An Act concerning ¹[restraining order protections] protective orders for certain victimized persons¹, supplementing Title 2C of the New Jersey Statutes¹, amending P.L.2015, c.147,¹ and repealing section 2 of P.L.1999, c.47.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. ¹(New section)¹ a. ¹[A plaintiff] (1) (a) Any person alleging to be a victim of any of the offenses set forth in subparagraph (b) of this paragraph, or any attempt thereof, and who is not eligible for relief under the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.),¹ may ¹, except as provided in subsection b. of this section,¹ file ¹[a complaint] an application¹ with the Superior Court in conformity with the Rules of Court alleging ¹[that he is a victim of any of the offenses set forth in subsection b. of this section] the commission or attempted commission of the offense¹and requesting that the court issue a temporary ¹[restraining] protective¹ order ¹[against the defendant which limits the contact of the defendant and the plaintiff].

(b) A person may apply for a protective order pursuant to this section based upon the allegation of the commission or attempted commission of any of the following offenses:

(i) Stalking P.L.1992, c.209 (C.2C:12-10)

(ii) Cyber-harassment P.L.2013, c.272 (C.2C:33-4.1)

(iii) Sexual assault N.J.S.2C:14-2

(iv) Criminal sexual contact N.J.S.2C:14-3.

(2) Except as provided in subsection b. of this section, an application for relief under P.L. , c. (C. ) (pending before the Legislature as this bill) may be filed by the alleged victim's parent or guardian on behalf of the alleged victim in any case in which the alleged victim:

(a) is less than 18 years of age; or

(b) has a developmental disability as defined in section 3 of P.L.1977, c.200 (C.5:5-44.4) or a mental disease or defect that renders the alleged victim temporarily or permanently incapable of understanding the nature of the alleged conduct that is the subject of the application¹.

b. ¹[A temporary restraining order may be issued by the court upon an allegation that the defendant committed any of the following offenses:]¹

(1) ¹[Assault N.J.S.2C:12-1

(2) Terroristic threats N.J.S.2C:12-3

(3) Kidnapping N.J.S.2C:13-1

(4) Criminal restraint N.J.S.2C:13-2

(5) False imprisonment N.J.S.2C:13-3

(6) Sexual assault N.J.S.2C:14-2

(7) Criminal sexual contact N.J.S.2C:14-3

(8) Lewdness N.J.S.2C:14-4

(9) Criminal mischief N.J.S.2C:17-3

(10) Burglary N.J.S.2C:18-2

(11) Criminal trespass N.J.S.2C:18-3

(12) Harassment N.J.S.2C:33-4

(13) Stalking P.L.1992, c.209 (C.2C:12-10)

(14) Criminal coercion N.J.S.2C:13-5

(15) Robbery N.J.S.2C:15-1

(16) Any other crime involving risk of death or serious bodily injury to a person protected under the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill)

(17) Cyber-harassment P.L.2013, c.272 (C.2C:33-4.1)]

When it is alleged that the offense set forth in subparagraph (b) of paragraph (1) of subsection a. of this section, or any attempt thereof, has been committed by an unemancipated minor, an applicant seeking a protective order shall not proceed under the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) but may seek a protective order and other relief pursuant to the "New Jersey Code of Juvenile Justice," P.L.1982, c.77 (C.2A:4A-20 et seq.), by filing a complaint pursuant to the provisions of section 11 of P.L.1982, c.77 (C.2A:4A-30).

(2) When it is alleged that the offense set forth in subparagraph (b) of paragraph (1) of subsection a. of this section, or any attempt thereof, has been committed against an unemancipated minor by a parent, guardian, or other person having care, custody and control of that child as defined in R.S.9:6-2, an applicant seeking a protective order shall not proceed under the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), but shall report the incident to the Division of Child Protection and Permanency in the Department of Children and Families for investigation and possible legal action by the division pursuant to R.S.9:6-1 et seq. or other applicable law, including, when appropriate, petitioning the Superior Court pursuant to P.L.1974, c.119 (C.9:6-8.21 et seq.) for a protective order and other relief on behalf of the applicant and the unemancipated minor.¹

c. ¹[In any case in which the alleged victim is a child under the age of 18 years or has a developmental disability as defined in section 3 of P.L.1977, c.200 (C.5:5-44.4), or the alleged victim is 18 years of age or older and has a mental disease or defect which renders 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, the complaint may be filed by the alleged victim's parent or guardian on behalf of the alleged victim]

(1) An applicant may seek a protective order pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) and the court may issue an order regardless of whether criminal charges based on the incident were filed and regardless of the disposition of any charges.

(2) The filing of an application pursuant to this section shall not prevent the filing of a criminal complaint, or the institution or maintenance of a criminal prosecution based on the same act¹.

d. ¹[A complaint] The Superior Court shall waive any requirement that the applicant's or alleged victim's place of residence appear on the application.

e. An applicant may seek a protective order pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) in the Superior Court of the county in which the alleged conduct occurred, in which the alleged actor resides, or in which the alleged victim resides or is sheltered.

f. (1) An application¹ seeking a temporary ¹[restraining] protective¹ order may be filed with the Superior Court in conformity with the Rules of Court. The ¹[plaintiff] applicant¹ may seek emergency, ex parte relief ¹in order to obtain a temporary protective order¹. A decision shall be made by the judge regarding the emergency relief forthwith. If it appears that the ¹[plaintiff] alleged victim's safety or well-being¹ is in danger ¹[of the defendant committing any of the offenses listed in subsection b. of this section]¹, the judge shall issue a temporary ¹[restraining] protective¹ order pursuant to subsection ¹[f.] g.¹ of this section.

¹(2) An order for emergency, ex parte relief shall be granted upon good cause shown and shall remain in effect until a judge of the Superior Court issues a further order. Any temporary protective order issued pursuant to this section is immediately appealable for a plenary hearing de novo on the record before any judge of the Superior Court of the county in which the alleged victim resides or is sheltered if that judge issued the temporary protective order or has access to the reasons for the issuance of the temporary protective order and sets forth in the record the reasons for the modification or dismissal.¹

¹[e. A conviction of an offense shall not be a prerequisite for the grant of a temporary or permanent restraining order under this act.]¹

¹[f.] g.¹A temporary ¹[restraining] protective¹ order issued under ¹[this act] P.L. , c. (C. ) (pending before the Legislature as this bill)¹ shall limit the contact of the ¹[defendant] alleged actor, now referred to as the respondent,¹ and the ¹[plaintiff] alleged victim¹ and in addition may grant all of the relief specified in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

¹[g.] h. A copy of the temporary protective order issued pursuant to this section shall be immediately forwarded to the police of the municipality where the alleged victim resides or is sheltered. A copy of the temporary protective order shall also be forwarded to the sheriff of the county where the respondent resides for immediate service upon the respondent in accordance with the Rules of Court. The court or the sheriff may coordinate service of the temporary protective order upon the respondent through the police in appropriate circumstances. If personal service cannot be effected upon the respondent, the court may order other appropriate substituted service. At no time shall the alleged victim be asked or required to serve any order on the respondent.

i. Notice of temporary protective orders issued pursuant to this section shall be sent by the clerk of the court or other person designated by the court to the appropriate chiefs of police, members of the State Police and any other appropriate law enforcement agency or court.

j. (1)¹ A hearing shall be held in the Superior Court within 10 days of the ¹[issuance] filing¹ of ¹[any] an application pursuant to this section in the county where the¹ temporary ¹[restraining] protective¹ order ¹[which]¹ was issued ¹[on an emergency, ex parte basis] , unless good cause is shown for the hearing to be held elsewhere¹. A copy of the complaint shall be served on the ¹[defendant] respondent¹ in conformity with the Rules of Court. ¹If a criminal complaint arising out of the same incident which is the subject matter of an application for a protective order has been filed, testimony given by the applicant, the alleged victim, or the respondent in accordance with an application filed pursuant to this section shall not be used in the criminal proceeding against the respondent, other than contempt matters, and when it would otherwise be admissible hearsay under the rules of evidence that govern when a party is unavailable.

(2)¹ At the hearing the standard for issuing a permanent ¹[restraining] protective¹ order shall be by a preponderance of the evidence. ¹The court shall consider but not be limited to the following factors:

(a) the occurrence of one or more acts based on the offenses set forth in subparagraph (b) of paragraph (1) of subsection a. of this section, or any attempt thereof, against the alleged victim; and

(b) the possibility of future risk to the safety or well-being of the alleged victim.¹

¹[h.] k.¹If the court rules that a permanent ¹[restraining] protective¹ order shall be issued, the order shall remain in effect until ¹[the plaintiff] further order of a judge of the Superior Court. Either party¹, or the parent or guardian of the ¹[plaintiff in the case of a plaintiff]victim¹ who is a child, is developmentally disabled or has ¹a¹ mental disease or defect ¹[pursuant]¹ as described in ¹paragraph (2) of¹ subsection ¹[c.] a.¹ of this section, ¹[requests that] may file a petition with¹ the ¹[restraining] court to dissolve or modify a permanent protective¹ order ¹[be dismissed and the court finds just cause to do so] . When considering a petition for dissolution or modification of a final protective order, the court shall conduct a hearing to consider whether a material change in circumstances has occurred since the issuance of the protective order which would make its continued enforcement inequitable, oppressive or unjust taking into account the current status of the parties, including the desire of the victim for the continuation of the protective order, the potential for contact between the parties, the history of the respondent's violations, if any, of the protective order or criminal convictions, and any other factors that the court may find relevant to protecting the safety or well-being of the victim¹.

¹[i.] l.¹The provisions of ¹[this act] P.L. , c. (C. ) (pending before the Legislature as this bill)¹ are in addition to, and not in lieu of, the provisions of section 3 of P.L.1996, c.39 (C.2C:12-10.1) which provide that a judgment of conviction for stalking shall operate as an application for a permanent restraining order limiting the contact of the defendant and the victim.

2. ¹(New section)¹ a. A permanent ¹[restraining] protective¹ order issued pursuant to ¹[subsections g.and h.of]¹ section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) ¹[may] shall¹ grant the following specific relief:

¹(1) prohibit the respondent from having contact with the victim; and

(2) prohibit the respondent from committing any future act as set forth in subparagraph (b) of paragraph (1) of subsection a. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), or any attempt thereof, against the victim.

b. In addition to any relief provided to the victim under subsection a. of this section, a permanent protective order may include, but is not limited to, the following relief:

(1)¹ An order ¹[restraining] prohibiting¹ the ¹[defendant] respondent¹ from entering the residence, property, school, or place of employment of the ¹[plaintiff] victim or the victim's family or household members,¹ and requiring the ¹[defendant] respondent¹ to stay away from any specified place that is named in the order and is frequented regularly by the ¹[plaintiff.] victim or the victim's family or household members;¹

(2) An order ¹[restraining] prohibiting¹ the ¹[defendant] respondent¹ from ¹[making] having any¹ contact with the ¹[plaintiff] victim or others¹, including an order forbidding the ¹[defendant] respondent¹ 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 ¹, or contact via electronic device,¹ with the ¹[plaintiff] victim or the victim's family members¹, ¹[the plaintiff's] or their¹ employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the ¹[plaintiff.] victim;

(3) An order prohibiting the respondent from following, harassing, or threatening to harm, follow, or harass the victim.¹

b. Notice of permanent ¹[restraining] protective¹ orders issued pursuant to this act shall be sent by the clerk of the ¹[court] Superior Court¹ or other person designated by the court to the appropriate ¹county prosecutor,¹ chiefs of police, members of the State Police and any other appropriate law enforcement agency or court.

c. Any permanent ¹[restraining] protective¹ order issued pursuant to this act shall be in effect throughout the State, and shall be enforced by all law enforcement officers.

d. ¹(1)¹ A violation by the ¹[defendant] respondent¹ of an order issued pursuant to ¹[this act] section 1 or 2 of P.L. , c. (C. ) (pending before the Legislature as this bill)¹ shall constitute an offense under subsection a. of N.J.S.2C:29-9 and each order shall so state. ¹[Violations of these orders may be enforced in a civil or criminal action initiated by the plaintiff or by the court, on its own motion, pursuant to applicable court rules.] If a law enforcement officer finds probable cause that a respondent has committed contempt of an order entered pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), the respondent shall be arrested and taken into custody. The court shall determine whether the respondent shall be released pending trial or detained pending a pretrial detention hearing pursuant to sections 4 and 5 of P.L.2014, c.31 (C.2A:162-18 and 2A:162-19) and applicable court rules. (2)¹ Nothing in ¹[this act] P.L. , c. (C. ) (pending before the Legislature as this bill)¹ shall preclude the filing of a criminal complaint based on the same act which is the basis for the violation of the ¹[restraining] protective¹ order.

¹3. Section 8 of P.L.2015, c.147 (C.2C:14-20) is amended to read as follows:

8. The Administrative Office of the Courts shall establish and maintain a central registry of all protective orders issued pursuant to P.L.2015, c.147 (C.2C:14-13 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill) and all persons who have been charged with a violation of such a protective order. All records made pursuant to this section shall be kept confidential and shall be released only to:

a. A public agency authorized to investigate a report of nonconsensual sexual contact, sexual penetration, or lewdness, or any attempt at such conduct, any offense set forth in subparagraph (b) of paragraph (1) of subsection a. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), or any attempt at such conduct, or domestic violence;

b. A police or other law enforcement agency for official purposes;

c. A court, upon its finding that access to such records may be necessary for determination of an issue before the court;

d. A surrogate, in that person's official capacity as deputy clerk of the Superior Court, in order to prepare documents that may be necessary for a court to determine an issue in an adoption proceeding; or

e. The Division of Child Protection and Permanency in the Department of Children and Families when the division is conducting a background investigation involving:

(1) an allegation of child abuse or neglect, to include any adult member of the same household as the individual who is the subject of the abuse or neglect allegation; or

(2) an out-of-home placement for a child being placed by the Division of Child Protection and Permanency, to include any adult member of the prospective placement household.

Any individual, agency, or court which receives from the Administrative Office of the Courts the records referred to in this section shall keep the records and reports, or parts thereof, confidential and shall not disseminate or disclose such records and reports, or parts thereof; provided that nothing in this section shall prohibit a receiving individual, agency, surrogate or court from disclosing records and reports, or parts thereof, in a manner consistent with and in furtherance of the purpose for which the records and reports or parts thereof were received.

Any individual who disseminates or discloses a record or report, or parts thereof, of the central registry, other than for an official purpose authorized by this section, for the investigation of an alleged violation of a protective order issued pursuant to P.L.2015, c.147 (C.2C:14-13 et al.) or P.L. , c. (C. ) (pending before the Legislature as this bill), conducting a background investigation involving a person's application for employment at a police or law enforcement agency, making a determination of an issue before the court, conducting a background investigation as specified in subsection e. of this section, or for any other purpose other than that which is authorized by law, the Rules of Court or court order, shall be guilty of a crime of the fourth degree.¹

(cf: P.L.2015, c.147, s.8)

¹[3.] 4.¹ The Supreme Court may adopt Rules of Court to implement the purposes of this act.

¹[4.] 5.¹ Section 2 of P.L.1999, c.47 (C.2C:12-10.2) is repealed.

¹[5. ] 6.¹ This act shall take effect on the first day of the ¹[third] sixth¹ month next following enactment.