New Jersey Domestic Violence
Crisis & Support Services

Domestic Violence

On November 12, 1991, Governor Florio signed into law the Prevention of Domestic Violence Law intended "to assure the victims of domestic violence the maximum protection from abuse the law can provide." [N.J.S.A. 2C:25-17, et seq.]. The following excerpts from the "Legislative findings and declaration" clearly reflect the strong policy of the Legislature in responding to this social illness:

The Legislature finds and declares that domestic violence is a serious crime against society; that there are thousands of persons in this State who are regularly beaten, tortured and in some cases even killed by their spouses or co habitants; that a significant number of women who are assaulted are pregnant; that victims of domestic violence come from all social and economic backgrounds and ethnic groups; that there is a positive correlation between spousal abuse and child abuse; and that children, even when they are not themselves physically assaulted, suffer deep and lasting emotional effect from exposure to domestic violence. It is therefore, the intent of the Legislature to assure the victims of domestic violence the maximum protection from abuse the law can provide.

The Domestic Violence Act [N.J.S.A. 2C:25-17, et seq.] was further amended in 1994 to provide the following:

1. Additional notification in domestic violence matters under certain circumstances and requiring psychiatric examinations of defendants in domestic violence matters. [P.L. 1994, c. 137];
2. Permission to certain victims of domestic violence to register to vote without disclosing a street address;
3. The establishment of a Domestic Crisis Team. [P.L. 1994, Ch. 93]; and
4. The addition of "stalking " under N.J.S.A.2C:12-10 as an incidence of domestic violence. [P.L. 1994, Ch. 94].

In June, 1992 the New Jersey Attorney General released the ninth annual report on domestic violence. In accordance with State Police Uniform crime statistic there were 55,698 domestic violence offenses in 1991 and 19,127 arrests. Less than one-half of domestic violence incidents are reported to police each year. These were the largest numbers since the New Jersey State Police began keeping such statistics in 1983.

In 1991 there were 34,319 assaults, 120 charges of criminal restraint, thirty-two cases of false imprisonment, 2,768 cases of criminal mischief, 382 burglaries and 17,887 incidents of harassment, all being considered domestic disputes.

In 1991 there were sixty-one murders growing out of domestic disputes, twenty kidnappings, eighty-two sexual assaults, nineteen cases of criminal sexual contact and eight charges of lewdness.

Overall, women were the victims in 84.6 percent of the cases in 1991. In more than half of the incidents, children were either involved or present when the violence occurred. Children were involved in nine percent of the incidents of domestic violence and present for forty-four percent.

Provisions of the new act which are designed to afford the victims more protection are:

1. The mandatory arrest requirement which states that a police officer must arrest and take into custody a domestic violence suspect and must sign a criminal complaint against the person if the victim exhibits signs of injury caused by an act of domestic violence.

2. The police officer can seize any weapon on the premises if there is probable cause to believe that an act of domestic violence was committed and when there is a reasonable belief on the part of the officer that the weapon would expose the victim to bodily injuries.

3. The police officer must take into consideration the right of the victim to defend herself; and

4. The court may issue temporary restraining orders to a person, even if that person is not physically present.

5. The new law added homicide, terroristic threats and criminal trespass to the already existing ten offenses and defines a "victim of domestic violence" to be a person:

1. who is eighteen years of age or older, or
2. who is an unemancipated minor, and
3. who has been subjected to domestic violence by "a) a spouse, b) a former spouse, c) any other person who is a present or former household member, or d) a person with whom the victim has a child in common." N.J.S.A. 2C:25-3(d).