New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A3093

Introduced
3/7/22  
Refer
3/7/22  
Report Pass
2/16/23  
Refer
3/9/23  
Report Pass
3/9/23  
Engrossed
3/30/23  
Refer
5/8/23  
Report Pass
6/12/23  
Enrolled
12/11/23  
Chaptered
1/8/24  

Caption

Authorizes court to include in domestic violence restraining orders a provision making the order applicable to a pregnant victim's child upon birth of the child.

Impact

The bill amends the existing domestic violence laws codified in P.L.1991, c.261 to enhance protections for the most vulnerable victims. By adding this provision, the law acknowledges the rights of the unborn child, thus broadening the scope of domestic violence protections. This could lead to new precedents in protecting children from potential harm associated with domestic abuse, thereby promoting a safer environment for victims during a critical time in their lives. Furthermore, it may influence how courts handle similar cases and encourage more victims to seek legal protection during pregnancy.

Summary

Assembly Bill A3093 addresses domestic violence by allowing courts to include provisions in restraining orders that protect a pregnant victim's child upon birth. Specifically, if a pregnant victim requests it, the court may ensure that the restraining order covers the child immediately after birth. This aims to expand the protections offered under current domestic violence legislation in New Jersey by addressing the specific needs of pregnant victims and their children, emphasizing their safety and well-being in situations of domestic violence.

Sentiment

The sentiment surrounding A3093 appears to be supportive among advocates for victims of domestic violence, particularly those focusing on reproductive rights and child protection. Supporters argue that this amendment is a crucial step toward safeguarding vulnerable populations. However, there are concerns regarding the implementation of such provisions, specifically regarding the implications on judicial resources and the need for judges to make determinations concerning unborn children in domestic violence cases.

Contention

Notable points of contention may include debates over the adequacy of existing protections and whether the inclusion of unborn children in restraining orders creates additional complexities within the judicial system. Opponents might argue that adding such provisions could potentially complicate the judicial process or lead to challenges in enforcing these orders effectively. Moreover, the conversations around this bill may reflect broader societal concerns on reproductive rights and parental authority in domestic conflict situations, which could lead to varying opinions on its implications.

Companion Bills

NJ S1516

Same As Authorizes court to include in domestic violence restraining orders a provision making the order applicable to a pregnant victim's child upon birth of the child.

Similar Bills

NJ S2861

Permits court to order counseling for children in households with domestic violence in appropriate cases; establishes presumption of award of custody to domestic violence victim in appropriate cases.

NJ A567

Permits court to order counseling for children in households with domestic violence in appropriate cases; establishes presumption of award of custody to domestic violence victim in appropriate cases.

NJ S4066

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.

NJ A5477

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.

NJ A3730

Permits court to order counseling for children in households with domestic violence in appropriate cases; establishes presumption of award of custody to domestic violence victim in appropriate cases.

NJ S2699

Permits court to order counseling for children in households with domestic violence in appropriate cases.

NJ A1724

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

NJ S159

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