Bill > A3486

Introduced Session

This bill would authorize the issuance of restraining orders in situations for which the domestic violence statutes are inapplicable because the victim lacks a prior or existing spousal, household, or dating relationship with the offender. Under the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.), a court may issue restraining orders to protect victims who have had particular specified relationships with the defendant: the victim must either be a spouse, former spouse, or present or former household member of the defendant; have a child in common or anticipate, due to an existing pregnancy, having a child in common with the defendant; or have had a dating relationship with the defendant. This bill would allow victims in other situations -- for example, where the victim does not know the defendant, or where the defendant is a casual acquaintance or co-worker -- to obtain restraining orders as well. Under the bill, a person could file a complaint (including a complaint for ex parte relief) with the Superior Court alleging to be a victim of any of the enumerated offenses listed in the bill, such as assault, sexual assault, harassment or stalking, and request the issuance of a temporary restraining order against the defendant. The complaint could be filed by the alleged victim's parent or guardian in any case in which the alleged victim was a child under the age of 18 years or had a developmental disability, or was 18 years of age or older and had a mental disease or defect which rendered the victim temporarily or permanently incapable of understanding the nature of the victim's conduct, including, but not limited to, being incapable of providing consent. A decision on a filed complaint seeking a temporary restraining order would be made by the judge regarding the emergency relief forthwith. If it appeared that the alleged victim was in danger of the defendant committing any of the offenses specified in the complaint, the judge would issue a temporary restraining order. The defendant's conviction for an offense would not be a prerequisite for the grant of the temporary restraining order. With respect to any temporary order issued on an ex parte basis, a hearing would be held in the Superior Court within 10 days of the issuance of that order. A copy of the complaint would be served on the defendant in conformity with the Rules of Court. At the hearing the standard for issuing a permanent restraining order would be by a preponderance of the evidence. If the court ruled that a permanent restraining order should be issued, the order would remain in effect until the plaintiff, or the parent or guardian of the plaintiff (in the case of a plaintiff who was a child, had a developmental disability, or had a mental disease or defect as described above) requested that the restraining order be dismissed and the court found just cause to do so. A permanent restraining order issued under the bill could grant the following specific relief: an order restraining the defendant from entering the residence, property, school, or place of employment of the plaintiff and requiring the defendant to stay away from any specified place that is named in the order and is frequented regularly by the plaintiff; and an order restraining the defendant from making contact with the plaintiff, including an order forbidding the defendant from personally or through an agent initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact with the plaintiff, the plaintiff's employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the plaintiff. The bill provides that notice of permanent restraining orders would be sent by the court to the appropriate law enforcement authorities and be enforceable by all law enforcement officers. A defendant's violation of a restraining order would constitute a fourth degree contempt offense under subsection a. of N.J.S.2C:29-9. A crime of the fourth degree is ordinarily punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both. Violations of orders could be enforced in a civil or criminal action initiated by the victim or by the court, on its own motion, pursuant to applicable court rules. The bill also specifies that the bill would not preclude the filing of a criminal complaint based on the same act which was the basis for the violation of the restraining order. Finally, the bill repeals section 2 of P.L.1999, c.47 (C.2C:12-10.2), which would no longer be necessary. This statute currently provides that in any case involving an allegation of stalking where the victim is a child under the age of 18, a person who is developmentally disabled, or a person 18 years of age or older with a mental disease or defect which renders the victim temporarily or permanently incapable of understanding the nature of his conduct, a parent or guardian may apply for temporary and permanent restraining orders. The provisions of this bill would encompass such situations, obviating the need to maintain the separate statute.

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Valerie Vainieri Huttle (D)*, 

Introduced, Referred to Assembly Women and Children Committee (on 03/05/2018)