Bill > S159

Introduced Session

This bill requires the court to consider the results of a domestic violence assessment before dissolving a final restraining order when the defendant has two or more restraining orders against him. The defendant would be responsible for the costs of the assessment and the assessment would be considered confidential. The bill defines a "domestic violence assessment" as an assessment performed by a psychiatrist, licensed psychologist, licensed clinical social worker, or licensed professional counselor with the goal of determining the likelihood that the offender will commit future acts of violence, abuse or other unacceptable behavior that could pose a threat to the victim, the victim's family, the victim's property, or other person identified as being at risk. The substitute requires the Administrative Office of the Courts to develop standards for persons who are eligible to conduct the assessments. The bill also codifies the factors currently considered by the court in determining whether a defendant who has applied to dissolve a final order has established requisite good cause. Those factors, as set forth in Carfagno v. Carfagno, 288 N.J.Super. 424 (Ch. Div. 1995), are: (1) whether the victim voluntarily consents to dissolve the final order; (2) whether the victim fears the defendant; (3) the nature of the current relationship between the victim and defendant; (4) the number of times the defendant has been convicted of contempt for violating the final order; (5) whether the defendant has a continuing involvement with drug or alcohol abuse; (6) whether the defendant has been involved in other violent acts with other persons; (7) whether the defendant has engaged in counseling; (8) the age and health of the defendant; (9) whether the victim is acting in good faith in opposing the defendant's request for dissolution; and (10) whether another jurisdiction has entered a restraining order protecting the victim from the defendant. Finally, the bill clarifies that when there is a complaint for a restraining order, the court may order a domestic violence assessment. Current law authorizes the court to order a psychiatric evaluation.

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Jim Beach (D)*,  Christopher Connors (R)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/11/2022)

Official Document