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.
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.
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.
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.
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.
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.
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.
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.
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.