P.B. v. W.G.
CourtNew Jersey Superior Court Appellate Division
Date FiledNovember 13, 2026
DocketA-4125-24
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NOT FOR PUBLICATION WITHOUT THE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-4125-24
P.B.,
Plaintiff-Respondent,
v.
W.G.,
Defendant-Appellant.
_________________________
Submitted October 8, 2026 – Decided November 13, 2026
Before Judges Mawla and DeAlmeida.
On appeal from the Superior Court of New Jersey,
Chancery Division, Family Part, Bergen County,
Docket No. FV-02-1853-25.
The Tormey Law Firm LLC, attorneys for appellant
(Travis J. Tormey, of counsel; Jeffrey A. Skiendziul, on
the brief).
Faugno Weis Duarte Raso, LLC, attorneys for
respondent (Robert M. Biagiotti, on the brief).
PER CURIAM
Defendant W.G.1 appeals from an August 7, 2025 final restraining order
(FRO) entered against him by the Family Part pursuant to the Prevention of
Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. We affirm.
I.
Defendant and plaintiff P.B., who were never married, have one child
who, at the times relevant to this appeal, was fifteen years old. On February 21,
2025, plaintiff filed a complaint against defendant seeking an FRO. Defendant
did not include a copy of the complaint in his appendix. See R. 2:6-1(a)(1)(A)
(requiring appellant's appendix include the pleadings in civil matters). We,
therefore, do not have before us the precise allegations by plaintiff of predicate
acts of domestic violence and the parties' history of domestic violence.
At trial, plaintiff testified with respect to numerous acts of harassment by
defendant, N.J.S.A. 2C:33-4. According to plaintiff, on several occasions in
January and February 2025, defendant threatened to make and made baseless
reports to the Division of Child Protection and Permanency (DCPP) that she
medically neglected their child. In addition, she alleged defendant previously
made a baseless report to DCPP that her fiancé verbally abused their daughter
1
We use initials to preserve the confidentiality of court records concerning
domestic violence. R. 1:38-3(d)(9).
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and repeatedly threatened to report plaintiff to the agency with respect to routine
concerns about her parenting. The court entered a temporary restraining order
(TRO) against defendant.
In August 2025, the court held a trial at which the parties testified. The
testimony established the following. The child has Type-1 diabetes, which
requires regular medical appointments. Plaintiff has primary custody and lives
with her fiancé and two other children. Pursuant to a parenting agreement, the
child spends time with defendant every other weekend during the school year,
and additional time during the summer months. Despite the agreement, because
of the child's age, the parties allow her to choose when she spends time with
each parent.
Plaintiff testified defendant called DCPP in 2023, and reported the child
told him plaintiff's fiancé verbally abused her. Representatives of the agency
interviewed the child at defendant's home. Defendant waited until the interview
was underway to inform plaintiff of the child's report and the agency's
investigation. DCPP ultimately determined the claim was unfounded and closed
the matter.
Separately, the child received medical care at a Manhattan facility for six
years. According to defendant, he scheduled and took the child to most of her
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medical appointments. In 2024, plaintiff requested to change the child's medical
provider to a physician in New Jersey. Defendant refused to consent to the
change, believing the care provided in Manhattan was the best available for the
child's condition.
On December 17, 2024, defendant contacted plaintiff and asked her to
schedule a medical appointment at the Manhattan facility. After not receiving a
response the following day, defendant, without consulting plaintiff, scheduled
an appointment for February 13, 2025, a day the child was likely to be with
plaintiff. Defendant sent plaintiff a text message informing her of the
appointment and stating she could reschedule if needed. Plaintiff responded,
"You cannot make demands of me. Make the appointment on your time since
you have nothing better to do with your pathetic life. If not, we can go back to
the court and let them know . . . your insurance lapsed and [you] cannot provide
for" the child.2 Defendant replied, "I have no idea when [the child] is going to
be with me. If I make an appointment and she's with you, you're going to say I
[made] an appointment on your time."
2
The court admitted text message exchanges between the parties into evidence.
Defendant, however, did not include a copy of the text messages in his appendix.
Because our record does not contain the text messages, we rely on the parties'
testimony reciting the content of those messages.
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On January 20, 2025, plaintiff sent defendant a text message accusing him
of scheduling the appointment during her parenting time, which she alleged the
judge had instructed him not to do. She demanded defendant reschedule the
appointment during his parenting time. Defendant responded the physician did
not work on weekends, when the child was most likely to be with him, and said:
"If you're not willing to take [the child] to the doctor, I'll have to contact family
services and go back to court so you can tell the judge why you won't take [her]
to the doctor."
On February 10, 2025, plaintiff notified defendant she had, with the
physician's approval, converted the appointment to a virtual session. She also
told defendant his health insurance did not cover virtual appointments.
Defendant texted back to protest the conversion of the appointment to a virtual
session and stated if plaintiff was "going to deny [the child's] medical care,
because it saves . . . on tolls," he was going to "report[] it and file for a hearing."
He claimed the appointment needed to be in person to upload information from
a medical device and to perform a blood test. Defendant also stated the child
needed a physical examination because it had been six months since she had last
seen a doctor.
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Plaintiff responded the child's device information could be uploaded from
a home computer, and her blood could be drawn locally after the visit with
laboratory results sent to the physician. She also claimed defendant was
responsible for any delay in the child's treatment because he did not have health
coverage for her last appointment. Defendant replied by saying, "If you don't
physically take her to the doctor's office, you can . . . justify why to the judge
and family services." He then called DCPP, alleging plaintiff medically
neglected the child.
On February 13, 2025, defendant texted plaintiff to ask if she would be
taking the child to the appointment in Manhattan. Plaintiff again stated she
switched the appointment to a virtual session. She reiterated she had received
the doctor's consent for the virtual appointment and had requested the doctor
order bloodwork to be taken after the visit. Defendant responded by saying he
would take the child to the appointment in person. Plaintiff gave her consent to
defendant taking the child to the appointment. He replied: "I don't need [your]
okay for something a judge told you to do. What kind of mother would not take
her own child to the doctor? You can explain that to the judge and whoever
family services sends to your door." Defendant then again reported plaintiff to
DCPP, alleging medical neglect of the child.
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On February 19, 2025, DCPP investigated plaintiff. The agency
determined the allegations of medical neglect were unfounded and closed the
case.3
Plaintiff testified defendant had previously sent her repeated text
messages complaining about her parenting style and threatening to report her to
DCPP over routine matters. She testified that as a result of defendant's behavior:
I feel scared, every time . . . . Everything that I
do with my children is questionable in my mind. We
are in pain. We are hurting. And we don't know when
it's going to end. It's unfair . . . [t]hat my parenting has
been questioned when there is no reason for my
parenting . . . to be questioned. My children are
constantly in fear. They don't know when a stranger is
going to show up and start questioning them and
looking at their bodies and wanting to know if mommy
and daddy are hurting them.
They are in fear that they are going to be taken
away from us and taken away from their home. I just
want it [to] stop. I just want to be left alone.
Defendant testified he "imagine[d] . . . it's not a good feeling" to be
investigated by DCPP, and "no parent wants to have [DCPP] called against
them." He conceded he was aware he could make an application to the court in
3
The parties did not submit evidence of DCPP's investigation at trial. However,
plaintiff testified DCPP closed the case after determining defendant's allegations
were unfounded. Defendant did not dispute plaintiff's testimony on this point.
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the parties' pending non-dissolution matter with respect to any concerns he had
about plaintiff's parenting. However, he testified he was "stressed out,"
"desperate," and felt he "had no options" but to report plaintiff to DCPP. With
respect to the medical appointment, defendant testified, "I tried my best to not
make this appointment on [plaintiff's] time. And my only intention was for our
daughter to physically be at this doctor's appointment as soon as possible."
Defendant claimed his intention when reporting plaintiff to DCPP was not "to
bully her or make her do anything."
The court issued an oral decision granting the FRO. It found plaintiff
provided credible testimony, which was corroborated by documentary evidence,
and defendant provided evasive and inconsistent testimony. The court
concluded defendant acted with the purpose to annoy and alarm plaintiff when
he repeatedly threatened to report her to DCPP and reported her to the agency
alleging baseless claims of medical neglect. In addition, the court found
defendant used the threat of reporting plaintiff to the agency as "a hammer" in a
disturbing manner. The court found defendant acted with the purpose to annoy
and alarm plaintiff when he reported her fiancé to DCPP for using coarse
language in front of the child. These acts constituted harassment pursuant to
N.J.S.A. 2C:33-4, and were predicate acts of domestic violence.
A-4125-24
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The court then undertook an analysis of the factors set forth in N.J.S.A.
2C:25-29(a)(1) to (7), to determine if entry of an FRO was warranted. It found
plaintiff established a history of domestic violence based on defendant's threats
to report her to DCPP over a long period of time prior to carrying out those
threats and reporting baseless claims of medical neglect. In addition, the court
found defendant's reporting plaintiff's fiancé to DCPP was a component of the
history of domestic violence. It concluded defendant posed an immediate
danger to plaintiff and an FRO would be in the best interests of plaintiff and the
child. After weighing the relevant statutory factors, the court found an FRO was
necessary to protect plaintiff from future acts of domestic violence by defendant.
On appeal, defendant argues the trial court's decision he committed
predicate acts of domestic violence was against the weight of the evidence. In
addition, he argues the court's conclusion an FRO was necessary to protect
plaintiff from future acts of domestic violence is not supported by the record.
II.
"In our review of a trial court's order entered following trial in a domestic
violence matter, we grant substantial deference to the trial court's findings of
fact and legal conclusions based upon those findings." D.N. v. K.M., 429 N.J.
Super. 592, 596 (App. Div. 2013) (citing Cesare v. Cesare, 154 N.J. 394, 411-
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12 (1998)). We should not disturb the "'factual findings and legal conclusions
of the trial judge unless [we are] convinced that 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
(alteration in original) (quoting Rova Farms Resort, Inc. v. Inv'rs Ins. Co., 65
N.J. 474, 484 (1974)). Deference is particularly appropriate when the evidence
is testimonial and involves credibility issues because the judge who observes the
witnesses and hears the testimony has a perspective the reviewing court does not
enjoy. Pascale v. Pascale, 113 N.J. 20, 33 (1988) (citing Gallo v. Gallo, 66 N.J.
Super. 1, 5 (App. Div. 1961)).
The entry of an FRO requires the trial court to make certain findings. See
Silver v. Silver, 387 N.J. Super. 112, 125-27 (App. Div. 2006). The court "must
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. 2C:25 -
19[(a)] has occurred." Id. at 125. It should make this determination "'in light
of the previous history of violence between the parties.'" Ibid. (quoting Cesare,
154 N.J. at 402). Next, the court must determine "whether a restraining order is
necessary, upon an evaluation of the factors set forth in N.J.S.A. 2C:25 -
29[(a)](1) to -29[(a)]([7]), to protect the victim from an immediate danger or to
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prevent further abuse." Id. at 127 (citing N.J.S.A. 2C:25-29(b)); see also J.D. v.
M.D.F., 207 N.J. 458, 476 (2011). This determination requires an evaluation of:
(1) The previous history of domestic violence
between the plaintiff and defendant, including threats,
harassment and physical abuse;
(2) The existence of immediate danger to person or
property;
(3) The financial circumstances of the plaintiff and
defendant;
(4) The best interests of the victim and any child;
(5) In determining custody and parenting time the
protection of the victim's safety;
(6) The existence of a verifiable order of protection
from another jurisdiction; and
(7) Any pattern of coercive control against a person
that in purpose or effect unreasonably interferes with,
threatens, or exploits a person's liberty, freedom, bodily
integrity, or human rights with the court specifically
considering evidence of the need for protection from
immediate danger or the prevention of further abuse.
[N.J.S.A. 2C:25-29(a); see also Cesare, 154 N.J. at
401.]
Here, the trial court determined defendant committed harassment, one of
the predicate acts set forth in the PDVA. N.J.S.A. 2C:25-19(a)(13). A person
commits harassment if, "with purpose to harass another," he or she:
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(a) Makes, 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;
(b) Subjects another to striking, kicking, shoving, or
other offensive touching, or threatens to do so; or
(c) Engages in any other course of alarming conduct
or of repeatedly committed acts with purpose to alarm
or seriously annoy such other person.
[N.J.S.A. 2C:33-4.]
The actor must have the purpose to harass another. Corrente v. Corrente,
281 N.J. Super. 243, 249 (App. Div. 1995) (citing D.C. v. T.H., 269 N.J. Super.
458, 461-62 (App. Div. 1994); E.K. v. G.K., 241 N.J. Super. 567, 570 (App.
Div. 1990)). Finding a party had the purpose to harass another must be
supported by "some evidence that the actor's conscious object was to alarm or
annoy; mere awareness that someone might be alarmed or annoyed is
insufficient." J.D., 207 N.J. at 487 (citing State v. Fuchs, 230 N.J. Super. 420,
428 (App. Div. 1989)). A purpose to harass may be inferred from the evidence.
State v. McDougald, 120 N.J. 523, 566-67 (1990). Common sense and
experience may also inform a determination or finding of purpose. State v.
Hoffman, 149 N.J. 564, 577 (1997) (citing State v. Richards, 155 N.J. Super.
106, 118 (App. Div. 1978)).
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We have reviewed the record and conclude it sufficiently supports the trial
court's finding defendant acted with the purpose to harass plaintiff when he
repeatedly threatened to report her to DCPP over routine parenting issues and
made baseless claims to the agency she medically neglected their child.
Defendant acknowledged he was aware he could make an application to the
court in the parties' pending non-dissolution matter at any time with respect to
plaintiff's parenting. He conceded he chose instead to repeatedly threaten to
report plaintiff to DCPP and create the prospect of an investigation that
threatened her parenting rights. Defendant also reported plaintiff's fiancé to
DCPP for verbally abusing the child. He involved the agency, and subjected
plaintiff to potentially serious consequences to her parenting rights, without first
discussing the matter with her and based only on the child's hearsay report of
the fiancé's use of coarse language.
In addition, the evidence established the parties' disagreement with respect
to the child's February 2025 medical appointment concerned scheduling, not
medical neglect. Plaintiff did not refuse to take the child to medical treatment;
she merely changed the format of a medical appointment with the physician's
consent from in-person to virtual. Defendant admitted when he objected to the
change in the appointment's format, plaintiff readily agreed to allow him to take
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the child to Manhattan for an in-person session with the physician. There was
no substantive basis for defendant to inform DCPP plaintiff refused to provide
medical care to the child.
We are not persuaded by defendant's argument the trial court erred with
respect to the need for an FRO to protect plaintiff from future acts of domestic
violence. The court weighed the appropriate statutory factors and found
defendant's course of conduct posed an immediate and continuing threat to
plaintiff, who credibly testified defendant's persistent threats caused her, the
parties' child, and the children who live with plaintiff to be in constant fear a
DCPP worker will appear and subject them to interviews, physical inspections,
and removal from their home.
Affirmed.
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