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CAPELL v. CAPELL

817 A.2d 337 (2003)

358 N.J. Super. 107

Tracey CAPELL, Plaintiff-Respondent, v. Pierce CAPELL, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 7, 2003.

Attorney(s) appearing for the Case

Edward Fradkin, Freehold, argued the cause for appellant (Jacobowitz, Grabelle, Defino, Latimer and Fradkin, attorneys; Mr. Fradkin, of counsel and on the brief).

George G. Whitmore, Red Bank, argued the cause for respondent (Ansell, Zaro, Grimm & Aaron, attorneys; Mr. Whitmore, on the brief).

Before Judges SKILLMAN, CUFF and LEFELT.

The opinion of the court was delivered by CUFF, J.A.D.

Defendant appeals from a final restraining order entered pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35. Although we affirm the order, we express our disapproval of a procedure suggested by the trial judge, agreed to by the litigants, but ultimately abandoned.

At the conclusion of the January 18, 2002 hearing on plaintiff's application for a final restraining order...

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