Bill > A5567

Introduced Session

This bill permits the court to order counseling for a child in a proceeding involving domestic violence. The bill also permits the court to order legal and physical custody of a minor child to the plaintiff in certain circumstances involving domestic violence. Current law provides that pursuant to section 1 of P.L.1991, c.261 (C.2C:25-28), once a domestic violence complaint is filed, the victim and the abuser should be advised of any programs or services available for advice and counseling. The statute does not require that the victim and the abuser be advised of specific services available for counseling for any minor children of either party to the complaint. The bill permits a court to order counseling in appropriate cases, including when a child witnesses or experiences domestic violence while residing in the household with the abuser and the victim. Additionally, the bill permits the court to order the abusive party, to pay for the domestic violence counseling provided to the child. A defendant ordered to pay for domestic violence counseling is required to show proof of payment of the services to the court. The bill permits the court to order a defendant to provide reimbursement for costs incurred in providing counseling for a child. The court may enter this order upon evaluating and determining the defendant's ability to pay for such services. The defendant may be required to pay the victim directly, reimburse the Victims of Crime Compensation Office for compensation paid to the victim from the Victims of Crime Compensation Office, or reimburse any party that may have compensated the victim. The bill clarifies that any direct payment to the plaintiff is not permitted to be made in person, but may be made electronically or in any other manner that does not require contact between the victim and the defendant. The bill also establishes that, upon the issuance of a final restraining order, there is a presumption that legal and physical custody be awarded to the non-abusive parent. Nothing in the bill precludes the non-custodial parent from making an application to the court to modify custody after an award of custody to the non-abusive parent. The bill establishes that the absent good cause to the contrary, and upon request of the victim, the court is required to order in any subsequent child support proceeding following the entry of a final restraining order, the victim is not required to be in the same room as the person found by the court to have committed domestic violence. Further the victim's and child's whereabouts are required to be kept confidential. The bill clarifies that the court consider a request by a custodial parent who has been subjected to domestic violence by a person with parenting time rights to a child in the parent's custody for an investigation or evaluation to assess the risk of harm to the child prior to entering a parenting time order. Currently, the provisions of section N.J.S.A.2C:25-29 specify that the investigation or evaluation would be conducted by an appropriate agency.

Committee Categories

Cody Miller (D)*,  Carol Murphy (D)*,  Verlina Reynolds-Jackson (D)*,  Sterley Stanley (D)*, 

Introduced, Referred to Assembly Judiciary Committee (on 04/10/2025)

Official Document