DOMESTIC VIOLENCEDOMESTIC VIOLENCEDOMESTIC VIOLENCEDOMESTIC VIOLENCEDOMESTIC VIOLENCE
I. LEGISLATIVE INTENT
N.J.S.A. 2C:25-18 provides: “It is the intent of the
Legislature to stress that the primary duty of a law
enforcement officer when responding to a domestic
violence call is to enforce the laws allegedly violated...
to protect the victim” and “to assure the victims of
domestic violence the maximum protection from abuse
the law can provide.” To that end, the Legislature
“encourages the broad application of the remedies
available under this act in the civil and criminal courts of
this State,” and it intends “that the official response to
domestic violence shall communicate the attitude that
violent behavior will not be excused or tolerated, and..
. that the existing criminal laws and civil remedies created
under this act will be enforced without regard to the fact
that the violence grows out of a domestic situation.”
A. Construction of the Act
The Prevention of Domestic Violence Act is remedial
in nature; therefore, it is to be liberally construed to
achieve its salutary purposes. Cesare v. Cesare, 154 N.J.
394, 400 (1998); J.N. v. D.S., 300 N.J. Super. 647, 650-
51 (Ch. Div. 1996). The Act is designed to ensure that
victims of domestic violence have full access to the
protections of our legal system, including an immediate
response when an offense is suspected. Cesare, 154 N.J.
at 399-400. In relation to the Criminal Code, the
Domestic Violence Act enumerates acts that constitute
domestic violence when the alleged abuser and the victim
have a relationship defined in N.J.S.A. 2C:25-19d.
Therefore, the Act incorporates other criminal statutes,
but it does not create a new class of offenses or proscribe
acts not otherwise addressed by our criminal law. Kamen
v. Egan, 322 N.J. Super. 222 (App. Div. 1999); N.B. v.
T.B., 297 N.J. Super. 35, 40 (App. Div. 1997). It was
designed to protect victims of domestic violence and to
provide uniformity in prosecuting and adjudicating each
claim. D.C. v. F.R., 286 N.J. Super. 589, 597 (App. Div.
1996); Corrente v. Corrente, 281 N.J. Super. 243, 248
(App. Div. 1995).
B. Definition
“Domestic violence” means the occurrence of one or
more of the following acts, inflicted upon a person
protected under this act, by an adult or an emancipated
minor: homicide (N.J.S.A. 2C:11-1); assault (N.J.S.A.
2C:12-1); terroristic threats (N.J.S.A. 2C:12-3);
kidnapping (N.J.S.A. 2C:13-1); criminal restraint
(N.J.S.A. 2C:13-2); false imprisonment (N.J.S.A.
2C:13-3); sexual assault (N.J.S.A. 2C:14-2); criminal
sexual contact (N.J.S.A. 2C:14-3); lewdness (N.J.S.A.
2C:14-4); criminal mischief (N.J.S.A. 2C:17-3);
burglary (N.J.S.A. 2C:18-2); criminal trespass (N.J.S.A.
2C:18-3); harassment (N.J.S.A. 2C:33-4); and stalking
(N.J.S.A. 2C:12-10). N.J.S.A. 2C:25-19a.C. Protected Persons
For domestic violence to be found, the perpetrator
and victim must have a relationship recognized under the
Act. N.J.S.A. 2C:25-19d.1. Victim of Domestic Violence includes:
a. any person who is 18 years of age or older or an
emancipated minor and who has been subjected to
domestic violence by a spouse, former spouse, or any
other person who is a present or former household
member;b. any person, regardless of age, who has been
subjected to domestic violence by a person with whom
the victim has a child in common, or with whom the
victim anticipates having a child in common, if one of the
parties is pregnant.c. any person who has been subjected to domestic
violence by a person with whom the victim has had a
dating relationship.2. Emancipated Minor
An emancipated minor means a person under 18
years of age who has been married, has entered military
service, has a child or is pregnant, or has been previously
declared by a court or an administrative agency to be
emancipated. See Filippone v. Lee, 304 N.J. Super. 301
(App. Div. 1997).3. Household Member
The legislative intent behind the amendment of the
Domestic Violence Act that alters the definition of a
“victim” by removing the word “cohabitant” and
replacing it with “household member” was to expand
coverage of the Act. The amendment extended
protection to individuals who have a close relationship
with the batterer. South v. North, 304 N.J. Super. 104,
109 (Ch. Div. 1997). Being a “household member”
within meaning the Domestic Violence Act requires