New Jersey Senate Bill S159

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Requires court to consider results of domestic violence assessment before dissolving certain domestic violence restraining orders.

Impact

The bill introduces a significant amendment to the existing domestic violence laws encoded in P.L.1991, c.261 (C.2C:25-29). By establishing a requirement for assessments, it partners the legal process with mental health evaluations to ensure that the courts have access to crucial information when deciding whether to lift restraining orders. This could potentially save lives and enhance the safety of victims by preventing rash decisions that may put them at risk, thus reinforcing the judicial framework that aims to protect individuals from domestic violence.

Summary

Senate Bill 159, also known as the Domestic Violence Assessment Bill, is a legislative proposal in New Jersey aimed at strengthening the judicial process surrounding domestic violence restraining orders. This bill mandates that courts must consider the results of a domestic violence assessment prior to dissolving any final restraining orders, particularly when a defendant has faced multiple restraining orders. The assessments must be carried out by qualified mental health professionals and are aimed at evaluating the likelihood of future violent behavior by the offender towards the victim or others at risk.

Contention

While supporters argue that this bill will enhance victim safety and justice, critics may express concern about the costs associated with mandatory assessments, which are to be borne by the defendants. There can be apprehension about the accessibility and implementation of these assessments, including the availability of licensed professionals qualified to conduct them. Furthermore, there may be debates surrounding autonomy, as some might argue that additional layers in legal proceedings regarding dissolving restraining orders could unnecessarily complicate an already fraught process for victims seeking closure or resolution.