New Jersey Section 2C:25-29.4 – Surcharge for domestic violence offender to fund grants.

New Jersey’s Domestic Violence Surcharge: What You Need to Know

Domestic violence is a serious issue that impacts countless families across New Jersey and the entire United States. In an effort to provide more services for victims while also holding offenders accountable, New Jersey enacted a surcharge that applies specifically to those convicted of domestic violence offenses.

This surcharge, outlined in New Jersey Statute 2C:25-29.4, imposes additional fines on top of any other penalties associated with a domestic violence conviction. The funds collected through this surcharge are used to provide grants for domestic violence prevention and awareness programs.

In this article, we’ll break down everything you need to know about New Jersey’s domestic violence offender surcharge, including:

• What offenses trigger the surcharge
• How much the surcharge is
• Where the money goes
• The purpose behind the surcharge
• Potential legal challenges

Let’s take a closer look at how this surcharge works and its role in addressing domestic violence in the state of New Jersey.

What Offenses Trigger the Domestic Violence Surcharge?

Not every criminal conviction in New Jersey carries the domestic violence offender surcharge. As its name suggests, it only applies to certain domestic violence-related crimes.

Specifically, Section 2C:25-29.4 states that the surcharge applies to someone convicted of “an act of domestic violence, as that term is defined in section 3 of P.L.1991, c.261 (C.2C:25-19).”

This refers to New Jersey’s Prevention of Domestic Violence Act, which defines domestic violence broadly. An “act of domestic violence” includes offenses such as:

• Simple assault
• Terroristic threats
• Harassment
• Stalking
• Criminal restraint
• Sexual assault
• Criminal sexual contact
• Criminal mischief
• Burglary
• Criminal trespass
• Kidnapping

The unifying thread is that these offenses must be committed against a current or former household member, someone with whom the offender has a child in common, or someone with whom the offender has had a dating relationship.

So in summary – if the offense involves violence against a domestic partner or family member, and it falls under the domestic violence definition, the surcharge can come into play.

Where Does the Money From the Surcharge Go?

More specifically, the surcharge money funds competitive grants administered by the Department of Children and Families, Victims of Crime Compensation Office (VCCO). Qualified programs can apply for these grants by submitting proposals for initiatives in the following areas:

• Preventing domestic violence by promoting healthy relationships and marriage
• Educating youth and parents about domestic violence and its prevention
• Enhancing safety of domestic violence victims and holding offenders accountable
• Improving investigation and prosecution of domestic violence crimes
• Increasing counseling, legal advocacy, and other services for victims and their families

The grants support programs across New Jersey that align with these goals. For example, a nonprofit could receive funding to implement a healthy relationship workshop for teens, or a county prosecutor’s office could obtain a grant to improve their domestic violence response protocols.

This way, the money paid by offenders as part of the surcharge directly supports services and resources for those impacted by domestic violence.

Ongoing support and funding remains vital for shelters, counseling, legal help, and other services. Surcharges like the one in New Jersey can make a meaningful difference by ensuring victims have access to resources.

At the same time, reducing domestic violence requires comprehensive prevention efforts addressing root causes like poverty, substance abuse, and toxic masculinity norms. Rethinking criminal justice responses to prioritize rehabilitation and community-based support systems is also key.

As we work to envision and build safer communities for all families, surcharges on domestic violence offenders represent one piece of a complex puzzle. Such targeted measures can complement broader cultural and systemic changes needed to end the epidemic of domestic abuse once and for all.