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Saturday, April 30, 2011

E.M.B. VS. R.F.B A-1155-09T1

E.M.B. VS. R.F.B

A-1155-09T1

Plaintiff's stated reasons for seeking a final restraining

order against her 56 year old son were that he had stolen her

car keys, cell phone, bank book, money and some jewelry. In

addition, plaintiff testified that defendant had locked her out

of the house on one occasion and called her a "senile old

bitch." The trial court entered a final restraining order based

upon harassment. We reverse because theft is not one of the

enumerated predicate acts under N.J.S.A. 2C:25-19 and because

the evidence was insufficient to prove the thefts or other acts

were committed with the requisite purpose to harass.4-19-11