TRENTON — Citing the case of a man accused of gunning down his former girlfriend in front of their young daughter at a Montclair YMCA, four state lawmakers are pushing legislation to provide more protections for domestic violence victims and their children. The measure, known as "Monica's Law," would create a pilot program in Essex and Passaic counties. It...
Four New Jersey lawmakers are pushing for a bill to be named for Monica Paul, above, who was killed at a Montclair YMCA in June 2008. The measure would increase protection for victims of domestic violence. Paul's former boyfriend, whom Paul had a restraining order against at the time, has been charged in the killing. TRENTON — Citing the case of a man accused of gunning down his former girlfriend in front of their young daughter at a Montclair YMCA, four state lawmakers are pushing legislation to provide more protections for domestic violence victims and their children.
The measure, known as "Monica's Law," would create a pilot program in Essex and Passaic counties. It would provide for risk assessments conducted before visitation rights are awarded and would apply in all cases where a final domestic violence restraining order has been issued and the victim and the accused have a child together.
"The issues surrounding domestic violence are complex and each case is unique," said Assemblywoman Linda Greenstein of Hamilton (Mercer County), one of the bill's primary sponsors. "Conducting risk assessments when children's visitation and custody is involved will help keep victims and their families safe."
The risk assessments — performed by an expert designated by a judge handling the case — would examine the likelihood that the person against whom the final restraining order is issued will commit violence against the victim or their child. But the assessments would only be ordered in certain cases, such as those in which the accused has a history of violence, threatened to kill the victim or their child, or allegedly used or threatened to use a weapon against them.
Under the pilot program, people filing domestic violence complaints would have to complete a questionnaire that would include information on:
— Whether they and the accused have any children together.
— Whether the accused has ever used or threatened to use a weapon.
— Whether the accused has ever made specific threats of violence against the victim or their children.
The measure is named for Monica Paul, who was 31 when she was fatally shot in June 2008. Prosecutors say her former boyfriend, Kenneth Duckett of Orange, burst into a waiting room at the Montclair YMCA and fired several shots at her in front of their 11-year-old daughter. Their 4-year-old son was swimming nearby.
Paul had obtained a restraining order against Duckett shortly before she was slain. He remains jailed, awaiting trial on murder and weapons charges. He has pleaded not guilty and his case is going through the courts.
"The passage of Monica's Law is so important," said Joanne Paul, Monica's mother. "We must bring the light of hope into the darkness of domestic violence and pass tougher laws, which will ultimately save many precious lives."
The legislation (A-3137) was introduced this month and has been referred to the Assembly Judiciary Committee, which has not yet scheduled a hearing on it.
Besides Greenstein, the other primary sponsors include fellow Assembly Democrats Thomas Giblin of Clifton, L. Grace Spencer of Newark and Assembly Speaker Sheila Oliver of East Orange.
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Accused Montclair YMCA shooter pleads not guilty