New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S4095

Introduced
11/30/23  

Caption

Establishes protections from abusive and controlling litigation for victims of domestic violence.

Impact

The implications of S4095 on state law include enhancing the judicial process for assessing litigation that targets domestic violence victims. The bill mandates that victims can file motions to identify abusive litigants, who, upon court determination, may face restrictions on their ability to initiate further litigation against these victims. This aims to reduce the emotional and financial strain on victims who might be subjected to continuous litigation initiated by their abuser.

Summary

Senate Bill S4095 establishes new protections for victims of domestic violence against abusive and controlling litigation. It defines 'abusive and controlling litigation' as legal actions taken in bad faith primarily to delay proceedings, inflict malicious injury, or harass and intimidate victims. The intent of this bill is to provide a more robust legal framework that expands upon existing laws which primarily focus on frivolous litigation by adding specific provisions to protect domestic violence victims further.

Contention

Notable points of contention surrounding S4095 involve concerns about the potential misuse of this bill by supposed victims. Critics worry that the bill could enable individuals to weaponize the court protection against legitimate legal actions initiated by their adversaries. However, proponents argue that the rigorous definitions and requisites for establishing what constitutes abusive and controlling litigation provide sufficient safeguards against such misuse, ensuring that genuine victims are protected from harassment.

Companion Bills

No companion bills found.

Previously Filed As

NJ S2433

Establishes protections from abusive and controlling litigation for victims of domestic violence.

MA S1205

Relative to controlling and abusive litigation

MA H1594

Relative to controlling and abusive litigation

FL S0296

Victims of Domestic Violence and Dating Violence

FL S0240

Victims of Domestic Violence and Dating Violence

NJ A4725

Establishes alternative pathway for victims of domestic violence to obtain certain identification cards and licenses from MVC.

OR SB1096

Relating to the protection of domestic violence victims.

NJ S4389

Establishes alternative pathway for victims of domestic violence to obtain certain identification cards and licenses from MVC.

NJ S1210

Provides rental and lease protections for victims of domestic violence, sexual assault, or stalking.

MO SB1741

Modifies provisions relating to rental protections for victims of domestic violence

Similar Bills

No similar bills found.