The Assembly is set to pass a series of bills to help domestic violence victims get protection quicker and easier through the courts.
Over the last month at various committee meetings, advocates and victims of domestic violence have told their stories of the hardships of getting a protection order, being told by police and judges to just not listen to the verbal abuse or delays from police departments that results in a judge ruling against them in attempting to obtain a protection order.
“We have to do something, and we just can’t say, ‘Oh, it’s really hard and it’s really confusing.’ The system is already messed up. We have to do say something,” said Assemblywoman Annette Chaparro (D-33). “I don’t want to count bodies anymore.”
Verbal Abuse
Current law does not account for verbal abusive behavior or attempts to control the victim in domestic violence cases. That would change under A1475, which would require courts to consider evidence of coercive control when overseeing domestic violence proceedings, along with emotional, physical, and mental abuse, which they must already consider.
The bill defines “coercive control” to mean a pattern of behavior against a person that in purpose or effect unreasonably interferes with a person’s free will and personal liberty. The bill provides that “coercive control” includes isolating the person from friends, relatives, transportation, medical care, or other source of support; monitoring the person’s movements, communications, daily behavior, finances, economic resources, or access to services; and threatening to deny or interfere with an individual’s custody or parenting time, among others.
New Victim Assistance Program
“Unfortunately many times when survivors interact with various systems—whether it’s law enforcement, the courts, health care—they are often not met with individuals that have the training, background information and understanding about domestic violence, and all of the different forms that take place for them,” said Nicole Morella, director of policy and education at the New Jersey Coalition to End Domestic Violence.
To that end, A4978 would establish a Division of Violence Intervention and Victim Assistance in the Department of Law and Public Safety.
The newly created division will oversee and coordinate all violence intervention and prevention, and victim assistance and services performed by the Attorney General. The division will provide services, administer and monitor programs, develop and implement strategies, serve as a resource center for other agencies and local communities, build partnerships within communities, and safeguard victims’ rights.
Assembly Vote March 30
“We can be compassionate about it but unless you walked in your shoes, you really don’t know,” said Chaparro
Other bills dealing with domestic violence that the full Assembly will vote on March 30 include:
- Requires domestic violence orders to be issued in other languages in addition to English under certain circumstances.
- Requires court to consider certain domestic violence convictions when considering alimony award; permits alimony modification based on certain subsequent domestic violence convictions.
- Authorizes issuance of protective orders for certain victimized persons in situations for which domestic violence statutes do not apply due to lack of familial or dating relationship between victim and offending actor.
- Authorizes court to include in domestic violence restraining orders a provision making the order applicable to a pregnant victim’s child upon birth of the child.
- Permits court to order counseling for children in households with domestic violence in appropriate cases; establishes presumption of award of custody to domestic violence victims in appropriate cases.
- Requires copies of certain law enforcement records to be provided to victims of domestic violence upon request.
Comments 3