• Views: in the last
  • 17Week
  • 9Month
  • 97Total


  • NJ A958
  • Requires Family Part under certain circumstances to dispose of charge of contempt of a domestic violence order on an emergency basis, without setting bail.
Introduced
(1/27/2016)
In Committee
(1/27/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill would prevent defendants who are arrested a second or subsequent time for contempt of a domestic violence restraining order from being released on bail while awaiting trial. Instead, in these cases a Superior Court judge would hold an emergency hearing and make a final disposition of the charge within 72 hours of arrest. The bill also provides that the municipal court would not have jurisdiction in these matters. Under the provisions of section 14 of P.L.1991, c.261 (C.2C:25-30) and N.J.S.2C:29-9, violation of a domestic violence restraining order constitutes contempt of court. A defendant convicted of a second or subsequent nonindictable domestic violence contempt offense must serve a minimum term of imprisonment of not less than 30 days. However, the term of imprisonment cannot begin until the defendant is convicted, and a defendant arrested for contempt can immediately post bail and be released into the community while awaiting the court hearing. This poses additional risks to the victim. Currently, bail is set by a Superior Court judge during regular court hours. On weekends, holidays, and other times when the court is closed, a municipal court judge may set bail if authorized to do so by the Superior Court assignment judge. Under the bill, neither the municipal court nor Superior Court would set bail for these second offenders. Instead, the defendant would remain in custody and a Superior Court judge would hold an emergency hearing and make a final disposition on the charge. The hearing would be required to take place within 72 hours of arrest. This time period would be consistent with the Rule of Court that requires bail to be set within 72 hours. (See R.3:4-2.) If the defendant is then convicted of the contempt charge, he would immediately be sentenced to the mandatory 30 days of incarceration. The intent of this bill is to provide a margin of safety for victims in these circumstances.
Women and Children
Introduced, Referred to Assembly Women and Children Committee  (on 1/27/2016)
 
 

Date Chamber Action Description
1/27/2016 A Introduced, Referred to Assembly Women and Children Committee
Date Motion Yea Nay Other
None specified