New Jersey Senate Bill S4095

New Jersey 2022-2023 Regular Session

• Introduced: 11/30/23
• Refer: 11/30/23

Caption

Establishes protections from abusive and controlling litigation for victims of domestic violence.

Impact

The implications of S4095 on state law include enhancing the judicial process for assessing litigation that targets domestic violence victims. The bill mandates that victims can file motions to identify abusive litigants, who, upon court determination, may face restrictions on their ability to initiate further litigation against these victims. This aims to reduce the emotional and financial strain on victims who might be subjected to continuous litigation initiated by their abuser.

Summary

Senate Bill S4095 establishes new protections for victims of domestic violence against abusive and controlling litigation. It defines 'abusive and controlling litigation' as legal actions taken in bad faith primarily to delay proceedings, inflict malicious injury, or harass and intimidate victims. The intent of this bill is to provide a more robust legal framework that expands upon existing laws which primarily focus on frivolous litigation by adding specific provisions to protect domestic violence victims further.

Contention

Notable points of contention surrounding S4095 involve concerns about the potential misuse of this bill by supposed victims. Critics worry that the bill could enable individuals to weaponize the court protection against legitimate legal actions initiated by their adversaries. However, proponents argue that the rigorous definitions and requisites for establishing what constitutes abusive and controlling litigation provide sufficient safeguards against such misuse, ensuring that genuine victims are protected from harassment.