the
plaintiff had shown the need for an FRO. Silver, 387 N.J. Super. at 127; N.J.S.A.
2C:25-29(a)(1) to -29(a)(7). Here too, the court based its finding on the
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evidence in the record and its credibility findings, which showed that while C.B.
did not require an FRO based on the 2023 punching incident, the posting of the
photographs changed this calculus demonstrating he needed an FRO to protect
him.
C.B. made it clear from his testimony he feared for his wellbeing, as well
as his wife's wellbeing, and for his job, because he was unsure what lengths
K.W. would go to next. Although K.W. contends C.B. could not have felt fear,
the act here of posting someone's nude photographs would certainly and
objectively create fear and embarrassment in an individual. See Cesare, 154
N.J. at 413-414.
The court articulated clear reasons why an FRO was necessary to protect
C.B. from a future risk of harm. Ibid.; R. 1:7-4(a); see also T.B. v. I.W., 479
N.J. Super. 404, 413 (App. Div. 2024). Because the court found C.B.'s
testimony credible and reliable, K.W. posed unknown and imminent harm to
C.B. This finding was supported by adequate, substantial, credible evidence.
Next, K.W. contends her due process rights were violated when the court
found the predicate act of harassment based on the postings of C.W.'s genitalia
because this allegation was situated in the prior acts section of the domestic
violence complaint. We are unconvinced of the due process violation.
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"[O]rdinary due process protections apply in the domestic violence
context, notwithstanding the shortened time frames for conducting a final
hearing[.]" J.D., 207 N.J. at 478. To "ensur[e] that defendants are not deprived
of their due process rights requires our trial courts to recognize both what those
rights are and how they can be protected consistent with the protective goals of
the [PDVA]." Id. at 479. In this context, due process requires a defendant is
given "a meaningful opportunity to defend . . . a complaint" against them. D.N.
v. K.M., 429 N.J. Super. 592, 606 (App. Div. 2013).
Although the court was mistaken in finding a predicate act occurred for
posting the pictures, the error is harmless, because the court also found the
predicate act of harassment for the punching incident. See R. 2:10-2 ("Any error
or omission shall be disregarded by the appellate court unless it is of such a
nature as to have been clearly capable of producing an unjust result[.]"). Only
one predicate act needs to be found for the court to move to the second prong
under Silver and N.J.S.A. 2C:25-29(a).
There was no due process violation for the court to consider the postings
to determine the second prong because K.W. was on notice for nearly two
months C.B. would present this incident because the face of his amended
complaint described the incident in detail. J.D., 207 N.J. at 478. Furthermore,
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K.W. fully presented her testimony on all her allegations and in response to
C.B.'s claims and did not argue that she lacked sufficient notice.
IV.
Finally, K.W. argues the court erred in denying her request for an FRO
because she proved that C.B. committed a predicate act of harassment and her
need for an FRO by a preponderance of the evidence. Specifically, K.W. claims
the eight phone calls that went unanswered constituted harassment under
N.J.S.A. 2C:33-4(a). The statute requires an individual, with the purpose to
harass, "[m]akes, or causes to be made, one or more communications
anonymously or at extremely inconvenient hours, or in offensively coarse
language, or any other manner likely to cause annoyance or alarm." N.J.S.A.
2C:33-4(a).
Although harassment is "one of the most frequently reported" predicate
acts of domestic violence, it also "presents the greatest challenges to our courts."
J.D., 207 N.J. at 475. A harassment claim can "confound[ the court's] ability to
fix clear rules of application[]" between "acts that constitute harassment" and
acts that are "ordinary domestic contretemps." L.M.F. v. J.A.F., Jr., 421 N.J.
Super. 523, 534 (App. Div. 2011) (quoting J.D., 207 N.J. at 475).
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To determine whether conduct constitutes harassment in the domestic
violence context, a court must consider the parties' prior relationship. Cesare,
154 N.J. at 405. Only by considering the parties' prior relationship and the
parties' conduct under the totality of the circumstances can a court determine
whether a communication constituted harassment. Compare Pazienza v.
Camarata, 381 N.J. Super. 173, 182-84 (App. Div. 2005) (finding, based on the
defendant's repeated prior unwanted contact with the plaintiff, a single text
message to the plaintiff about the show she was watching at the moment
defendant sent the text message constituted harassment), with L.M.F., 421 N.J.
Super. at 535-37 (holding an isolated incident of the defendant making a remark
to the plaintiff when he was angry during their divorce was not harassment).
The phone calls came from C.B.'s phone and were not anonymous. There
was also no testimony the calls were made at inconvenient hours. Nor was there
testimony the calls made the day after a break-up were made with the purpose
to harass. The court considered the alleged predicate act in light of the parties '
history of violence, as well as their on and off relationship. Having considered
the record and the applicable law, as well as the court's credibility determination,
we conclude the record amply supports the court's finding no predicate act of
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domestic violence occurred. Because there was no predicate act, the court did
not need to consider the second prong under Silver and N.J.S.A. 2C:25-29(a).
To the extent we have not addressed an argument raised on appeal, it is
because it lacks sufficient merit to warrant discussion in a written opinion. R.
2:11-3(e)(1)(E).
Affirmed.
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