What is Domestic Violence

Guide to "Family Law" in New Jersey

Domestic violence is a legal term of art which defines a pattern of abusive and controlling behavior injurious to its victims. The Prevention of Domestic Violence Act [N.J.S.A. 2C:25-17 to -33] incorporates by reference various criminal statutes, the violation of which may constitute an act of domestic violence if committed against a person protected by the Act. The previous history of domestic violence between the plaintiff and defendant, including threats, harassment and physical abuse must be considered in evaluating a domestic violence claim. The domestic violence law was intended to address matters of consequence; and should not be misused to to gain unfair advantage in ongoing domestic disputes or to resolve long term issues more appropriately decided in divorce or other types of Family Part proceedings.

See Corrente v. Corrente, 281 N.J. Super. 243 (App. Div. 1995); see also Litton v. Litton (Appellate Division, A-2054-04T2, October 6, 2005, not approved for publication).

see

N.J.S.A.

2C:25-19

N.J.S.A. 2C:11-1

N.J.S.A. 2C:12-1

See Additional Discussion Here

See Additional Discussion Here

N.J.S.A. 2C:12-10]

State v. Townsend, ___ N.J.___ (2006); May 15, 2006 (A-112/113-04):

The battered women’s syndrome has become widely accepted as admissible evidence in self-defense cases because it has been determined to be useful in explaining conduct exhibited by battered women toward their abusers.” State v. B.H., 183 N.J. 171, 183 (2005).

Although battered woman’s syndrome is not included as a psychological syndrome in the Diagnostic and Statistical Manual of Mental Disorders, battering is considered “a potential triggering event for Post Traumatic Stress Disorder.” Ibid.; see American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders, 463-68 (4th ed. 2000); see also Lenore E.A. Walker, Battered Women Syndrome and Self-Defense, 6 Notre Dame J.L. Ethics & Pub. Pol’y 321, 327 (1992).

An expert's education, training, and most importantly, experience, can provide a sound foundation for an opinion that a victim suffers from battered women's syndrome. See Torres, 183 N.J. at 578-79 (noting police officer’s combined experiences of gang-member interviews, numerous hours of seminar instruction, and multiple conversations with fellow officers qualified him to give expert testimony on gang hierarchy, organization, and discipline); see also Rosenberg, 352 N.J. Super. at 403 (explaining that “evidential support for an expert opinion is not limited to treatises or any type of documentary support, but may include what the witness has learned from personal experience”); Bellardini v. Krikorian, 222 N.J. Super. 457, 462-63 (App. Div. 1988) (commenting “that an expert may rely on his own knowledge, as well as on facts supplied to him by others”). Consequently, a trial court may properly admitted expert testimony about domestic violence and the effects of battering even though the victim had not been diagnosed as suffering from battered woman’s syndrome.

Law Lessons from Pazienza v. Camarata (App. Div., Docket No. A-2873-04T5, approved for publication November 7, 2005):

"Because a particular history can greatly affect the context of a domestic violence dispute, trial courts must weigh the entire relationship between the parties and must specifically set forth their findings of fact in that regard." Cesare v. Cesare, 154 N.J. 394, 405 (1998). A defendant's prior abusive acts should be considered "regardless of whether those acts have been the subject of a domestic violence adjudication." Ibid. "Therefore, not only may one sufficiently egregious action constitute domestic violence under the Act, even with no history of abuse between the parties, but a court may also determine that an ambiguous incident qualifies as prohibited conduct, based on a finding of violence in the parties' past." Id. at 402.

Due process requires that a finding of domestic violence be based upon the act or acts of domestic violence alleged in the complaint. H.E.S. v. J.C.S., 175 N.J. 309, 324-25 (2003); L.D. v. W.D., Jr., 327 N.J. Super. 1, 4 (App. Div. 1999); J.F. v. B.K., 308 N.J. Super. 387, 391-92 (App. Div. 1998). "It constitutes a fundamental violation of due process to convert a hearing on a complaint alleging one act of domestic violence into a hearing on other acts of domestic violence which are not even alleged in the complaint." J.F. v. B.K., supra, 308 N.J. Super. at 391-92. A due process violation can easily be avoided by granting a party a reasonable adjournment if confronted by new allegations at the time of trial in order to afford the party an ample opportunity to meet the charges. H.E.S. v. J.C.S., supra, 175 N.J. at 324-25.

Legal Lessons from Kehoe v. Gerson (App. Div., A-4054-04T3, November 30, 2005, not approved for publication): The standard for proving allegations of domestic violence is by a preponderance of the evidence. N.J.S.A. 2C:25-29a.

Law Lessons from DeGIULIO v. DeGIULIO (App. Div., A-1486-04T3, December 5, 2005, not approved for publication): The applicable standard for proving allegations of domestic violence is by a preponderance of the evidence; the court considers various factors, including the history of previous domestic violence between the parties. N.J.S.A. 2C:25-29a; Cesare, 154 N.J. at 400, 402-05; Roe v. Roe, 253 N.J. Super. 418, 428, 432 (App. Div. 1992). A defendant's abusive acts are to be considered "regardless of whether those acts have been the subject of a domestic violence adjudication." Cesare, 154 N.J. at 405.

Law Lessons from NIEVES v. REECE (Appellate Division, A-6122-04T1, June 21, 2006, not approved for publication): A restraining order may not be issued under the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17- to -35 (the "Act") unless the judge finds that defendant committed one of the offenses defined in N.J.S.A. 2C:25-19. Cesare v. Cesare, 154 N.J. 394, 400 (1998). Moreover, mere commission of the offence is not enough by itself. Id. at 401-02. In addition, the judge must consider the parties' history, previous threats and physical abuse, as well as whether there is immediate danger to the plaintiff. Ibid.; N.J.S.A. 2C:25-29(a).

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