New Jersey A 409: Establishes public awareness campaign concerning the dangers of leaving children unattended in and around motor vehicles.

Bill Text

A409 

ASSEMBLY, No. 409 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman VICTORIA A. FLYNN

District 13 (Monmouth)

Assemblyman GERRY SCHARFENBERGER

District 13 (Monmouth)

SYNOPSIS

���� Establishes that final restraining order survives 
plaintiff's death where other persons are also protected; requires prosecutors 
to provide notice of defendant's release to other persons protected by order.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning domestic violence restraining orders and 
amending P.L.1991, c.261 and P.L.1994, c.137.

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

���� 1. Section 1 of P.L.1994, 
c.137 (C.2C:25-26.1) is amended to read as follows: 

���� 1.�� Notwithstanding any other 
provision of law to the contrary, whenever a defendant charged with a crime or 
an offense involving domestic violence is released from custody the prosecuting 
agency -shall notify the victim and any other person who is listed as a 
protected person on any final restraining order, issued pursuant to P.L.1991, 
c.261 (C.2C:25-17 et seq.). 

(cf: P.L.1994, c.137, s.1) 

���� 2. Section 13 of P.L.1991, 
c.261 (C.2C:25-29) is amended to read as follows: 

���� 13.� a.� Except as otherwise 
provided in this subsection, a hearing shall be held in the Family Part of the 
Chancery Division of the Superior Court within 10 days of the filing of a 
complaint pursuant to section 12 of P.L.1991, c.261 (C.2C:25-28) in the county 
where the ex parte restraints were ordered, unless good cause is shown for the 
hearing to be held elsewhere.� A copy of the complaint shall be served on the 
defendant in conformity with the Rules of Court. If a criminal complaint 
arising out of the same incident which is the subject matter of a complaint 
brought under P.L.1981, c.426 (C.2C:25-1 et seq.) or P.L.1991, c.261 
(C.2C:25-17 et seq.) has been filed, testimony given by the plaintiff or 
defendant in the domestic violence matter shall not be used in the simultaneous 
or subsequent criminal proceeding against the defendant, other than domestic 
violence contempt matters and where it would otherwise be admissible hearsay 
under the rules of evidence that govern where a party is unavailable.� If there 
are law enforcement records related to an incident which is the subject of a 
complaint or the domestic violence history described in the complaint, and the 
plaintiff has requested the records, the court shall grant plaintiff's request 
for an adjournment if reasonably needed to collect evidence contained in the 
law enforcement records.� If the plaintiff has requested records from a law 
enforcement agency pursuant to section 1 of P.L.2023, c.322 (C.2C:25-23.1), but 
has not received the records as of the date of the original or rescheduled 
hearing, the law enforcement agency's failure to provide the requested records 
shall be noted on the record prior to the court making a final determination on 
the request for restraints.� The absence of law enforcement records shall not 
be a basis to deny relief pursuant to this section.� At the hearing the 
standard for proving the allegations in the complaint shall be by a 
preponderance of the evidence.

���� In considering the necessity 
of ordering a restraining order the court shall consider but not be limited to 
the following factors:

���� (1)�� The previous history of 
domestic violence between the plaintiff and defendant, including threats, 
harassment and physical abuse; 

���� (2)�� The existence of 
immediate danger to person or property; 

���� (3)�� The financial 
circumstances of the plaintiff and defendant; 

���� (4)�� The best interests of 
the victim and any child; 

���� (5)�� In determining custody 
and parenting time the protection of the victim's safety;� 

���� (6)�� The existence of a 
verifiable order of protection from another jurisdiction; and

���� (7)�� Any pattern of coercive 
control against a person that in purpose or effect unreasonably interferes 
with, threatens, or exploits a person's liberty, freedom, bodily integrity, or 
human rights with the court specifically considering evidence of the need for 
protection from immediate danger or the prevention of further abuse.� If the 
court finds that one or more factors of coercive control are more or less 
relevant than others, the court shall make specific written findings of fact 
and conclusions of law on the reasons why the court reached that conclusion.� 
Coercive control may include, but shall not be limited to:

���� (a) isolating the person from 
friends, relatives, transportation, medical care, or other source of support;

���� (b) depriving the person of 
basic necessities;

���� (c) monitoring the person's 
movements, communications, daily behavior, finances, economic resources, or 
access to services;

���� (d) compelling the pers