ZAPPAUNBULSO V. ZAPPAUNBULSO 842 A.2d 300 (2004) CASE BRIEF

ZAPPAUNBULSO V. ZAPPAUNBULSO

842 A.2d 300 (2004)

NATURE OF THE CASE: Anthony (H) appealed an order that required him to move from a home based on his continued harassment of his ex-wife Alisa (W).

FACTS: Alisa (W) and Anthony (H) were married in 1993. In April 2001, P filed for divorce on grounds of extreme cruelty. W sought a temporary restraining order against H, claiming that he was harassing her. She alleged that he came home intoxicated after midnight, yelled and screamed at her when she refused his sexual advances, and threatened to 'get even' with her. W also certified to a past history of domestic violence. W also alleged that several months before this incident, H kicked down the door while she was inside the bathroom. H also threw chairs and other furniture at her in front of their two young children and would kick, punch or throw objects in her presence when he was angry. He constantly criticized and verbally abused her and would scream at her for no reason. W also stated that, at times, H would try to control her by following her throughout the house, restricting her ability to leave or take the children with her outside of the house. W was granted temporary custody of the children and exclusive possession of the marital residence. H was barred from the residence and prohibited from harassing or stalking W. After a final hearing, the trial court dismissed the domestic violence complaint and vacated the restraining order. W filed another domestic violence complaint and received a temporary restraining order in that H called her cell phone multiple times throughout the day without leaving a message and then called the house telephone at 12:30 a.m. H also appeared at the house without notice and demanded access. H had a nasty habit of calling the house late at night. W answered because she did not want the phone to wake up the children. An order was entered and H was prohibited from any further acts of domestic violence; he was barred from the residence and W's parents' residence and prohibited from contacting, harassing or stalking W. H was permitted to telephone the children from 6:00 p.m. to 7:00 p.m. daily. H was restricted to calling W's cell phone. The domestic violence complaint was dismissed incident to the settlement of the divorce case, and the restraints were incorporated into a consent order entered in the divorce action. W filed another domestic violence complaint and another temporary restraining order was issued against H. W alleged that H appeared outside her house 'screaming, cursing and calling [her] crazy,' and that he called her house and cell phone repeatedly. H drove by her house often, banged on her garage door and looked through her front door window. H was again prohibited from further acts of domestic violence. He was barred from W's place of employment and from going to her residence, except for the curbside pick-up and drop-off of the children. H was prohibited from leaving the car during pick-up or drop-off. H was also prohibited from communicating with, harassing or stalking W. W became aware that H might be planning to move into a house in her neighborhood. The judge executed an order restraining H from residing at 20 Daytona Drive, Sewell, New Jersey and ordered him to vacate the residence in thirty days.

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LEGAL ANALYSIS:

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