Harassment Restraining Order Not Justified by Defendant’s Facebook Post Calling Ex-Fiancée a “Crumbum”
From S.L. v. D.D., decided yesterday by N.J. Appellate Division Judges Berdote, Byrne, and Jacobs:
D.D. (“Darryl” [a pseudonym]) appeals the June 19, 2023 final restraining order (“FRO”) granted by the Family Part to S.L. (“Sydney”) against him…. Sydney [had] presented two … occurrences she alleged were the predicate acts of harassment and stalking: a note Darryl left at [Sydney’s current boyfriend] Teddy’s house (“Beer Note”) and a Facebook message Darryl had posted, presumably referring to Sydney as his “crumbum ex” (“Crumbum Post”)…. [The judge] concluded the Beer Note and the Crumbum Post amounted to predicate acts of harassment and stalking and granted Sydney an FRO against Darryl….
Sydney testified she was returning from a vacation with Teddy on April 24, 2023, when she and Teddy found the Beer Note left at the house Teddy owned with his ex-girlfriend, R.T. (“Racquel”). The Beer Note was handwritten and said “Throw this away for me Bud! signed [Darryl]. Thanks for the warm beer and grill.” Sydney testified neither she nor Teddy gave Darryl permission to enter Teddy’s home. {Racquel appeared as a defense witness. She testified she invited Darryl into her home and sold him the grill when he left the Beer Note.} {[T]he … judge found Darryl “kn[ew] that [Tedd
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