Bill
Bill > A409
NJ A409
NJ A409Establishes 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
01/13/2026
01/13/2026
In Committee
01/13/2026
01/13/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 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 to ensure that a final restraining order, which is a court order designed to protect individuals from domestic violence, remains in effect even if the person who originally sought the protection dies, as long as other individuals are also named as protected persons on that order. Additionally, the bill mandates that prosecutors must notify not only the primary victim but also any other individuals listed as protected on a final restraining order whenever a defendant charged with a domestic violence offense is released from custody, thereby enhancing the safety of all individuals covered by the order.
Committee Categories
Justice
Sponsors (2)
Last Action
Introduced, Referred to Assembly Judiciary Committee (on 01/13/2026)
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2026/A409 |
| BillText | https://pub.njleg.gov/Bills/2026/A0500/409_I1.HTM |
Loading...