dismissed criminal charges from defendant’s record, but
not records of domestic incident and matrimonial action
stemming from same incident, was proper. Matter of
M.D.Z., 286 N.J. Super. 82 (App. Div. 1995).
D. Immunity
Pursuant to N.J.S.A. 2C:25-22: a law enforcement
officer, a member of a domestic crisis team or any person
who, in good faith, reports a possible incident of domestic
violence to the police shall not be held liable in any civil
action brought by any party for an arrest based on
probable cause, enforcement in good faith of a court
order, or any other act or omission in good faith under
this Act. But see Campbell v. Campbell, 294 N.J. Super.
18 (Law Div. 1996) (holding that Tort Claims Act
provision regarding discretionary acts did not provide
police department and officers with immunity from
shooting victim’s negligence action arising when officers
responded to unwanted guest call, officers failed to arrest
guest who was subject to domestic violence restraining
order, and guest later shot victim; officers were not
performing discretionary act when they responded to
call).
E. Joinder of Claims
For a discussion of domestic violence complaints and
joinder of claims under the entire controversy doctrine,
see Oliver v. Ambrose, 152 N.J. 383, 400 (1998); Lickfield
v. Lickfield, 260 N.J. Super. 21 (Ch. Div. 1992).
F. Double Jeopardy
For a discussion of civil and criminal domestic
violence complaints in relation to double jeopardy, see
State v. Morton, 292 N.J. Super. 92 (App. Div. 1996).
G. Ineffective assistance of counsel
See State v. Keys, 331 N.J. Super. 480 (Law Div.
1998)(discussing ineffective assistance of counsel for
failing to move to sever contempt for disobeying a
domestic violence restraining order from other charges
arising from violent attack on defendant’s former
girlfriend).
H. Federal Law
See Violence Against Women Act (VAWA), 18
U.S.C. and 42 U.S.C.A. C.136, sub. ch. 111; United
States v. Morrison, 529U.S.598 120 S.Ct. 1740, 146
L.Ed.2d 658 (2000).For a discussion of the Domestic Violence Act in
relation to a claim under 42 U.S.C. § 1983. See Brown
v. Grabowski, 922 F.2d 1097 (3d Cir. 1990), cert. denied,
501 U.S. 1218, 111 S.Ct. 2827, 115 L.Ed.2d 997
(1991); Nannay v. Rowan College, 101 F. Supp.2d 272
(D.N.J. June 30, 2000).