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Wednesday, July 13, 2011

E.M.B. VS. R.F.B A-1155-09T1 04-19-11

04-19-11 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.