Law Lessons from LOVELAND v. HAUKE, Appellate Division, A-5873-05T1, May 2, 2007:
“Domestic violence is a term of art which defines a pattern of abusive and controlling behavior injurious to its victims.” Peranio v. Peranio, 280 N.J. Super. 47, 52 (App. Div. 1995); see also Corrente v. Corrente, 281 N.J. Super. 243, 246 (App. Div. 1995). The intent and focus of the Legislature in enacting the Prevention of Domestic Violence Act was to address serious abuse between individuals governed by the act. Corrente, 281 N.J. Super. at 247. One sufficiently egregious action, however, may constitute domestic violence, even in the absence of a history of abuse between the parties. Cesare v. Cesare, 154 N.J. 394, 402 (1998); McGowan v. O’Rourke, ____ N.J. Super. ____ (App. Div. 2007).
In pertinent part, the harassment statute provides: [A] person commits a petty disorderly persons offense if, with purpose to harass another, he:
a. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;
. . . .
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 Supreme Court distinguished the purpose to harass prohibited by subsection (a) of N.J.S.A. 2C:33-4, which “targets a single communication,” and subsection (c), which “targets a course of conduct.” State v. Hoffman, 149 N.J. 564, 580 (1997). Moreover, the purpose of a single comment need only be to harass, whereas, the purpose of a course of conduct must be to cause alarm or serious annoyance. Id. at 580-81. “Subsection (c) proscribes a course of alarming conduct or repeated acts with a purpose to alarm or seriously annoy an intended victim.” Id. at 580.
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