New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S1809

Introduced
2/28/22  
Refer
2/28/22  

Caption

Adds coercive control to definition of domestic violence.

Impact

The passage of S1809 would amend the existing domestic violence statutes as outlined in P.L.1991, c.261, enhancing the ability of courts to issue restraining orders and other protective measures when coercive control is evidenced. This bill aims to empower victims more effectively by legitimizing their experiences of psychological abuse and equipping law enforcement and legal entities with clearer mandates to act against such behaviors. The amendments are expected to facilitate more comprehensive judicial responses during domestic violence hearings and could lead to increased accountability for abusers.

Summary

Senate Bill S1809 aims to expand the definition of domestic violence within New Jersey's existing legislation by including the concept of coercive control. By redefining domestic violence to encompass behaviors that unreasonably interfere with a person's freedom and personal liberty, the bill seeks to provide greater protection for victims. Coercive control involves tactics such as isolation, intimidation, and deprivation of basic necessities, thereby highlighting the psychological aspects of abusive relationships which were previously unaddressed. This inclusion reflects a growing recognition of the need to address non-physical forms of abuse within the legal framework.

Sentiment

The sentiment surrounding S1809 appears to be largely supportive, with advocates emphasizing its potential to protect victims and create a more holistic understanding of domestic violence. Supporters, including many legislators and advocacy groups, argue that by integrating coercive control into legal definitions, the law will reflect the realities faced by many victims of domestic violence. However, there may also be concern regarding the implementation of these definitions in practice, with discussions focused on ensuring that there are clear guidelines and sufficient resources for law enforcement and the judiciary to respond appropriately to these new elements.

Contention

While S1809 is framed as a progressive step forward in tackling domestic violence, there may be points of contention related to how coercive control is defined and proven in court. Critics may argue that the subjective nature of psychological abuse could lead to misuse of the law or potential overreach in applying legal sanctions. It is essential for the bill's implementation to include training for law enforcement and judicial personnel to navigate these complexities and ensure that the protections offered do not inadvertently disadvantage certain groups. Balancing rigorous protections with fair legal processes will be crucial as this legislative change unfolds.

Companion Bills

NJ A1475

Same As Requires court to consider information concerning coercive control in domestic violence proceedings.

Similar Bills

NJ A1475

Requires court to consider information concerning coercive control in domestic violence proceedings.

NJ S4066

Establishes that final restraining order survives plaintiff's death where other persons are also protected; requires prosecutors to provide notice of defendant's release to other persons protected by order.

NJ A5477

Establishes that final restraining order survives plaintiff's death where other persons are also protected; requires prosecutors to provide notice of defendant's release to other persons protected by order.

NJ A2998

Permits court to order counseling for children in households with domestic violence in appropriate cases; establishes presumption of award of custody to domestic violence victim in appropriate cases.

NJ S1774

Concerns counseling for children who were either physically present or who may have seen or heard act of domestic violence.

NJ A567

Permits court to order counseling for children in households with domestic violence in appropriate cases; establishes presumption of award of custody to domestic violence victim in appropriate cases.

NJ A229

Establishes standards for domestic violence counseling and creates "Abuse Intervention Program Advisory Committee."

NJ A5567

Permits court to order counseling for children in households with domestic violence in appropriate cases; establishes presumption of award of custody to domestic violence victim in appropriate cases.