A crime is an act that is strongly condemned by society, and hence each nation has its perspective of a crime. It may also be defined as a deliberate act against the law that causes physical or psychological harm or even loss and property damage. For instance, there are statutes against domestic violence in New Jersey. The domestic crime act contains nineteen crimes of which one should be protected from. For example, harassment is a crime, and it can happen when one uses profane language or communicates at inconvenient hours to harass someone intentionally.
Besides, statutes against domestic violence include one or more of the following criminal offenses. They include; homicide, kidnapping, assault, sexual assault, burglary, incest, unlawful restraint, false imprisonment, terroristic threats, illegal sexual contact, criminal mischief, criminal trespass, and stalking (LSNJLAW, 2013). These offenses may be the basis for a court-issued restraining order, fine or even imprisonment. The New Jersey definition of domestic violence can be met when the action is committed by an emancipated minor or an adult. Besides, it falls in the category of domestic violence if it is committed against a person whom the perpetrator has had a previous relationship or is in a relationship with.
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Also, if it is committed against an emancipated minor or a current or former spouse who is eighteen years or older or a person whom the perpetrator has or is expecting a child regardless of the person's age. Moreover, it can be considered domestic violence if it is committed against a former or current household member. According to the law, a law enforcement officer must arrest the suspect, and where a person complains of domestic violence, a criminal complaint must be signed. Besides, the victim must show a sign of injury; there must be an arrest warrant, the officer is beyond doubt convinced that a weapon was used in committing a domestic violence crime or if the victim has violated domestic violence laws.
In the court case going to be discussed, the identities of those involved were hidden to protect the victim of domestic violence. Hence this chosen is N.J. Stat. § 2C:12-3 . The plaintiff reported the defendant claiming to have caused him domestic violence during the time he employed the defendant to take care of his twenty-three-year-old autistic son. The plaintiff accused the defendant of threatening to kill him several times after he laid him off as a result of their disagreements. Besides, the plaintiff reported a history of domestic violence. He mentioned to the court that before that, the defendant had gone into his bedroom and threatened to harm him.
Besides, in this case opinion, State v. Duprey , 427 N.J. Super. 314, the plaintiff had received several calls from the defendant demanding a twenty-year employment contract, four million dollars, and employment benefits. Moreover, the defendant forced the plaintiff to buy some properties that have caused him financial hardship. The plaintiff produced his ex-wife in addition to his testimony and the testimony of a neighbor and a friend. The plaintiff and the defendant were initially in a relationship. However, after the relationship was over, the defendant had changed to the extent that he started becoming abusive towards the plaintiff.
The plaintiff reports of a few instances; he states that in June and in July, the defendant just walked into his room and yelled at him, threatening to hurt him. In the July incident, the defendant told the plaintiff that if he did not move on with their plans, then there would be a hostile and hurtful situation. The plaintiff further stated that the defendant seemed intoxicated and that the events were very frightening to him. The defendant also said that he suffered an infarction in his brain, two detached retinas, and a missing spleen due to the plaintiff's autistic son's violent actions. Following the testimonies, the judge found the defendant guilty by examining his prior histories of violence and hence gave a restraining order to the defendant. If the defendant would break the court's restraining order, then he would be jailed. However, the statute describes the offender’s penalty.
References
The 19 Crimes of Domestic Violence . (2013, March 21). Retrieved from LSNJLAW: https://www.lsnjlaw.org/Family-Relationships/Domestic-Violence/Domestic-Violence-Overview/Pages/19-Crimes-of-DV.aspx
§ 2C:12-3. Terroristic threats, N.J. Stat. § 2C:12-3 (This section is current through New Jersey 219th First Annual Session, L. 2020, c. 37, and J.R. 1 (which is all 2020 legislation received through July 1, 2020) ). Retrieved from https://advance-lexis-com.ezproxy2.apus.edu/api/document?collection=statutes-legislation&id=urn:contentItem:5F0Y-BNR1-6F13-043P-00000-00&context=1516831 .
State v. Duprey, 427 N.J. Super. 314, 48 A.3d 419, 2012 N.J. Super. LEXIS 133, 2012 WL 3101284 (Superior Court of New Jersey, Appellate Division August 1, 2012, Decided). Retrieved from https://advance-lexis-com.ezproxy2.apus.edu/api/document?collection=cases&id=urn:contentItem:567N-BXF1-F04H-W03S-00000-00&context=1516831 .
