The New Jersey Domestic Violence Act
Domestic violence is likely not a topic that you would think would be of major
importance to a college campus community, but this past year I have personally
seen at least four separate on-campus incidents that also led to the arrest of one
or more of the parties involved. But by staying informed of the law, you can help
to protect yourself and prevent such a situation from occurring to you.
What is domestic violence?
There are two factors one has to think about when deciding whether a criminal
act falls under the category known as domestic violence. The first is the type of
offense, and the second is the ages of and relationship between the individuals
involved in the offense:
1) The criminal offenses that have the potential to be considered a "domestic
violence offense" include any of the following 14 offenses: homicide, assault,
terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual
assault, lewdness, criminal sexual contact, criminal mischief, burglary, criminal
trespass, harassment, or stalking.
2) Any of the above listed offenses may constitute domestic violence when the
victim is:
- 18 years old or older, or who is 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, or;
- who, regardless of age, has been subjected to domestic violence by a
person with whom the victim has had a child in common, or with whom the
victim has had a dating relationship. The victim in the dating relationship may
be below the age of 18, but the domestic violence assailant must be over the age
of 18 or emancipated at the time of the offense.
Why is this important to you as an on-campus resident?
The items I have bolded above are the ones most relevant to a college
community. This is because the most common situations where I have seen a
member of the college community be charged with a domestic violence related
offense is in incidents that occurred between those in dating relationships and in
incidents that occurred between roommates (household members).
Remember, according to the above rules, individuals in a dating relationship do
not actually have to live together for the assailant to be charged with a domestic
violence offense, nor does the actual offense have to take place indoors or at a
residence. For example, the law considers communication that is "likely to cause
annoyance or alarm" as a form of harassment, and so this can occur even
without physical contact between the parties involved (e.g. the communication
could be in the form of harassing telephone calls or emails). Moreover, an act of
domestic violence can occur between (college) roommates who are not dating
and who are not related to each other.
Mandatory Arrest Situations
Another fact to keep in mind is that police are required to effect an arrest under
the domestic violence laws if at least one of the parties involved was either
injured or complains of pain – even if they have no sign of physical injury – or if a
weapon was involved in the offense, or if an arrest warrant existed on anyone
involved, or if there was a violation of an existing restraining order. These are
situations where police have limited discretion in how to resolve the matter.
All of us at the NJIT Department of Public want you to have a safe and
successful year, and it is our hope that by informing you of the law, you will be
able to do just that. If you have any questions or concerns about the issues
discussed here, always feel free to reach out to me directly at
bodas@adm.njit.edu.
Officer Jay Bodas
NJIT PD
