Bill > A1650

This bill authorizes the Superior Court to issue temporary and permanent restraining orders in situations beyond those covered by existing domestic violence statutes, specifically when a person alleges they are a victim of offenses such as assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, or stalking. The bill allows for emergency, ex parte relief, meaning a judge can issue a temporary restraining order immediately if the plaintiff appears to be in danger, without the defendant being present. A hearing must be held within 10 days of an emergency order, and a permanent restraining order can be issued if the plaintiff proves their case by a preponderance of the evidence. These orders can prohibit the defendant from contacting the plaintiff, entering their residence or workplace, and can remain in effect until the plaintiff requests dismissal and the court finds just cause. The bill also repeals a specific section of a 1999 law, P.L.1999, c.47, which likely dealt with similar but perhaps more limited restraining order provisions. The Supreme Court is empowered to create rules to implement these new provisions, which will take effect 90 days after enactment.