The New Jersey 家庭暴力法
The New Jersey 家庭暴力法
Domestic violence is likely not a topic that you would think would be of major
importance to a college campus 社区, but this past year I have personally
seen at least four separate on-campus incidents that also led to the arrest of one
或者更多的参与方. But by staying informed of the law, you can help
to protect yourself and prevent such a situation from occurring to you.
什么是家庭暴力?
There are two factors one has to think about when deciding whether a criminal
act falls under the category known as domestic violence. 第一个是类型
offense, and the second is the ages of and relationship between the individuals
犯罪的:参与犯罪的:
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
非法侵入、骚扰或跟踪.
2) Any of the above listed offenses may constitute domestic violence when the
受害者是:
- 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
一个人是 现任或前任家庭成员, or;
- who, regardless of age, has been subjected to domestic violence by a
person 和谁一起? victim has had a child in common, or 和谁一起?
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
社区. This is because the most common situations where I have seen a
member of the college 社区 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
住宅. 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. 的通信
could be in the form of harassing telephone calls or emails). 此外,一个行为
domestic violence can occur between (college) roommates who are not dating
and who are not related to each other.
强制逮捕情况
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. 这些都是
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
能够做到这一点. If you have any questions or concerns about the issues
discussed here, always feel free to reach out to me directly at
bodas@adm.威尼斯人娱乐城.edu.
杰伊·博达斯警官
威尼斯人娱乐城PD