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Thursday, March 17, 2011

C.M.F. v. R.G.F. A-4826-08T2

C.M.F. v. R.G.F. A-4826-08T2

Defendant admittedly shouted offensively coarse names at his wife at their children's basketball game but argued that he was motivated by anger rather than an intent to harass her. Pursuant to State v. Hoffman, 149 N.J. 564 (1997) and N.J.S.A. 2C:33-4(a), the requisite intent was "to disturb, irritate or bother." We affirm the final restraining order against defendant because his anger did not negate an intent to harass and, considering the totality of the circumstances, the evidence supported the conclusion that defendant's purpose in directing the offensively coarse language at plaintiff was to harass her. 2-25-11