'Monica's Law' To Better Aid Victims of Domestic Violence

By Alicia Cruz

The Black Urban Times

Four New Jersey lawmakers are pushing for tougher legislation aimed at providing greater protections for victims of domestic violence victims and their children after a man gunned down his former girlfriend in front of their child at the YMCA in Montclair in 2008, The Daily Record reported.

"The passage of Monica's Law is so important," said Joanne Paul, the mother of the victim the bill is named for. "We must bring the light of hope into the darkness of domestic violence and pass tougher laws, which will ultimately save many precious lives."

See Nicholson v. Scopetta case: The Shawrline Nicholson Story

Legislator's say "Monica's Law," named for Monica Paul who was fatally shot in June 2008 by her former boyfriend, Kenneth Duckett, would give a mother the right to withhold visitation rights from the father of her children if there are documented instances of domestic violence, such as hospital or police reports. Visitation rights would be reinstated after the father undergoes an at-risk assessment analysis.

The law, which would also mandate a three- to five-year prison sentence for restraining order violations (currently, offenders only receive up to 18 months in prison), would create a pilot program in Essex and Passaic counties that mandates at-risk assessments to be conducted before visitation rights are awarded in cases where domestic violence is an aggravating factor, or where the accused has threatened to kill the victim or their child, or allegedly used or threatened to use a weapon against them 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 assessments would be performed by an expert designated by a judge handling the case and will examine the likelihood that the person against whom the final restraining order has been issued will commit violence against the victim or their child.

In June 2008, Paul was with her and Duckett's children in the observation area of the Helen & Bill Geyer YMCA Family Center on Glenridge Avenue watching their 4-year-old son, Noah during his swim class. With her 11-year-old daughter, Essence standing by her side, Duckett, of Orange, walked into the room, approached Paul and shot her several times at close range.

Court records show the couple had a tempestuous relationship that forced Paul to file two domestic violence complaints in 2007 and then a restraining order in October 2007 against Duckett. He was under that same restraining order barring him from having any contact with Paul at the time of the murder.

However, he had visitation rights with their children. Those records show Duckett has violated an earlier protective order in November 2007 and was charged with contempt of court.

Partisan proponents of the measure include Assembly Democrats Thomas Giblin of Clifton, L. Grace Spencer of Newark, Assembly Speaker Sheila Oliver of East Orange and Assemblywoman Linda Greenstein of Hamilton (Mercer County).

"The issues surrounding domestic violence are complex and each case is unique," Greenstein told the Associated Press. "Conducting risk assessments when children's visitation and custody is involved will help keep victims and their families safe."

Giblin asked a state legislative committee to fast-track Monica’s Law, which he said was a "tragic loss for Montclair," and peaked his awareness of domestic violence cases, he said at a community meeting hosted by 4th Ward Councilwoman Renée Baskerville, the Montclair Times reported.

Under the pilot program, people filing domestic violence complaints would have to complete a questionnaire that would include such questions as:

— 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.

Giblin requested that Assemblywoman Greenstein, who is the chair of the state Assembly’s Judiciary Committee, give Monica’s Law priority over other legislation reviewed by the committee so that some form of the law would have passed through the Legislature by the end of 2009. The legislation (A-3137) was introduced this month and referred to the committee, but a hearing had not yet been scheduled.

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The Monica Paul web site