ASSEMBLY, No. 5746

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED JUNE 12, 2025

 

 

Sponsored by:

Assemblywoman  JESSICA RAMIREZ

District 32 (Hudson)

 

 

 

 

SYNOPSIS

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

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning frivolous litigation, and amending P.L.1988, c.46.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1. Section 1 of P.L.1988, c.46 (C.2A:15-59.1) is amended to read as follows:

     1. a. (1) A party who prevails in a civil action, either as plaintiff or defendant, against any other party may be awarded all reasonable litigation costs and reasonable attorney fees, if the judge finds at any time during the proceedings or upon judgment that a complaint, counterclaim, cross-claim or defense of the nonprevailing person was frivolous. 

     (2) When a public entity is required or authorized by law to provide for the defense of a present or former employee, the public entity may be awarded all reasonable litigation costs and reasonable attorney fees if the individual for whom the defense was provided is the prevailing party in a civil action, and if there is a judicial determination at any time during the proceedings or upon judgment that a complaint, counterclaim, cross-claim, or defense of the nonprevailing party was frivolous. 

     b. In order to find that a complaint, counterclaim, cross-claim or defense of the nonprevailing party was frivolous, the judge shall find on the basis of the pleadings, discovery, or the evidence presented that either: 

     (1) The complaint, counterclaim, cross-claim or defense was commenced, used or continued in bad faith, solely for the purpose of harassment, delay, [or] malicious injury, or in an action pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.), as part of a pattern of coercive control as that term is used pursuant to paragraph (7) of subsection a. of section 13 of P.L.1991, c.261 (C.2C:25-29); or 

     (2) The nonprevailing party knew, or should have known, that the complaint, counterclaim, cross-claim or defense was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification or reversal of existing law. 

     c. A party or public entity seeking an award under this section shall make application to the court which heard the matter.  The application shall be supported by an affidavit stating in detail: 

     (1) The nature of the services rendered, the responsibility assumed, the results obtained, the amount of time spent by the attorney, any particular novelty or difficulty, the time spent and services rendered by secretaries and staff, other factors pertinent in the evaluation of the services rendered, the amount of the allowance applied for, an itemization of the disbursements for which reimbursement is sought, and any other factors relevant in evaluating fees and costs; and 

     (2) How much has been paid to the attorney and what provision, if any, has been made for the payment of these fees in the future.

     d. In addition to any other relief which may be awarded, in an action pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.), if the court finds that a party has engaged in frivolous litigation pursuant to subsection b. of this section, the court shall impose a civil penalty of $5,000 for the first instance, $10,000 for the second instance, and $15,000 for the third or each subsequent instance.  Civil penalties imposed pursuant to this subsection shall be collected pursuant to the Rules of Court, and shall be forwarded to the Domestic Violence Victims' Fund established pursuant to section 3 of P.L.2001, c.195 (C.30:14-15). 

(cf: P.L.1995, c.13, s.1)

 

     2. This act shall take effect immediately.

 

 

STATEMENT

 

     This bill imposes civil monetary penalties for frivolous litigation in domestic violence cases.

     Under current law, in civil cases, if the court finds at any time that a non-prevailing party has engaged in frivolous litigation, the court may award the other party litigation costs and reasonable attorneys' fees.  In determining whether a complaint, counterclaim, cross-claim, or defense is frivolous, the court may consider the pleadings, discovery, or evidence presented showing that litigation was commenced or continued in bad faith, or solely for the purpose of harassment, delay, or malicious injury, or that the non-prevailing party knew or should have known that its litigation position was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification, or reversal of existing law.

     Under the bill, in civil domestic violence cases, the court may also consider whether the evidence shows that frivolous litigation was commenced or continued as part of a pattern of coercive control against a victim of domestic violence.  Coercive control includes, but is not limited to, abuse of the legal process such as threatening to make or making baseless reports to the police, the courts, or other government agencies.  The bill recognizes that frivolous retaliatory litigation is sometimes used as a tactic in domestic violence cases, which only goes to further the abuse. 

     If the court finds that a party to a domestic violence case has engaged in frivolous litigation, the court will impose a civil penalty of $5,000 for the first instance, $10,000 for the second instance, and $15,000 for the third or each subsequent instance, in addition to any other relief which may be granted.  Civil penalties collected under the bill will be forwarded to the Domestic Violence Victims' Fund.