New Jersey Assembly Bill A1618

New Jersey 2022-2023 Regular Session

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

Caption

Expands statute authorizing temporary restraining orders for certain alleged stalking victims to include victims of any age or mental capacity.

Impact

The bill modifies Section 2 of P.L.1999, c.47 which governs restraining orders related to stalking. By enabling any alleged victim, including adults and those with mental disabilities, to file for a restraining order, the bill seeks to quickly address the potential dangers posed by stalkers before a conviction is established. This is significant in preventing long delays in legal processes that could endanger victims who feel threatened or harmed. The bill also emphasizes that a conviction does not need to precede the issuance of a temporary restraining order, which is a critical element for expedited protection.

Summary

Assembly Bill A1618 seeks to expand the existing legal framework concerning stalking in New Jersey by allowing any person alleging to be a victim of stalking, regardless of their age or mental capacity, to apply for a temporary restraining order. Currently, the law restricts this ability mainly to parents or guardians of children and certain individuals with developmental disabilities or mental conditions. This expansion signifies a shift towards providing broader protections for all victims, indicating a recognition of the need for immediate legal recourse against stalking behaviors.

Contention

While the bill has the potential to enhance victim protections, it may raise concerns among legal professionals about the standards for granting restraining orders. According to the bill, a temporary restraining order can be issued without the presence of the defendant in emergency situations, which some critics argue could lead to misuse or false accusations. Moreover, it mandates that any temporary order must be reviewed within ten days to determine its continuation. This quick review process aims to mitigate the risk of arbitrary restraining orders but could impose strains on the court system if not managed properly.