The Assembly Judiciary Committee considered a number of bills addressing domestic violence following Chairperson Ellen Park’s remarks outlining recent and ongoing efforts to strengthen protections for survivors of domestic violence. Most were met with support and all were voted out of committee. However testimony by the Administrative Office of the Courts signaled caution regarding a proposed pilot program to create an Integrated Domestic Violence Court similar to New York’s system. The New Jersey State Bar Association is monitoring the progress of these bills.
“Unlike New York, New Jersey already uses a unified court system,” said Pamela Gellert, testifying on behalf of the AOC. “Accordingly, we employ the one judge, one family system for family court matters in this state.”
A5425 (Peterpaul) proposes to combine domestic violence cases, matrimonial cases, and related criminal matters into one court. Testimony by the AOC pointed out that domestic violence cases are heard in more than one court – municipal, family and criminal courts depending on the allegations. “In light of New Jersey’s unified court system and the manner in which DV-related offenses are charged and prosecuted, it would not be possible to create the type of court docket envisioned by this legislation.”
Nicole Morella from the New Jersey Coalition to End Domestic Violence testified that there may be opportunities for an integrated court system to increase access to services and pointed out their work with abuse intervention programs. She recommended a meeting with stakeholders including the AOC to further the goals of the legislation and pointed out concerns about dropping the New York system in New Jersey.
The bill was voted out of committee by a vote of 3-2.
Other domestic violence bills considered were:
A3732 (Murphy) – Establishes a third-degree crime for certain trespasses involving victims of domestic violence. The bill was amended to establish the crime as a residential burglary rather than a defiant trespasser and to clarify that a person commits a third-degree crime only when the victim is protected by a final restraining order.
A3734 (Murphy) – Permits the court to order the transfer of billing responsibility for, and rights to, wireless telephone numbers to certain victims of domestic violence or stalking.
The bill was amended to require the victim or the victim’s designee, rather than the court, to send to the wireless provider any order issued by the court requiring the provider to transfer financial responsibility. The NJSBA supports this bill.
A567 (Stanley) – Permits the court to order counseling for children in households with domestic violence in appropriate cases. The bill was amended to clarify that counseling is available to any minor child of either party to the domestic violence complaint, rather than children who may have witnessed or been exposed to domestic violence while residing in the household; and clarify that, absent good cause to the contrary, and at the victim’s request, the court order provide the victim not be in the same room as the person found to have committed an act of domestic violence. The NJSBA is monitoring this legislation.
A1802 (Carter) – Requires law enforcement officers to conduct danger assessments of domestic violence victims and help high-risk victims. The NJ Coalition to End Domestic Violence testified in support of this bill with amendments to inform victims of the purpose of the assessment, how the information is to be used and who will have access to the information. Morella also pointed out the inconsistent practice among law enforcement entities regarding when and what information is provided to victims and urged a streamlined, consistent guideline for law enforcement to ensure domestic violence advocates are activated appropriately. Assemblywoman Linda Carter testified with assurances that she is working with NJCEDV to address these proposed amendments.
A5426 (Katz) – Requires a state domestic violence public awareness campaign to add information on coercive control and requires annual reporting on activities of the campaign. It also expands the range of languages for this information. The NJCEDV testified that the greatest challenge is the lack of judicial awareness regarding coercive control and urged amendments to include training to judges on the issue. Assemblyman Robert Auth pointed out that the Attorney General’s office is statutorily required to issue criminal statistics on domestic violence and has not issued a report since 2020. The NJSBA is monitoring this bill.
Bill To Expand DWI Interlock Ignitions Moves Out of Assembly Committee, Faces Full Assembly Vote
The Assembly Judiciary Committee voted out a bill that would afford person who is required to forfeit the right to operate a motor vehicle may, in lieu of forfeiting their driver’s license install an ignition interlock device. S4144(Scutari)/A5411 (Murphy) passed the Senate 27-10 and remains pending in the full Assembly.
Following testimony from attorney Steven Benvenisti on behalf of Mothers Against Drunk Driving, a victim of an accident by a person who was driving while intoxicated, Assemblyman Gerry Scharfenberger and Auth voted in favor of the bill. They cited to his testimony for the switch in support.
Benvenisti credited the interlock law with a reduction in driving while intoxicated offenses. The NJSBA is monitoring this bill.