NEWS: In response to an Appellate Division case, M.A. v. E.A., 388 N.J. Super. 612 (App. Div. 2006), which held that a 15-year-old who had allegedly been raped by her stepfather could not obtain a restraining order against him under the domestic violence statutes because she did not fit the definition of “victim” under those statutes, State Senators Joseph F. Vitale and Loretta Weinberg sponsored Bill S2521, which permits any minor to bring an action for domestic violence and a restraining order. The Bill was introduced in the Senate on January 29, 2007, and was referred to Senate Judiciary Committee.
A companion Bill (A3991) was introduced in the State Assembly by Assemblymen Jack Conners, Linda R. Greenstein, Neil M. Cohen and Upendra J. Chivukula on February 22, 2007. The Bill was reported out of the Assembly Judiciary Committee with Amendments on May 14, 2007, with an explanatory Statement. This Bill would clarify that minors may obtain orders of protection against their abusers pursuant to the child abuse laws set out in Title 9 of the Revised Statutes; but would NOT permit a minor to bring an action for domestic violence and a restraining order.
See my prior Blog Post: Under the Prevention of Domestic Violence Act, a minor child may NOT complain against her step-father for sexually molesting her
Print This Post
NOTE: This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey.
Technorati Tags: , and easy technorati tags for wordpress plugin
Leave a comment
Sorry, the comment form is closed at this time.