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Campus Police Department - Richard Stockton College

Who is affected by the law?

 A victim of domestic violence is a person protected by the Domestic Violence Act (including abuse and neglect of the elderly and disabled) and includes any person:

  1. who is 18 years of age or older, or
  2. who is an emancipated minor, and who has been subjected to domestic violence by:
    1. spouse
    2. former spouse
    3. any other person who is a present or former household member, OR
  3. who regardless of age, has been subjected to domestic violence by a person:
    1. with whom the victim has had a child in common, or
    2. with whom the victim has had a dating relationship.
  4. who, regardless of age, has been subjected to domestic violence by a person with whom the victim has had a dating relationship.
    1. a victim may be below the age of 18.
    2. a domestic violence assailant must be over the age of 18 or emancipated at the time of the offense.

The Prevention of Domestic Violence Act does not define a victim of domestic violence by age, physical or psychological condition or sex.

An unemancipated minor who commits an act of domestic violence may not be prosecuted as a domestic violence defendant but can be prosecuted under the juvenile delinquency laws. The entry of pre- or post-dispositional restraints can also be considered.

A minor is considered emancipated from his or her parents when the minor:

  1. has been married
  2. has entered military service
  3. has a child or is pregnant; or
  4. has been previously declared by the court or an administrative agency to be emancipated.

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