New Jersey Assembly Bill A5746

New Jersey 2024-2025 Regular Session

• Introduced: 6/12/25
• Refer: 6/12/25

Caption

Imposes civil monetary penalties for frivolous litigation in domestic violence cases.

Impact

If enacted, this bill will amend existing laws regarding how frivolous litigation is defined and sanctioned in domestic violence cases. The legislation signals a serious stance against the misuse of the legal process in these sensitive scenarios, aiming to provide victims of domestic violence with greater protections against retaliatory legal actions. Collectively, the fines collected from these penalties will be directed to the Domestic Violence Victims' Fund, which could help support those affected by domestic violence.

Summary

Assembly Bill A5746 aims to impose civil monetary penalties for frivolous litigation specifically in the context of domestic violence cases. The bill recognizes that some parties may engage in frivolous litigation as a tactic of coercive control against victims, which can further exacerbate their abuse. Those filing or continuing litigation without a reasonable basis, primarily to harass or deter victims, will face penalties, allowing courts to impose fines of $5,000 for the first offense, $10,000 for a second, and $15,000 for each subsequent infraction.

Contention

Notable points of contention surrounding A5746 may include discussions on how broadly the terms of frivolous litigation and coercive control are interpreted, as well as debates regarding whether current judicial mechanisms already adequately address these issues. Critics might argue that additional penalties could discourage legitimate claims or overwhelm the court system with the increased scrutiny of filed cases under this new standard. On the other hand, supporters highlight the necessity of such measures to protect vulnerable individuals from manipulative and abusive behaviors disguised as litigation.