Domestic violence protections are strengthened
In New Jersey, victims of domestic violence are often wise to ask the court for a restraining order against the abuser. It is sometimes possible to attain a preliminary restraining order without even facing the abusive person. New Jersey law protects not only married spouses from domestic abuse, but also domestic partners, parents, children and those in dating relationships.
Both New Jersey state lawmakers and federal lawmakers have been working recently to strengthen protections for victims of domestic violence.
Late last month, the New Jersey General Assembly approved a bill that would allow domestic violence victims to testify through a closed circuit television, rather than in court in front of the defendant. This bill has not yet been taken up by the Senate.
The New Jersey General Assembly also approved a bill that would allow victims of violence that is gender-motivated to sue their assailants regardless of whether criminal charges have been filed. The bill was reportedly inspired by the federal Violence Against Women Act of 1994, which the U.S. Senate expanded this week.
The federal law will now give protections to gay victims of domestic violence as well as give additional power to American Indian tribal courts. The latter piece was quite controversial.
Previously, when American Indian women or men were attacked by non-Indians on tribal land, they had extremely limited protections. This is because neither the tribal government nor the state or federal government had jurisdiction over such cases.
Now, tribal courts will be able to prosecute these cases.
It is very important that the state and the country continue to focus on preventing domestic violence and protecting victims. There are more than 70,000 reports of domestic violence each year in New Jersey, and nationwide three women are killed by their boyfriends or husbands every day. Those who are victims of domestic violence in New Jersey may be wise to seek immediate legal counsel.
Source: The New York Times, “Measure to Protect Women Stuck on Tribal Land Issue,” Jonathan Weisman, Feb. 10, 2013
Source: NorthJersey.com, “N.J. Assembly passes bills aimed at domestic violence victims,” Michael Linhorst, Jan. 28, 2013
- To learn more about how to protect yourself or your children from domestic violence with a restraining order and other legal actions, please visit our New Jersey law firm’s domestic violence page.