Bill > S1438

Introduced Session

This bill would allow any person who alleges that he is a victim of stalking to apply for a temporary restraining order against the defendant. Under current law, where there is an allegation that a person has stalked a child under the age of 18, a developmentally disabled person or a person with a mental disease or defect which renders the person temporarily or permanently incapable of understanding the nature of his conduct, the parent or guardian of the alleged victim may apply for a temporary restraining order limiting the contact of the defendant and the alleged victim. This bill would expand these provisions to allow alleged victims of any age or mental capacity to apply for these orders. Current law provides that a conviction of stalking operates as an automatic application for a permanent restraining order limiting the contact of the defendant and the victim. (See N.J.S.A.2C:12-10.1). However, it may take several years before a defendant charged with stalking is convicted of the crime. Under the bill, a person could apply for a temporary restraining order against the defendant on an emergency basis, before the defendant is convicted. The bill provides that if the hearing is held on an emergency, ex parte basis, without the presence of the defendant, the court issuing the temporary restraining order would be required to hold a hearing within 10 days after notice to the defendant. At the hearing, the court would decide whether the temporary restraining order should be continued. The standard for continuing the temporary order would be by a preponderance of the evidence. If continued, the temporary restraining order would be in effect until either (1) the defendant is convicted, in which case the court would hold a hearing on the issue of whether a permanent restraining order would be entered (pursuant to current law), or (2) the victim, or a parent or guardian acting on the victim's behalf, requests that the temporary restraining order be dismissed.

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Jim Holzapfel (R)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 02/13/2020)

Official Document