COMPLAINT IN OPPOSITION TO NEW DV BILL

From the Office of the President


January 19, 2010

To: N.J. Assembly Women:
Hon. Linda Greenstein (D-Mercer)
Hon. L .Grace Spencer-(D-Essex)
Hon. Valerie Huttle- (D-Bergen)
Hon. Joan Voss-(D-Bergen)


Re: Domestic Violence Bills- 4363-67 Complaint.


Dear Madame’s:

In response to the above captioned matter, this Agency has been contacted with inundated phone calls from irate active and retired members within the Law Enforcement Community who are and were DV victims of false allegations, to relay their concerns regarding an article placed within the N.J. Daily Record dated Jan.04,2010. The article cited you ladies (collectively) are submitting a package of new domestic violence bills to enhance the existing domestic violence legislation to offer more legal protections to abused women. The article quoted you cited from estimates that one in four women will experience some type of domestic violence during their lives. It should be so noted with that being said as the pro side. The con side promulgated upon estimates would be fair to assume the other three would encumber false allegations, dismissals and or male victims.

The article further cited the five bill package would update state laws to impose more stringent penalties for violators and create new criminal domestic violence offenses. Examining the aforementioned statement objectively, we concur if the proposed package would include a provision to penalize individuals which file false claims of domestic violence against innocent law enforcement officers for retaliatory purposes.
We further request a statutory mandate be implemented upon violators by the administers of justice ( Courts, AG, Prosecutors, Police, etc) to enforce penalties which are in place and not utilized such as : (1) perjury 3rd degree crime, (2) false swearing,(3)inconsistent statements 4th degree crimes, (4) un sworn falsification to authorities 4th degree crime, (5) filing a false report to law enforcement authorities to implicate another 4th degree crime, a mandatory $10,000.00 fine, 10 years jail time or both. Said penalties would be a deterrent to violators who abuse said legislation for retaliatory purposes and tremendously reduce the amount of frivolous claims.

It should be noted restraining orders destroy lives, careers, the family structure, it separates families, it promotes contention, perjury, divorce, mental anguish, suicide, it decimates relationships, creates financial hardships, it subverts any avenue of reconciliation which would other wise be reached amicably without this weapon of mass destruction. The present domestic legislation has been utilized as a catalyst for retribution and revenge by offenders versed in the working mechanics of it’s applicability to innocent law enforcement officers. The act promotes abuse as it provides a comfort zone of protection to offenders who knowingly violate the law and file fraudulent allegations of domestic violence, without fear of reprisal or punishment.

It is a well known fact among (legislators, Courts, AG, Prosecutors, Law Enforcement, Public & DV Offenders etc.) of the simplicity to secure an order of protection against a law enforcement officer for leverage in matrimonial and child custody litigations. All need be said is: “ The Officer pulled a gun on me, and I’m in fear for my life” and said order is issued immediately sight unseen no questions asked. It should be further noted, the routine practice of issuing an additional order of restraint to the offender is unwarranted and a waste of the Courts time as the first order is in force and neither complaining party may violate same. What’s highly inconceivable is this routine practice is never addressed, investigated or discouraged. It’s disturbing to hear law makers print and cite the comment: “We view matters of domestic violence very serious”. What’s paradoxical is how serious can it be taken, as no safeguards have been drafted, exist or implemented to prevent abuse of the statutory scheme? We ask that you consider this matter very carefully and thoroughly.

In response to the Hon. Assemblywoman L. Grace Spencer’s bill (AS-4365) “Justification for self defense for domestic violence victims”. We agree this matter should be addressed and applicable to every innocent victim regardless of race, creed, color, nationality, gender, sexual orientation or profession. As it stands now, there are no protective mechanisms in place for a claim of self defense applicable to any law enforcement victim securing a restraining order for their personal protection, from an offender who can summarily sign a counter complaint of domestic violence under false pretenses. N.J.S.A. 2C: 25-21(b) (3) of the Domestic Violence Act of 1991 specifically cite: “ No victim shall be denied relief or arrested or charged under this act with an offense because the victim used reasonable force in self defense against domestic violence by an attacker.”

It should be noted, the statute is absolute, it does not delineate or exclude any particular individual, group or persons who may be protected under this Act. The Legislative intent specifically cite: The purpose of the Domestic Violence Act is to protect the victim not punish the offender”. However this is not true when law enforcement personnel are victims. They are treated entirely different or as the offender by law administrators. How ever this defense is never accepted, entertained nor enforced by the Courts, AG, or Prosecutor Officials. This practice is flagrantly ignored and overlooked upon presentation as a defense by innocent Law Enforcement victims.

This association request an addendum be instituted within your package mandating it’s institution be administered equally (male ,female, law enforcement, etc.) without prejudice regardless if said defense is physical or non physical (example : any victim obtaining an order or voluntary leaving the premises to avoid confrontation and or being assaulted etc) should be considered an acceptable defense for immunity.

Law Enforcement are the only collective entity which suffer severe penalties by this degrading legislation when charged under false pretenses. The individual is immediately deprived of their rights protected by the constitution, disarmed of their service and personal weapons and firearms I..D. card as per the N.J. AG directive for law enforcement officers involved in domestic situations. They are subjected to the restrictive mandates of the AG directive, possible termination, revocation of their privilege to secure additional secular employment to financially support themselves. They are displaced from their residence, family and loved ones, mandated to attend psychological counseling and anger management sessions at their own expense before being considered or returned to active service. They are further humiliated and punished by the AG and Prosecutors with excessive waiting times to be rearmed ( 2yrs-until they are ready).

Their other wise clean record is tarnished as it has been placed within the domestic violence registry regardless of exoneration in which they must pay to have expunged. For example : A carpenter, sanitation technician, mechanic, politician, postal worker, doctor, lawyer, etc working in a non law enforcement capacity if charged with an unsubstantiated allegation of domestic violence may continue to work and support themselves without interruption, where as a law enforcement officer is prohibited.

We request an addendum be implemented within your package for legislation to penalize violators of this practice. It does not require much research or effort as the penalties are in place and need legislation to mandate enforcement of: N.J.S.A 2C: 28 as it pertains to false allegations of DV at the Judicial and Executive levels. We agree if this legislation is implemented along with fines and mandatory jail time the practice of filing false allegations against innocent victims of domestic violence will be reduced tremendously. It should be noted this legislation as it stands, provides total protection to all offenders who are culpable of their actions as they are aware said acts are covered with total impunity.

The article cite your mission is to bolster the rights of abused women and offer them more legal protection. Examining the Domestic Violence Act of 1991 objectively, it’s contents does not specify it’s applicability to any particular sex, sexual orientation, gender, race, nationality, religion, creed, occupation or ethnic group. It specifically cite: “ Domestic Violence means: the occurrence of one or more of the following listed disabilities which encompass violence inflicted upon a person protected under this act by an adult or emancipated minor. It should be so noted nation wide more than one million false allegations of domestic violence are filed each year.

On or about March 2002 The Center for Disease Control of Atlanta, Georgia conducted a National funded survey regarding Domestic Violence. Their survey found and disclosed that nearly 40% of all the victims or 835,000 men a year are victims of physical abuse by their intimate female partners. They further discovered men are reluctant to come forward or report they were beaten by their female counter parts.
They observed (Men) their reluctance was fueled by male egos as victims and would be embarrassing, if reported they were beaten or assaulted by their female counter parts. Examine the following articles and you decide if more stringent laws are needed to bolster Domestic Violence Legislation.

Star Ledger-February 14,2001- “Top Justice ask if conduct by judge warrants her removal. Ewing Twp. N J : Supreme Court Justices questioned yesterday whether misconduct by a Superior Court Judge was serious enough to warrant her removal from the bench. On April 14,2000 the 48 year old judge flew into a public rage at two Mercer County restaurants during a dispute with her ex-beau a Mercer County Sheriff’s Officer 20 years her junior who was with another woman. The judge stalked, harassed and threatened the Officer with her Office, later impersonating a Police Officer for assistance for retaliatory purposes.

Star- Ledger :March 26,2002: -“Woman facing charges of trying to maim Spouse”
A Hillsborough, N.J. woman tried to slice off her husband’s penis while he was sleeping. Authorities said the man was in a futon bed in the living room of the couples home bleeding from the groin area when they arrived. The man related to the Police that when the pain awoke him, he noticed his wife over him and walking toward the kitchen with a large knife with a brown handle.

“Star-Ledger :January 31,2007 -“Woman charged in stabbing of beau”
Newark, N.J: A resident was arrested yesterday after she allegedly stabbed her live in boyfriend during a fight, police said. “According to Police the fight was over money”.

Star-Ledger : January 31,2007 – “Wife is found guilty of Marines Murder”
San Diego – A woman was convicted yesterday of murdering her Marine husband with arsenic, so she could cash in on his $250,000 life insurance policy.

Star-Ledger: August 21,2007_”Wife tried to poison husband” Mom of 3 allegedly used antifreeze and cyanide.
Burlington County N.J.: A woman who allegedly served orange juice laced with antifreeze to her now estranged husband-a retired Police Officer. Has been charged by Burlington County Authorities with attempted Murder.

Star-Ledger:November 28,2002 “Companion seized in Linden Man’s Killing.”
Linden N.J.: Linden Police found a 72 year old former bar owner slumped in an easy chair with a gunshot wound to his head, a handgun lay by his side. Union County Authorities charged his longtime companion, with his murder. They say she intentionally
Shot him with a 357 magnum handgun, during a heated argument on November 03,2002.

Star-Ledger : April 09,2007 –“Preachers Wife admits to shooting him dead.”____
Nashville, Tenn.: Authorities said he had been struck by a single blast from a 12 gauge shotgun while he lay in bed.

Star-Ledger: April 11,2007-E.Orange Woman charged in Killing________________
East Orange, N.J.: Authorities said she ran over her boyfriend with her car after a heated verbal dispute which started in a small Orange, N.J. Tavern.

Star-Ledger:January,2007-Jason Kidd charges “Cruelty as he seeks a Divorce”___
Hackensack, N.J: Nets star files to end his 10 year marriage, cites his wife threatened to ruin his career with filing phony domestic violence complaints”

Star Ledger-October 15,2009- Police: Argument led to fatal stabbing____________
Newark, N.J. Police charged a 28 yr old female with stabbing her longtime boy friend to death with a large butcher knife during a heated argument.

Star Ledger: 0ctober 16,2009-Girlfriend charged in Troopers Death______________
Westfield, N.J.: A Union County woman is accused of providing the gun used to kill one Pennsylvania State Trooper and wound another, buy supplying same to her boyfriend.

Star Ledger: October 16,2009- Two women accused in fatal beating______________
Hamilton Township N.J.: Two Camden County women have been charged with the hammer killing of a man whose body was found in a wooded area of Atlantic County. Prosecutors cite both women drove the male victim to Hamilton Township with the intent to rob him, once there ,they allegedly beat him to death with a hammer.

Star Ledger: October 16, 2009-Woman denies charges tied to building blaze_____
Newark, N.J.: Prosecutors cite on May 04,2009 a 51 year old female suspect held a lighted match to a pillow in her fifth floor apartment she shared with her then 77 year old boy friend. Authorities cite the female suspect intended to kill her boyfriend because “he hadn’t used the money she gave him to buy groceries.” The boyfriend was injured but survived.


Star Ledger: October 31, 2009- Muslim woman accused of slashing husband______
New York: A devout Muslim woman told Police she slashed her husband’s neck with a kitchen knife as he slept, because he forced her to eat pork, wear short skirts and drink alcohol in violation of her religious beliefs.

Star Ledger: October 31, 2009- Pair indicted in abuse of 3 disabled women
Warren County, N.J. : Two women one 55 yr old and one 52 yr old have been indicted on charges of mistreating and abusing three residents at a State run facility for disabled adults. One 28 yr old resident died after she was removed from the facility emaciated and unable to speak.

These are but a few incidents individuals should examine, before citing the male gender as the number one aggressor or abuser in domestic violence situations, in which restraining orders are tailor made and most likely issued . We agree there is a need for such legislation in some instances, but a mechanism must be implemented immediately to protect innocent individuals charged under false pretenses for retaliatory purposes. This Association ask the help of the Honorable named Assembly women to include our listed suggestions upon implementation of their domestic violence package, be considered thoroughly, fairly, impartially and equally with the goal to preserve each and every individuals rights protected by the U.S. Constitution and not predicated upon race, gender, nationality or occupation . The pre-amble of the United States Constitution read :

“We the People for the People and by the People.”

This commentary written by :

NATIONAL / N.J. Police Solidarity Coalition Inc.

Eric Washington-President
P.O. Box 72
South Orange, New Jersey 07079
Google: www.npscinc.blogger.com
e-mail : helpkop@att.net



cc:
N.J. Senate President
Hon. Stephen Sweeny

Associated Press

N.J. News

News 12.com

N.J. Daily Record

N.J. Voices .com

Star Ledger.com



(Disclaimer): The above articles were not utilized to accuse or attack any specific, individual, race, creed, gender, organization, or affiliation. These articles were comprised for information and awareness only. These articles can be verified at www.StarLedger.com