B.C. v. T.G.

L.R. JONES, J.S.C.

This case presents the following legal issue of first impression: When a victim of domestic violence is assaulted while pregnant, *458may the court enter a final restraining order which includes the victim’s unborn child as an additional protected “person” under New Jersey’s Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to-35? 1

Under New Jersey law, a fetus is not considered a person. Nonetheless, the court holds that when a domestic violence victim is assaulted while pregnant, the court may enter a restraining order containing an advance protection provision, which…