Overview

Domestic violence is one of the most prevalent and least manifest forms of torture as it happens behind the closed doors of a family.  The instances of domestic violence are on the rise and even the so-called civilized and modern societies are not immune from this.  Surprisingly in the United States, battery is the single greatest cause of serious injury to women — more than auto accidents, rapes, and muggings combined.  Domestic violence is a crime having wide ramifications and serious social, cultural and psychological repercussions.  There is a dubious nexus between spousal abuse and child abuse, and children, even as witnesses to domestic violence suffer deep and lasting emotional effects.

New Jersey Law on Domestic Violence

New Jersey views domestic violence as a serious crime and the law enforcement paradigm is fully equipped to deal with this menacing transgression of individual freedom and privacy.  New Jersey has passed the Prevention of Domestic Violence Act.  The law protects a person over 18 or an emancipated minor who is abused or harassed by a person in any of a number of relationships with her.   For instance, it protects a woman who was abused by a present or former husband or by a man with whom she has parented a child or is bearing a child.  It also protects her against a lesbian lover or anyone else who shared the household.  In the case of an elderly woman, this applies to her caretaker.  A recent amendment widened the provisions so as to incorporate minors and adults of any age who experience abuse in a dating relationship.  It is to be noted that an unemancipated minor who commits an act of domestic violence can be prosecuted under the juvenile delinquency laws and may not be prosecuted as a domestic violence defendant.  “A recent statute prohibits insurers from denying health benefits to victims of domestic violence”.  Police are given sweeping powers to arrest the abusers.  “The New Jersey Domestic Violence Act provides for two forms of relief to a victim of domestic violence: Civil relief, which is in the form of obtaining a restraining order, and criminal relief, which allows a victim to file criminal complaints against the batterer”.  The town Municipal Court or Superior Court can issue a civil restraining order even in the evening to prohibit the abuser from harassing the victim or entering the victim’s residence.  Violation of a Civil Restraining Order may result in civil contempt and non-compliance of criminal relief will invite criminal contempt.
The domestic violence law mainly protects the individual against assault, criminal mischief such as intentionally damaging the property, and against harassment including repeated and annoying contacts so as to cause alarm.  The range of protected activities is comprehensive and also includes kidnapping, criminal restraint, sexual assault, burglary, criminal trespass, lewdness, threats of physical or property damage, homicide, terrorist threats, false imprisonment, criminal sexual contact, and stalking.

Most often the victim will be living with the abuser and hence in a difficult position to rein in abusive and violent behavior.  The tyranny is aggravated if the victim is economically dependent on the abusive partner.  As an immediate step, the victim can seek remedy through a temporary restraining order (TRO) to prevent the abuser from   entering the shared premises and contacting the victim.  The law is receptive to the needs of the victim and requires the abuser to pay support to the victim and the children and courts often grant temporary custody to the victim.  This is particularly helpful as very often the children fall prey to the abusive behavior.  “A TRO can also be invoked in the event of an attack to require the abuser to pay for any losses as a result of an attack, such as medical expenses, moving expenses, lawyer’s fees, or money spent to repair damaged property”.  The abuser can also be forced to return a checkbook, or other necessary items. In addition, the state has recently created the “Address Confidentiality Program” in which a victim who is in the fear of safety can maintain the confidentiality of her whereabouts by having the Secretary of State provide a mailing address and forward any correspondence to the registrant.  Additionally, the authorities are always at help if the victim wants to change the phone number to an unlisted number or to obtain a medical report to document injury.  Medical coverage to victim or dependents, rent or mortgage payments, placing limitation on visitation and assessing risk to children posed by the defendant, compensatory damage and law enforcement accompaniment by either party to shared residence to supervise removal of personal belongings are some of the other remedies available to the victim.  Punitive damages are awarded to the victim and to third parties only after passing the Final Restraining Order.

Under the federal Violence Against Women Act, a victim who has a restraining order from the home state and flees to another state to seek safety from further abuse may seek enforcement of the existing restraining order in the new state.  The new state must provide full faith and credit to any existing restraining order or order of protection.

Conclusion

A state’s civility is defined and measured by the kind of laws enforced in the state.  How the state protects the individual rights and respects the individuality and privacy of its citizens is the main criterion.  Domestic violence is, no doubt, an atrocious crime and a scar on human civility.  But the state of New Jersey is geared up the tackle the menace effectively.  The Domestic Violence Act provides the much-needed sense of security, the prime concern of a victim and the law enforcement paraphernalia is well trained and groomed to deal with any untoward incidents.