Bill > S659

This bill allows individuals to seek restraining orders from the Superior Court for certain offenses, even if those offenses don't fall under existing domestic violence statutes, by authorizing the issuance of temporary restraining orders (TROs) and permanent restraining orders (PROs) to limit contact between a plaintiff and a defendant. A plaintiff can file a complaint alleging the defendant committed offenses such as assault, terroristic threats, kidnapping, burglary, harassment, or stalking, and can request emergency, ex parte relief, meaning a judge will make a decision immediately without the defendant present. If the judge believes the plaintiff is in danger of the defendant committing one of these offenses, a TRO will be issued, and a hearing must be held within 10 days to determine if a PRO should be granted based on a preponderance of the evidence. The bill also specifies that a conviction for an offense is not required to obtain a restraining order, and PROs can include orders for the defendant to stay away from the plaintiff's home, school, or workplace, and to cease all communication. Furthermore, the bill repeals section 2 of P.L.1999, c.47, which likely contained provisions related to restraining orders that are now being superseded or modified by this new legislation.