Regrettably, there are quite a number of domestic violence incidents each year in New Jersey. For example, the Essex County Superior Court alone processes 4,500 cases. Some domestic violence cases arise from the emotional tumult that can accompany a divorce or the dissolution of a relationship. In other instances, spousal abuse is what precipitates the end of the relationship.

Victims of domestic violence have legal options to make themselves safer, including asking the court to issue a restraining order against the other party. But the New Jersey General Assembly is considering legislation that would provide victims with additional protections as they seek to obtain a restraining order.

The bill would permit the victim to testify about the alleged incident from a remote location using videoconferencing equipment. The video would be shown in the courtroom, where the defendant or the defendant’s attorney could cross-examine the victim. The bill is intended to reduce the intimidation that an alleged abuser can exert on a victim when both appear in the courtroom for a hearing on a restraining order.

In some cases, the parties appear pro se–without legal representation–so the defendant ends up cross examining the victim. Legislators are concerned that a defendant in a domestic violence case may have a significant ability to coerce the victim’s testimony with tacit threats. By removing the victim from the defendant’s physical presence to a location of safety, the victim may be able to provide fuller, more complete, testimony without fear of retribution.

There are opponents who say that allowing the victim to testify from without the courtroom impermissibly infringes on defendants’ constitutional rights to confront witnesses against them, but this legal question will have to be resolved by the lawmakers and perhaps the courts if the law is passed and subsequently challenged.

Source: The Star-Ledger, “Editorial: N.J. bill could make domestic violence accusers feel safe,” Oct. 4, 2012

• Restraining orders can be issued to protect those who are in various kinds of relationships, from those who are married to those who are dating. You can learn more by visiting our Kingston domestic violence page.