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 whether the litigation was initiated in bad faith for harassment, delay, or malicious injury, or if the non-prevailing party knew or should have known that their claims lacked a reasonable basis in law or equity. The bill explicitly adds that such frivolous litigation can be part of a pattern of coercive control as defined in the Prevention of Domestic Violence Act.

Additionally, the bill establishes a structured penalty system for frivolous litigation in domestic violence cases, imposing fines of $5,000 for the first instance, $10,000 for the second, and $15,000 for any subsequent instances. These civil penalties are to be collected according to the Rules of Court and will be directed to the Domestic Violence Victims Fund. This legislative change aims to deter the misuse of the legal system in domestic violence situations, recognizing the detrimental impact of retaliatory litigation on victims.

Statutes affected:
Introduced: 2A:15-59.1