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

A1417

ASSEMBLY, No. 1417

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ELLEN J. PARK

District 37 (Bergen)

SYNOPSIS

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

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

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.