Bill > A2640

This bill authorizes the issuance of temporary and permanent restraining orders in situations where domestic violence statutes might not typically apply, allowing individuals to seek court protection from specific offenses like assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, and stalking. The bill permits a plaintiff to file a complaint with the Superior Court, and if the judge believes the plaintiff is in danger of the defendant committing any of these listed offenses, a temporary restraining order can be issued immediately, even without the defendant present (ex parte relief). A hearing must be held within 10 days of an emergency temporary restraining order, and a permanent restraining order can be issued if the plaintiff proves their case by a preponderance of the evidence. These restraining orders can restrict the defendant's contact with the plaintiff, including prohibiting them from entering the plaintiff's residence, school, or workplace, and from making any communication likely to cause annoyance or alarm. The bill also clarifies that a criminal conviction is not required to obtain a restraining order and that violations of these orders are offenses that can lead to civil or criminal action. For victims who are children, developmentally disabled, or have mental incapacities, a parent or guardian can file the complaint on their behalf. The provisions of this bill are in addition to existing laws regarding stalking.