Bill
Bill > A5477
NJ A5477
NJ A5477Establishes that final restraining order survives plaintiff's death where other persons are also protected; requires prosecutors to provide notice of defendant's release to other persons protected by order.
summary
Introduced
03/20/2025
03/20/2025
In Committee
03/20/2025
03/20/2025
Crossed Over
Passed
Dead
01/12/2026
01/12/2026
Introduced Session
2024-2025 Regular Session
Bill Summary
This bill amends the New Jersey Prevention of Domestic Violence Act ("PDVA") to expressly provide that a domestic violence final restraining order survives the death of the person protected by the restraining order, where that restraining order also protects other persons besides just the recipient. This bill also amends the law to require that prosecutors provide notice of a defendant's release be given to other persons protected by a final restraining order, in addition to just notifying the restraining order's recipient. Under current law, a final restraining order issued in this State is permanent and does not have an automatic expiration date or event, such as the death of the recipient. A final restraining order can, however, be dissolved or modified upon good cause shown if one of the parties files an application with the Family Part of the Chancery Division of the Superior Court, but only if the judge who dissolves or modifies the order is the same judge who entered the order or has available a complete record of the hearing or hearings on which the order was based. However, this bill would clarify that a domestic violence final restraining order that also protects other persons, besides just the recipient, does not terminate upon the recipient's death. This bill further directs prosecutors to notify, not only a victim of domestic violence, but also any other person who is listed as a protected person on any domestic violence final restraining order, upon a domestic violence defendant's release from custody. Under current law, whenever a defendant charged with a crime or an offense involving domestic violence is released from custody the prosecuting agency is to notify the victim. However, there is no such notification requirement for any other person who is listed as a protected person on any domestic violence final restraining order. This bill adds this requirement.
AI Summary
This bill amends New Jersey's Prevention of Domestic Violence Act (PDVA) to make two important changes regarding domestic violence restraining orders. First, the bill ensures that a final restraining order does not automatically terminate if the original plaintiff (victim) dies, as long as other persons are also listed as protected on that order. This means that if a domestic violence victim passes away, the restraining order will continue to protect other individuals named in the original order. Second, the bill requires prosecutors to notify not just the original victim, but also any other persons listed as protected on a final restraining order when a domestic violence defendant is released from custody. Currently, the law only mandated notification to the primary victim. These changes aim to provide broader protection for individuals at risk of domestic violence by ensuring continuity of legal protections and expanding notification requirements. The bill reflects a comprehensive approach to supporting victims by maintaining safety measures even after significant changes in circumstances like the death of the original plaintiff.
Committee Categories
Justice
Sponsors (2)
Last Action
Introduced, Referred to Assembly Judiciary Committee (on 03/20/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/A5477 |
| BillText | https://pub.njleg.gov/Bills/2024/A5500/5477_I1.HTM |
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