This bill amends existing law to impose civil monetary penalties for frivolous litigation specifically in domestic violence cases. It allows courts to consider whether a party has engaged in frivolous litigation as part of a pattern of coercive control against a victim of domestic violence. The criteria for determining frivolous litigation include actions taken in bad faith for harassment, delay, or malicious injury, as well as the knowledge of the non-prevailing party that their claims lacked a reasonable basis in law or equity. The bill highlights the misuse of legal processes in domestic violence situations, recognizing that such tactics can exacerbate the abuse.

Under the new provisions, if a court finds that a party has engaged in frivolous litigation in a domestic violence case, it will impose escalating civil penalties of $5,000 for the first instance, $10,000 for the second, and $15,000 for any subsequent instances. These penalties are in addition to any other relief granted and will be directed to the Domestic Violence Victims Fund. This legislative change aims to deter frivolous claims in domestic violence cases and provide additional support for victims.

Statutes affected:
Introduced: 2A:15-59.1