RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4174-18T3 I.E.A., Plaintiff-Appellant, v. M.A., Defendant-Respondent. ________________________ Submitted September 29, 2020 – Decided December 16, 2020 Before Judges Sabatino and DeAlmeida. On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Essex County, Docket No. FV-07-0953-19. Bressler, Amery & Ross, attorneys for the appellant (Ross A. Fox, on the brief). Respondent has not filed a brief. PER CURIAM Plaintiff I.E.A.1 appeals from the March 12, 2019 order of the Family Part denying her application for a final restraining order (FRO), and dismissing her complaint and a January 18, 2019 amended temporary restraining order (TRO) against defendant M.A. pursuant to the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35. We vacate the March 12, 2019 order, reinstate the complaint and TRO, and remand for a new trial. I. The following facts are derived from the record. The parties are cousins whose 2016 marriage in Sudan was arranged by their families. Defendant is a United States citizen; plaintiff is a citizen of Sudan. Shortly after the wedding, defendant returned to New Jersey, leaving a pregnant plaintiff with her family in Sudan. Plaintiff gave birth to the couple's only child, who has special needs, before coming to New Jersey with the child on a temporary visa in March 2018. On September 10, 2018, plaintiff filed a complaint and application for a TRO against defendant alleging assault, terroristic threats, and harassment as predicate acts of domestic violence. The court entered a TRO that day. On 1 We use initials to preserve the confidentiality of court records concerning domestic violence. R. 1:38-3(d)(9). A-4174-18T3 2 October 17, 2018, plaintiff filed an amended complaint and application for a TRO, also alleging assault, terroristic threats, and harassment as predicate acts of domestic violence. The court entered an amended TRO the same day. The court entered a second amended TRO on January 18, 2019. At trial, plaintiff testified that defendant was in Sudan on February 26, 2018, the day her grandparent died. He refused to accompany her to the funeral. According to plaintiff, when she questioned defendant about his refusal, he repeatedly slapped, hit, and kicked her, including while she was on the floor after having tripped during the assault. She testified that defendant's brother stopped the assault after she briefly escaped and shouted for help. Plaintiff also testified that on June 13, 2018, in New Jersey, she received defendant's permission to go with several women to have henna applied to her hands for a religious holiday. According to plaintiff, when she arrived home late an angry defendant pushed her, reminded her of the assault in Sudan, and said that if ...
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