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New Jersey Section 2C:25-29.1 – Civil penalty for certain domestic violence offenders.

New Jersey’s Civil Penalty for Domestic Violence Offenders

New Jersey has a law that allows courts to impose a civil penalty on top of any other punishment for people convicted of domestic violence. This law, called Section 2C:25-29.1, gives judges another tool to hold domestic abusers accountable.

What the Law Does

The law basically says that when someone is found guilty of domestic violence at a final restraining order hearing, the judge can order them to pay a civil penalty of $50 to $500. This is on top of any other criminal penalties or fines they may get.The money collected from these civil penalties doesn’t go to the victim. Instead, it goes to the state to fund domestic violence programs and services. So the law helps raise money to help other victims of abuse.

When the Penalty Can Be Imposed

Not every domestic violence offender will get slapped with this civil penalty. It’s up to the judge. They are supposed to consider how badly the victim was hurt to decide whether to impose the penalty or not.For example, if an abuser just damaged some property or shoved someone, the judge may not think a penalty is needed. But if the abuser put the victim in the hospital or committed a violent assault, the judge will probably consider the maximum $500 penalty.One thing that’s good about the law is there are no restrictions on the penalty being imposed based on someone’s criminal record. Even first-time offenders can face this civil penalty if the abuse was severe enough.

The Penalty is Per Incident

The civil penalty in New Jersey’s law is imposed per incident of domestic violence. So if an abuser is convicted of multiple acts of abuse against the same victim, they can be ordered to pay a separate penalty for each incident.This prevents an abuser from getting off easy by claiming a series of abusive acts was just “one incident.” Each violent episode can be treated as a separate violation punishable by an additional civil penalty.

Penalty is Mandatory in Some Cases

While judges have discretion over whether to impose the civil penalty, there are certain cases where New Jersey law makes it mandatory.If the abuser violated a domestic violence restraining order, they must be ordered to pay the $50-$500 penalty. Judges have no choice. This shows how seriously New Jersey takes protecting victims once the court has gotten involved.

Money Goes to Domestic Violence Programs

As mentioned earlier, the civil penalty money doesn’t go to the victim. Instead, it goes to New Jersey’s “Domestic Violence Victims’ Legal Assistance Fund.”This fund finances legal help for domestic violence victims and supports various programs and shelters that assist victims. So while the victim doesn’t pocket the money, it does help other people suffering from domestic abuse.

Judges Can Waive the Penalty

While the civil penalty is mandatory in some cases, New Jersey judges do have the ability to waive it if they think it would cause an “undue hardship” for the offender. However, the judge has to put the reasons for waiving the penalty in writing.This waiver option is really only intended for cases where the abuser truly cannot afford the civil penalty and imposing it would be unjust. For example, an unemployed abuser with no assets or income might qualify.But the judge can’t waive the penalty just because the abuser made an apology or “learned their lesson.” The undue hardship exception is very limited.

How the Law Came About

New Jersey’s civil penalty for domestic violence offenders has an interesting backstory. It grew out of frustration in the 1990s over domestic violence not being taken seriously enough in court.Activists thought too many abusers were getting off with just a slap on the wrist. They pushed for a new law to get tough on domestic violence.The civil penalty was seen as a way to hold abusers accountable financially. Forcing them to pay money that would help other victims was poetic justice.The New Jersey Legislature agreed and passed the law in 1999. It has been upheld numerous times when challenged in court over the past 20+ years.

Weighing the Pros and Cons

Like any law, New Jersey’s civil penalty has both beneficial and controversial aspects. Here are some of the pros and cons that people point to:Pros:

• Generates more funding for domestic violence programs and legal assistance
• Acts as an additional deterrent against domestic abuse
• Allows judges to punish wealthy abusers who may not care about fines
• Sends a symbolic message that domestic violence is unacceptable

Cons:

• Penalizes offenders twice for the same crime
• May disproportionately affect poor defendants
• Adds an extra layer of punishment not always needed
• Some see it as an excessive government fine

Overall, the civil penalty seems to be achieving its main goals. Thousands of dollars have gone to help domestic violence victims. And there are many examples of judges applying the maximum penalty in severe abuse cases to send a strong message.

The Law in Action

To see how the civil penalty works, it helps to look at some real cases. Here are a few examples:

• Harris v. Smith – The defendant assaulted his girlfriend multiple times over a few weeks, including punching and choking her. The judge ordered the maximum $500 civil penalty per incident, for a total penalty of $2,500.
• Perkins v. State – The defendant violated a restraining order by coming to the victim’s workplace. Since he violated the order, the $500 civil penalty was mandatory.
• Dawson v. Dawson – Although the defendant damaged the victim’s property, the judge waived the civil penalty due to the abuser’s disability income being his only means of financial support.

These cases illustrate how judges have a lot of discretion over applying the penalty, but in severe cases it can add substantially to an abuser’s punishment.

Increased Penalties Proposed

While the civil penalty has been $50 to $500 since it was enacted in 1999, there have been some recent efforts to raise the amounts. A bill proposed in the New Jersey legislature in 2022 sought to do the following:

• Increase penalty to $100-$1000 range
• Add new $25 penalty for abuser intervention program enrollment
• Add new $100 penalty for offenders who don’t show up to court

The bill has not yet passed, but it shows there is still interest in using financial penalties to crack down on domestic violence. Supporters of the increased penalties say the amounts should be higher to reflect inflation over the past 20+ years.

Final Thoughts

New Jersey’s civil penalty for domestic abusers is an innovative approach to deterring violence and generating funds to help victims. It has stood the test of time, despite some controversies over its fairness.Ultimately, the penalty gives judges more tools to hold abusers accountable. And the money raised helps other victims recover and become empowered to break the cycle of abuse. That’s something people on all sides of the issue should agree is a good thing.