Requires seizure of ammunition and certain firearm components in response to domestic violence restraining order or conviction.

A2008

ASSEMBLY, No. 2008

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman SHAMA A. HAIDER

District 37 (Bergen)

Assemblywoman ELLEN J. PARK

District 37 (Bergen)

Co-Sponsored by:

Assemblywoman Swain and Assemblyman Tully

SYNOPSIS

���� Requires seizure of ammunition and certain firearm
components in response to domestic violence restraining order or conviction.

CURRENT VERSION OF TEXT

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

��

An Act

concerning domestic violence and firearms and
amending various parts of the statutory law.

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

����� 1.
�N.J.S.2C:39-1 is amended to read as follows:

����� 2C:39-1.
Definitions. The following definitions apply to this chapter and to chapter 58:

����� a.�� �Antique
firearm� means any rifle or shotgun and �antique cannon� means a destructive
device defined in paragraph (3) of subsection c. of this section, if the rifle,
shotgun or destructive device, or replica thereof, as the case may be, is
incapable of being fired or discharged, or which does not fire fixed
ammunition, regardless of date of manufacture, or was manufactured before 1898
for which cartridge ammunition is not commercially available, and is possessed
as a curiosity or ornament or for its historical significance or value.

����� b.�� �Deface�
means to remove, deface, cover, alter or destroy the name of the maker, model
designation, manufacturer�s serial number or any other distinguishing
identification mark or number on any firearm.

����� c.�� �Destructive
device� means any device, instrument or object designed to explode or produce
uncontrolled combustion, including:

����� (1)
�any explosive or incendiary bomb, mine or grenade;

����� (2)
�any rocket having a propellant charge of more than four ounces or any missile
having an explosive or incendiary charge of more than one-quarter of an ounce;

����� (3)
�any weapon capable of firing a projectile of a caliber greater than 60
caliber, except a shotgun or shotgun ammunition generally recognized as
suitable for sporting purposes;

����� (4)
�any Molotov cocktail or other device consisting of a breakable container
containing flammable liquid and having a wick or similar device capable of
being ignited.� The term shall not include any device manufactured for the
purpose of illumination, distress signaling, line-throwing, safety or similar
purposes; or

����� (5)
�any center-fire rifle that is capable of firing a .50 BMG cartridge as defined
in subsection mm. of this section.

����� The
provisions of this paragraph shall not apply to any antique firearm as defined
in subsection a. of this section or any �curio or relic� as defined in 27 CFR
478.11.

����� The
provisions of this paragraph also shall not apply to a weapon solely used to
fire blank ammunition for the purpose of a living historical reenactment as
defined in subsection nn. of this section.

����� d.�� �Dispose
of� means to give, give away, lease, loan, keep for sale, offer, offer for
sale, sell, transfer, or otherwise transfer possession.

����� e.�� �Explosive�
means any chemical compound or mixture that is commonly used or is possessed
for the purpose of producing an explosion and which contains any oxidizing and
combustible materials or other ingredients in such proportions, quantities or
packing that an ignition by fire, by friction, by concussion or by detonation
of any part of the compound or mixture may cause such a sudden generation of
highly heated gases that the resultant gaseous pressures are capable of
producing destructive effects on contiguous objects.� The term shall not
include small arms ammunition, or explosives in the form prescribed by the
official United States Pharmacopoeia.

����� f.��� �Firearm�
means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic
rifle, or any gun, device or instrument in the nature of a weapon from which
may be fired or ejected any solid projectable ball, slug, pellet, missile or
bullet, or any gas, vapor or other noxious thing, by means of a cartridge or
shell or by the action of an explosive or the igniting of flammable or
explosive substances.� It shall also include, without limitation, any firearm
which is in the nature of an air gun, spring gun or pistol or other weapon of a
similar nature in which the propelling force is a spring, elastic band, carbon
dioxide, compressed or other gas or vapor, air or compressed air, or is ignited
by compressed air, and ejecting a bullet or missile smaller than three-eighths
of an inch in diameter, with sufficient force to injure a person.

����� g.�� �Firearm
silencer� means any instrument, attachment, weapon or appliance for causing the
firing of any gun, revolver, pistol or other firearm to be silent, or intended
to lessen or muffle the noise of the firing of any gun, revolver, pistol or
other firearm.

����� h.�� �Gravity
knife� means any knife which has a blade which is released from the handle or
sheath thereof by the force of gravity or the application of centrifugal force.

����� i.��� �Machine
gun� means any firearm, mechanism or instrument not requiring that the trigger
be pressed for each shot and having a reservoir, belt or other means of storing
and carrying ammunition which can be loaded into the firearm, mechanism or
instrument and fired therefrom.� A machine gun also shall include, without
limitation, any firearm with a trigger crank attached.

����� j.��� �Manufacturer�
means any person who receives or obtains raw materials or parts and processes
them into firearms or finished parts of firearms, except a person who
exclusively processes grips, stocks and other nonmetal parts of firearms.� The
term does not include a person who repairs existing firearms or receives new
and used raw materials or parts solely for the repair of existing firearms.

����� k.�� �Handgun�
means any pistol, revolver or other firearm originally designed or manufactured
to be fired by the use of a single hand.

����� l.��� �Retail
dealer� means any person including a gunsmith, except a manufacturer or a
wholesale dealer, who sells, transfers or assigns for a fee or profit any
firearm or parts of firearms or ammunition which he has purchased or obtained
with the intention, or for the purpose, of reselling or reassigning to persons
who are reasonably understood to be the ultimate consumers, and includes any
person who is engaged in the business of repairing firearms or who sells any
firearm to satisfy a debt secured by the pledge of a firearm.

����� m.� �Rifle�
means any firearm designed to be fired from the shoulder and using the energy
of the explosive in a fixed metallic cartridge to fire a single projectile
through a rifled bore for each single pull of the trigger.

����� n.�� �Shotgun�
means any firearm designed to be fired from the shoulder and using the energy
of the explosive in a fixed shotgun shell to fire through a smooth bore either
a number of ball shots or a single projectile for each pull of the trigger, or
any firearm designed to be fired from the shoulder which does not fire fixed
ammunition.

����� o.�� �Sawed-off
shotgun� means any shotgun having a barrel or barrels of less than 18 inches in
length measured from the breech to the muzzle, or a rifle having a barrel or
barrels of less than 16 inches in length measured from the breech to the
muzzle, or any firearm made from a rifle or a shotgun, whether by alteration,
or otherwise, if such firearm as modified has an overall length of less than 26
inches.

����� p.�� �Switchblade
knife� means any knife or similar device which has a blade which opens
automatically by hand pressure applied to a button, spring or other device in
the handle of the knife.

����� q.�� �Superintendent�
means the Superintendent of the State Police.

����� r.��� �Weapon�
means anything readily capable of lethal use or of inflicting serious bodily
injury.� The term includes, but is not limited to, all (1) firearms, even
though not loaded or lacking a clip or other component to render them
immediately operable; (2) components which can be readily assembled into a
weapon; (3) gravity knives, switchblade knives, daggers, dirks, stilettos, or
other dangerous knives, billies, blackjacks, bludgeons, metal knuckles,
sandclubs, slingshots, cesti or similar leather bands studded with metal
filings or razor blades imbedded in wood; and (4) stun guns; and any weapon or
other device which projects, releases, or emits tear gas or any other substance
intended to produce temporary physical discomfort or permanent injury through being
vaporized or otherwise dispensed in the air.

����� s.�� �Wholesale
dealer� means any person, except a manufacturer, who sells, transfers, or
assigns firearms, or parts of firearms, to persons who are reasonably
understood not to be the ultimate consumers, and includes persons who receive
finished parts of firearms and assemble them into completed or partially
completed firearms, in furtherance of such purpose, except that it shall not
include those persons dealing exclusively in grips, stocks and other nonmetal
parts of firearms.

����� t.��� �Stun
gun� means any weapon or other device which emits an electrical charge or
current intended to temporarily or permanently disable a person.

����� u.�� �Ballistic
knife� means any weapon or other device capable of lethal use and which can
propel a knife blade.

����� v.�� �Imitation
firearm� means an object or device reasonably capable of being mistaken for a
firearm.

����� w.� �Assault
firearm� means:

����� (1)
The following firearms:

����� Algimec
AGM1 type

����� Any
shotgun with a revolving cylinder such as the �Street Sweeper� or �Striker 12�

����� Armalite
AR-180 type

����� Australian
Automatic Arms SAR

����� Avtomat
Kalashnikov type semi-automatic firearms

����� Beretta
AR-70 and BM59 semi-automatic firearms

����� Bushmaster
Assault Rifle

����� Calico
M-900 Assault carbine and M-900

����� CETME
G3

����� Chartered
Industries of Singapore SR-88 type

����� Colt
AR-15 and CAR-15 series

����� Daewoo
K-1, K-2, Max 1 and Max 2, AR 100 types

����� Demro
TAC-1 carbine type

����� Encom
MP-9 and MP-45 carbine types

����� FAMAS
MAS223 types

����� FN-FAL,
FN-LAR, or FN-FNC type semi-automatic firearms

����� Franchi
SPAS 12 and LAW 12 shotguns

����� G3SA
type

����� Galil
type Heckler and Koch HK91, HK93, HK94, MP5, PSG-1

����� Intratec
TEC 9 and 22 semi-automatic firearms

����� M1
carbine type

����� M14S
type

����� MAC
10, MAC 11, MAC 11-9mm carbine type firearms

����� PJK
M-68 carbine type

����� Plainfield
Machine Company Carbine

����� Ruger
K-Mini-14/5F and Mini-14/5RF

����� SIG
AMT, SIG 550SP, SIG 551SP, SIG PE-57 types

����� SKS
with detachable magazine type

����� Spectre
Auto carbine type

����� Springfield
Armory BM59 and SAR-48 type

����� Sterling
MK-6, MK-7 and SAR types

����� Steyr
A.U.G. semi-automatic firearms

����� USAS
12 semi-automatic type shotgun

����� Uzi
type semi-automatic firearms

����� Valmet
M62, M71S, M76, or M78 type semi-automatic firearms

����� Weaver
Arm Nighthawk.

����� (2)
Any firearm manufactured under any designation which is substantially identical
to any of the firearms listed above.

����� (3)
A semi-automatic shotgun with either a magazine capacity exceeding six rounds,
a pistol grip, or a folding stock.

����� (4)
A semi-automatic rifle with a fixed magazine capacity exceeding 10 rounds.�
�Assault firearm� shall not include a semi-automatic rifle which has an
attached tubular device and which is capable of operating only with .22 caliber
rimfire ammunition.

����� (5)
A part or combination of parts designed or intended to convert a firearm into
an assault firearm, or any combination of parts from which an assault firearm
may be readily assembled if those parts are in the possession or under the
control of the same person.

����� (6)
A firearm with a bump stock attached.

����� x.�� �Semi-automatic�
means a firearm which fires a single projectile for each single pull of the
trigger and is self-reloading or automatically chambers a round, cartridge, or
bullet.

����� y.�� �Large
capacity ammunition magazine� means a box, drum, tube or other container which
is capable of holding more than 10 rounds of ammunition to be fed continuously
and directly therefrom into a semi-automatic firearm.� The term shall not
include an attached tubular device which is capable of holding only .22 caliber
rimfire ammunition.

����� z.�� �Pistol
grip� means a well-defined handle, similar to that found on a handgun, that
protrudes conspicuously beneath the action of the weapon, and which permits the
shotgun to be held and fired with one hand.

����� aa.
�Antique handgun� means a handgun manufactured before 1898, or a replica
thereof, which is recognized as being historical in nature or of historical
significance and either (1) utilizes a match, friction, flint, or percussion
ignition, or which utilizes a pin-fire cartridge in which the pin is part of
the cartridge or (2) does not fire fixed ammunition or for which cartridge
ammunition is not commercially available.

����� bb.
�Trigger lock� means a commercially available device approved by the
Superintendent of State Police which is operated with a key or combination lock
that prevents a firearm from being discharged while the device is attached to
the firearm.� It may include, but need not be limited to, devices that obstruct
the barrel or cylinder of the firearm, as well as devices that immobilize the
trigger.

����� cc.
�Trigger locking device� means a device that, if installed on a firearm and
secured by means of a key or mechanically, electronically or
electromechanically operated combination lock, prevents the firearm from being
discharged without first deactivating or removing the device by means of a key
or mechanically, electronically or electromechanically operated combination
lock.

����� dd.
�Personalized handgun� means a handgun which incorporates within its design a
permanent programmable feature as part of its manufacture that cannot be
deactivated and renders the personalized handgun reasonably resistant to being
fired except when activated by the lawful owner or other authorized user.� No
make or model of a handgun shall be deemed to be a �personalized handgun�
unless the Personalized Handgun Authorization Commission established pursuant
to section 1 of P.L.2019, c.164 (C.2C:58-2.7) has determined, in accordance
with section 2 of P.L.2019, c.164 (C.2C:58-2.8), that the personalized handgun
meets the performance standards and qualifying criteria established pursuant to
section 2 of P.L.2019, c.164 (C.2C:58-2.8).

����� ee.
�Bump stock� means any device or instrument for a firearm that increases the
rate of fire achievable with the firearm by using energy from the recoil of the
firearm to generate a reciprocating action that facilitates repeated activation
of the trigger.

����� ff.
�Trigger crank� means any device or instrument to be attached to a firearm that
repeatedly activates the trigger of the firearm through the use of a lever or
other part that is turned in a circular motion; provided, however, the term
shall not include any weapon initially designed and manufactured to fire
through the use of a crank or lever.

����� gg.
�Armor piercing ammunition� means: (1) a projectile or projectile core which
may be used in a handgun and is constructed entirely, excluding the presence of
traces of other substances, from one or a combination of tungsten alloys,
steel, iron, brass, bronze, beryllium copper, or depleted uranium; or (2) a
full jacketed projectile larger than .22 caliber designed and intended for use
in a handgun and whose jacket has a weight of more than 25 percent of the total
weight of the projectile.� �Armor piercing ammunition� shall not include
shotgun shot required by federal or State environmental or game regulations for
hunting purposes, a frangible projectile designed for target shooting, a
projectile which the United States Attorney General finds is primarily intended
to be used for sporting purposes, or any other projectile or projectile core
which the United States Attorney General finds is intended to be used for
industrial purposes, including a charge used in an oil gas well perforating
device.

����� hh.
�Covert firearm� means any firearm that is constructed in a shape or
configuration such that it does not resemble a handgun, rifle, shotgun, or
machine gun including, but not limited to, a firearm that resembles a
key-chain, pen, cigarette lighter, cigarette package, cellphone, smart phone,
wallet, or cane.

����� ii.
�Undetectable firearm� means a firearm that: (1) after removal of all parts
other than major components, is not as detectable as the Security Exemplar, by
walk-through metal detectors calibrated and operated to detect the Security
Exemplar; or (2) includes a major component which, if the firearm were
subjected to inspection by the types of detection devices commonly used at
airports for security screening, would not generate an image that accurately
depicts the shape of the component.� �Undetectable firearm� shall not be
construed to include a firearm subject to the provisions of paragraphs (3)
through (6) of subsection (p) of 18 U.S.C. s.922.

����� jj.
�Major component� means the slide or cylinder or the frame or receiver of a
firearm and, in the case of a rifle or shotgun, also includes the barrel.

����� kk.
�Security Exemplar� means the Security Exemplar fabricated in accordance with
subparagraph (C) of paragraph (2) of subsection (p) of 18 U.S.C. s.922.

����� ll.
�Authorized user� means the lawful owner of a personalized handgun or a person
to whom the owner has given consent to use the personalized handgun.

����� mm.
�.50 BMG cartridge� means a cartridge that is designed and intended to be fired
from a center-fire rifle and that meets all of the following criteria:

����� (1)
it has an overall length of 5.54 inches from the base to the tip of the bullet;

����� (2)
the bullet diameter for the cartridge is from .510 inches to and including .511
inch;

����� (3)
the case base diameter for the cartridge is from .800 inches to and including
.804 inch; and

����� (4)
the cartridge case length is 3.91 inches.

����� nn.
�Living historical reenactment� means a depiction of historical characters,
scenes, historical life, or events for entertainment, education, or historical
documentation through the wearing or use of period, historical, antique or
vintage clothing, accessories, firearms, weapons, and other implements of the
historical period.

�����
oo.
�Firearm accessory� means any device that attaches to a firearm, or that is
used in or facilitates the operation of a firearm, including but not limited
to, stocks, grips, and detachable magazines.

�����
pp.
�Firearm component� means any part of a firearm that is material to the
function of the firearm including, but not limited to, a major component as
defined in subsection jj. of this section.

(cf:
P.L.2022, c.54, s.1)

����� 2.
�Section 5 of P.L.1991, c.261 (C.2C:25-21) is amended to read as follows:

����� 5.
�a. �When a person claims to be a victim of domestic violence, and where a law
enforcement officer responding to the incident finds probable cause to believe
that domestic violence has occurred, the law enforcement officer shall arrest
the person who is alleged to be the person who subjected the victim to domestic
violence and shall sign a criminal complaint if:

����� (1) The
victim exhibits signs of injury caused by an act of domestic violence;

����� (2) A
warrant is in effect;

����� (3) There
is probable cause to believe that the person has violated N.J.S.2C:29-9, and
there is probable cause to believe that the person has been served with the
order alleged to have been violated.� If the victim does not have a copy of a
purported order, the officer may verify the existence of an order with the
appropriate law enforcement agency; or

����� (4) There
is probable cause to believe that a weapon as defined in N.J.S.2C:39-1 has been
involved in the commission of an act of domestic violence.

����� b.�� A
law enforcement officer may arrest a person; or may sign a criminal complaint
against that person, or may do both, where there is probable cause to believe
that an act of domestic violence has been committed, but where none of the
conditions in subsection a. of this section applies.

����� c.
(1) As used in this section, the word �exhibits� is to be liberally construed
to mean any indication that a victim has suffered bodily injury, which shall
include physical pain or any impairment of physical condition.� Where the
victim exhibits no visible sign of injury, but states that an injury has
occurred, the officer should consider other relevant factors in determining
whether there is probable cause to make an arrest.

����� (2) In
determining which party in a domestic violence incident is the victim where
both parties exhibit signs of injury, the officer should consider the
comparative extent of the injuries, the history of domestic violence between
the parties, if any, and any other relevant factors.

����� (3) No
victim shall be denied relief or arrested or charged under this act with an
offense because the victim used reasonable force in self defense against
domestic violence by an attacker.

����� d.
(1) In addition to a law enforcement officer�s authority to seize any weapon
that is contraband, evidence or an instrumentality of crime, a law enforcement
officer who has probable cause to believe that an act of domestic violence has
been committed shall:

����� (a) question
persons present to determine whether there are weapons on the premises; and

����� (b) upon
observing or learning that a weapon is present on the premises, seize any
weapon that the officer reasonably believes would expose the victim to a risk
of serious bodily injury.� If a law enforcement officer seizes any firearm
pursuant to this paragraph, the officer shall also seize any
ammunition, or
firearm accessory, or firearm component as defined in subsections oo. and pp.
of N.J.S.2C:39-1, and any
firearm purchaser identification card or permit
to purchase a handgun issued to the person accused of the act of domestic
violence.

����� (2) A
law enforcement officer shall deliver all weapons,
ammunition, firearm
accessories, firearm components,
firearms purchaser identification cards
and permits to purchase a handgun seized pursuant to this section to the county
prosecutor and shall append an inventory of all seized items to the domestic
violence report.

����� (3) Weapons
,

ammunition, firearm accessories, and firearm components
seized in accordance with the �Prevention of
Domestic Violence Act of 1991�, P.L.1991, c.261 (C.2C:25-17 et seq.) shall be
returned to the owner except upon order of the Superior Court.� The prosecutor
who has possession of the seized weapons
,
ammunition,
firearm accessories, and firearm components
may, upon notice to the owner, petition a judge of the Family Part of the
Superior Court, Chancery Division, within 45 days of seizure, to obtain title
to the seized weapons, or to revoke any and all permits, licenses and other
authorizations for the use, possession, or ownership of such weapons pursuant
to the law governing such use, possession, or ownership, or may object to the
return of the weapons
,
ammunition, firearm accessories, and
firearm components
on such grounds
as are provided for the initial rejection or later revocation of the
authorizations, or on the grounds that the owner is unfit or that the owner
poses a threat to the public in general or a person or persons in particular.

����� A
hearing shall be held and a record made thereof within 45 days of the notice
provided above.� No formal pleading and no filing fee shall be required as a
preliminary to such hearing.� The hearing shall be summary in nature.� Appeals
from the results of the hearing shall be to the Superior Court, Appellate
Division, in accordance with the law.

����� If
the prosecutor does not institute an action within 45 days of seizure, the
seized weapons
,
ammunition, firearm accessories, and firearm
components
shall be returned to the
owner.

����� After
the hearing the court shall order the return of the firearms, weapons
,
ammunition,
firearm accessories, firearm components,
and any authorization papers relating to the seized weapons
,
ammunition,
firearm accessories, and firearm components
to the owner if the court determines the owner is not subject to any of
the disabilities set forth in subsection c. of N.J.S.2C:58-3 and finds that the
complaint has been dismissed at the request of the complainant and the
prosecutor determines that there is insufficient probable cause to indict; or
if the defendant is found not guilty of the charges; or if the court determines
that the domestic violence situation no longer exists.� At least 10 days prior
to returning the seized weapons, the prosecutor shall notify each claimant or
victim that the weapons will be returned to the owner.

����� Nothing
in this act shall impair the right of the State to retain evidence pending a
criminal prosecution.� Nor shall any provision of this act be construed to
limit the authority of the State or a law enforcement officer to seize, retain
or forfeit property pursuant to chapter 64 of Title 2C of the New Jersey
Statutes.

����� If,
after the hearing, the court determines that the weapons
,
ammunition,
firearm accessories, or firearm components
are not to be returned to the owner, the court may:

����� (a) With
respect to weapons other than firearms,
ammunition, firearm accessories, or
firearm components,
order the
prosecutor to dispose of the weapons if the owner does not arrange for the
transfer or sale of the weapons to an appropriate person within 60 days; or

����� (b) Order
the revocation of the owner�s firearms purchaser identification card or any
permit, license or authorization, in which case the court shall order the owner
to surrender any firearm
,
ammunition, firearm accessories, or
firearm components
seized and all
other firearms
,
ammunition, firearm accessories, or firearm components
possessed to the prosecutor and shall order the
prosecutor to dispose of the firearms
,
ammunition, firearm accessories, or
firearm components
if the owner
does not arrange for the sale of the firearms
,
ammunition,
firearm accessories, or firearm components
to a registered dealer of the firearms within 60 days; or

����� (c) Order
such other relief as it may deem appropriate.� When the court orders the
weapons
, firearms,
ammunition, firearm accessories, or firearm components
forfeited to the State or the prosecutor is
required to dispose of the weapons, the prosecutor shall dispose of the
property as provided in N.J.S.2C:64-6.

����� (4) A
civil suit may be brought to enjoin a wrongful failure to return a seized
firearm
,
ammunition, firearm accessory, or firearm component
where the prosecutor refuses to return the
[
weapon
]

firearm,
ammunition, firearm accessory, or
firearm component
after receiving a
written request to do so and notice of the owner�s intent to bring a civil
action pursuant to this section.� Failure of the prosecutor to comply with the
provisions of this act shall entitle the prevailing party in the civil suit to
reasonable costs, including attorney�s fees, provided that the court finds that
the prosecutor failed to act in good faith in retaining the seized weapon.

����� (5) No
law enforcement officer or agency shall be held liable in any civil action
brought by any person for failing to learn of, locate or seize a weapon
,
ammunition,
firearm accessory, or firearm component
pursuant to this act, or for returning a seized weapon
,
ammunition,
firearm accessory, or firearm component
to its owner.

(cf:
P.L.2021, c.358, s.1)

����� 3.
�Section 10 of P.L.1991, c.261 (C.2C:25-26) is amended to read as follows:

����� 10.
�a. �When a defendant charged with a crime or offense involving domestic
violence is released from custody before trial on bail or personal
recognizance, the court authorizing the release may as a condition of release
issue an order prohibiting the defendant from having any contact with the
victim including, but not limited to, restraining the defendant from entering
the victim�s residence, place of employment or business, or school, and from
harassing or stalking the victim or the victim�s friends, co-workers, or
relatives in any way.� If the victim is pregnant, at the victim�s request the
court may order that the victim�s child shall, immediately upon birth, be
included in the order.� The court may also enter an order prohibiting the
defendant from having any contact with any animal owned, possessed, leased,
kept, or held by either party or a minor child residing in the household.� In
addition, the court may enter an order directing the possession of the animal
and providing that the animal shall not be disposed of prior to the disposition
of the crime or offense.� The court may enter an order prohibiting the
defendant from possessing any firearm
,
ammunition, or firearm accessory or
firearm component as defined in subsections oo. and pp. of N.J.S.2C:29-1,
or
[
other
]
weapon enumerated in subsection r. of N.J.S.2C:39-1
and ordering the search for and seizure of any such weapon at any location
where the judge has reasonable cause to believe the weapon is located.� The
judge shall state with specificity the reasons for and scope of the search and
seizure authorized by the order.

����� b.�� The
written court order releasing the defendant shall contain the court�s
directives specifically restricting the defendant�s ability to have contact
with the victim, the victim�s friends, co-workers, or relatives, or any animal
owned, possessed, leased, kept, or held by either party or a minor child
residing in the household.� The prosecutor shall provide a copy of this order
to the victim forthwith.

����� c.�� The
victim�s location shall remain confidential and shall not appear on any
documents or records to which the defendant has access.

����� d.�� Before
bail is set, the defendant�s prior record shall be considered by the court.�
The court shall also conduct a search of the domestic violence central
registry.� Bail shall be set as soon as is feasible, but in all cases within 24
hours of arrest.

����� e.�� Once
bail is set it shall not be reduced without prior notice to the county
prosecutor and the victim.� Bail shall not be reduced by a judge other than the
judge who originally ordered bail, unless the reasons for the amount of the
original bail are available to the judge who reduces the bail and are set forth
in the record.

����� f.��� A
victim shall not be prohibited from applying for, and a court shall not be
prohibited from issuing, temporary restraints pursuant to this act because the
victim has charged any person with commission of a criminal act.

(cf:
P.L.2023, c.239, s.1)

����� 4.
�Section 11 of P.L.1991, c.261 (C.2C:25-27) is amended to read as follows:

����� 11.
�a. �When a defendant is found guilty of a crime or offense involving domestic
violence and a condition of sentence restricts the defendant�s ability to have
contact with the victim, the victim�s friends, co-workers, or relatives, or an
animal owned, possessed, leased, kept, or held by either party or a minor child
residing in the household, that condition shall be recorded in an order of the
court and a written copy of that order shall be provided to the victim by the
clerk of the court or other person designated by the court.� If the victim is
pregnant, at the victim�s request the court may order that the victim�s child
shall, immediately upon birth, be included in the order.� In addition to
restricting a defendant�s ability to have contact with the victim, the victim�s
friends, co-workers, or relatives, or an animal owned, possessed, leased, kept,
or held by either party or a minor child residing in the household, the court
may require the defendant to receive professional counseling from either a private
source or a source appointed by the court, and if the court so orders, the
court shall require the defendant to provide documentation of attendance at the
professional counseling.� In any case where the court order contains a
requirement that the defendant receive professional counseling, no application
by the defendant to dissolve the restraining order shall be granted unless, in
addition to any other provisions required by law or conditions ordered by the
court, the defendant has completed all required attendance at such counseling.

����� b.�� In
addition the court may enter an order directing the possession of an animal
owned, possessed, leased, kept, or held by either party or a minor child
residing in the household.� Where a person has abused or threatened to abuse
such animal, there shall be a presumption that possession of the animal shall
be awarded to the non-abusive party.

����� c.
�(1) �When a defendant is found guilty of a crime or offense involving domestic
violence, the court shall inform the defendant that the defendant is prohibited
from purchasing, owning, possessing, or controlling a firearm
or ammunition

pursuant to section 6 of P.L.1979, c.179 (C.2C:39-7)
, or firearm accessories
or firearm components as defined in subsections oo. and pp. of N.J.S.2C:39-1

and from receiving or retaining a firearms purchaser identification card or
permit to purchase a handgun pursuant to N.J.S.2C:58-3.� The court shall order
the defendant to arrange for the immediate surrender to a law enforcement
officer of any firearm
,
ammunition, firearm accessory, or firearm
component
that has not already been
seized or surrendered and any firearms purchaser identification card or permit
to purchase a handgun possessed by the defendant.� No later than five business
days after the order is entered, however, the defendant may arrange to sell any
surrendered firearm
,
ammunition, firearm accessory, or firearm component
to a licensed retail dealer of firearms who shall
be authorized to take possession of that purchased firearm
,
ammunition,
firearm accessory, or firearm component
from the law enforcement agency to which it was surrendered no later than
10 business days after the order is entered.� Any card or permit issued to the
defendant shall be deemed immediately revoked.� The court shall establish a
process for notifying the appropriate authorities of the conviction requiring
the revocation of the card or permit.� A law enforcement officer accepting a
surrendered firearm
,
ammunition, firearm accessory, or firearm component
shall provide the defendant with a receipt listing
the date of surrender, the name of the defendant, and any item that has been
surrendered, including
, as appropriate,
the serial number, manufacturer,
and model of the surrendered firearm
,
ammunition, firearm accessory, or
firearm component
.� The defendant
shall provide a copy of this receipt to the prosecutor within 48 hours of
service of the order, and shall attest under penalty that any firearms
,
ammunition,
firearm accessories, or firearm components
owned or possessed at the time of the order have been transferred in
accordance with this section and that the defendant currently does not possess
any
[
firearms
]

of these items
.� The defendant alternatively
may attest under penalty that he did not own or possess a firearm
,
ammunition,
firearm accessory, or firearm component
at the time of the order and currently does not possess a firearm
,
ammunition,
firearm accessory, or firearm component
.� If the court, upon motion of the prosecutor, finds probable cause that
the defendant has failed to surrender any firearm
,
ammunition,
firearm accessory, firearm component
, card, or permit, the court may order a search for and removal of these
items at any location where the judge has reasonable cause to believe these
items are located.� The judge shall state with specificity the reasons for and
the scope of the search and seizure authorized by the order.

����� (2)
A law enforcement officer who receives a firearm
,
ammunition,
firearm accessory, or firearm component
that is surrendered, but not purchased and taken possession of by a
licensed retail dealer of firearms within 10 business days of when the order is
entered pursuant to paragraph (1) of this subsection, may dispose of the
surrendered firearm
,
ammunition, firearm accessory, or firearm component
in accordance with the provisions of
N.J.S.2C:64-6.� A firearm
,
ammunition, firearm accessory, or firearm
component
purchased by a licensed
retail dealer from a defendant shall become part of the inventory of the
dealer.

(cf:
P.L.2023, c.239, s.2)

����� 5.
�Section 12 of P.L.1991, c.261 (C.2C:25-28) is amended to read as follows:

����� 12.
�a. �A victim may file a complaint alleging the commission of an act of
domestic violence with the Family Part of the Chancery Division of the Superior
Court in conformity with the Rules of Court.� The court shall not dismiss any
complaint or delay disposition of a case because the victim has left the
residence to avoid further incidents of domestic violence.� Filing a complaint
pursuant to this section shall not prevent the filing of a criminal complaint
for the same act.

����� On
weekends, holidays and other times when the court is closed, a victim may file
a complaint before a judge of the Family Part of the Chancery Division of the
Superior Court or a municipal court judge who shall be assigned to accept
complaints and issue emergency, ex parte relief in the form of temporary
restraining orders pursuant to this act.

����� A
plaintiff may apply for relief under this section in a court having
jurisdiction over the place where the alleged act of domestic violence
occurred, where the defendant resides, or where the plaintiff resides or is
sheltered, and the court shall follow the same procedures applicable to other
emergency applications.� Criminal complaints filed pursuant to this act shall
be investigated and prosecuted in the jurisdiction where the offense is alleged
to have occurred.� Contempt complaints filed pursuant to N.J.S.2C:29-9 shall be
prosecuted in the county where the contempt is alleged to have been committed
and a copy of the contempt complaint shall be forwarded to the court that
issued the order alleged to have been violated.

����� b.�� The
court shall waive any requirement that the petitioner�s place of residence
appear on the complaint.

����� c.
�(1) �The clerk of the court, or other person designated by the court, shall
assist the parties in completing any forms necessary for the filing of a
summons, complaint, answer or other pleading.

����� (2)
�The plaintiff may provide information concerning firearms
, ammunition, or
firearm accessories or firearm components as defined in subsections oo. and pp.
of N.J.S.2C:39-1,
to which the defendant has access, including the location
of these firearms
and related items
, if known, on a form to be
prescribed by the Administrative Director of the Courts.

����� (3)
�Information provided by the plaintiff concerning firearms
, ammunition, or
firearm accessories or firearm components as defined in subsections oo. and pp.
of N.J.S.2C:39-1,
to which the defendant has access shall be kept
confidential and shall not be disseminated or disclosed, provided that nothing
in this subsection shall prohibit dissemination or disclosure of this
information in a manner consistent with and in furtherance of the purpose for
which the information was provided.

����� d.�� Summons
and complaint forms shall be readily available at the clerk�s office, at the
municipal courts and at municipal and State police stations.

����� e.�� As
soon as the domestic violence complaint is filed, both the victim and the
abuser shall be advised of any programs or services available for advice and
counseling.

����� f.��� A
plaintiff may seek emergency, ex parte relief in the nature of a temporary
restraining order.� A municipal court judge or a judge of the Family Part of
the Chancery Division of the Superior Court may enter an ex parte order when
necessary to protect the life, health or well-being of a victim on whose behalf
the relief is sought.

����� g.�� If
it appears that the plaintiff is in danger of domestic violence, the judge
shall, upon consideration of the plaintiff�s domestic violence complaint, order
emergency ex parte relief, in the nature of a temporary restraining order.� A
decision shall be made by the judge regarding the emergency relief forthwith.

����� h.
�(1) �A judge may issue a temporary restraining order upon sworn testimony or
complaint of an applicant who is not physically present, pursuant to court
rules, or by a person who represents a person who is physically or mentally
incapable of filing personally.� A temporary restraining order may be issued if
the judge is satisfied that exigent circumstances exist sufficient to excuse
the failure of the applicant to appear personally and that sufficient grounds
for granting the application have been shown.

����� (2)
�The Administrative Office of the Court shall prepare standard templates for
temporary restraining orders in English, Spanish, and the other high-demand
languages identified in its Language Access Plan as approved by the Supreme
Court.� These templates shall be available for law enforcement, judges of the
Municipal Court, and judges and staff of the Superior Court to provide to the
victim and defendant when issuing temporary restraining orders pursuant to this
section.

����� i.��� An
order for emergency, ex parte relief shall be granted upon good cause shown and
shall remain in effect until a judge of the Family Part issues a further
order.� Any temporary order hereunder is immediately appealable for a plenary
hearing de novo not on the record before any judge of the Family Part of the
county in which the plaintiff resides or is sheltered if that judge issued the
temporary order or has access to the reasons for the issuance of the temporary
order and sets forth in the record the reasons for the modification or
dissolution.� The denial of a temporary restraining order by a municipal court
judge and subsequent administrative dismissal of the complaint shall not bar
the victim from refiling a complaint in the Family Part based on the same
incident and receiving an emergency, ex parte hearing de novo not on the record
before a Family Part judge, and every denial of relief by a municipal court
judge shall so state.

����� j.��� Emergency
relief may include forbidding the defendant from returning to the scene of the
domestic violence, forbidding the defendant from possessing any firearm
[
or other
]
,
weapon
enumerated in subsection r. of N.J.S.2C:39-1,
ammunition, or firearm
accessory or firearm component as defined in subsections oo. and pp. of
N.J.S.2C:39-1,
ordering the search for and seizure of any firearm or other
weapon at any location where the judge has reasonable cause to believe the
weapon is located and the seizure of any firearms purchaser identification card
or permit to purchase a handgun issued to the defendant and any other
appropriate relief.

����� If
the order requires the surrender of any firearm
[
or other
]
,

weapon,
ammunition, firearm accessory, or firearm component,
a law
enforcement officer shall accompany the defendant, or may proceed without the
defendant if necessary, to the scene of the domestic violence or any other
location where the judge has reasonable cause to believe any firearm
[
or other
]
,
weapon
,
ammunition, firearm accessory, or firearm component
belonging to the
defendant is located, to ensure that the defendant does not gain access to any
firearm
[
or other
]
,

weapon,
ammunition, firearm accessory, or firearm component,

and that the firearm
[
or other
]
,
weapon
,
ammunition, firearm accessory, or firearm component
is appropriately
surrendered in accordance with the order.� If the order prohibits the defendant
from returning to the scene of domestic violence or any other location where
the judge has reasonable cause to believe any firearm
[
or other
]
,
weapon
,
ammunition, firearm accessory, or firearm component
belonging to the
defendant is located, any firearm
[
or other
]
,
weapon
,
ammunition, firearm accessory, or firearm component
located there shall be
seized by a law enforcement officer.� The order shall include notice to the
defendant of the penalties for a violation of any provision of the order,
including but not limited to the penalties for contempt of court and unlawful
possession of a firearm or other weapon pursuant to N.J.S.2C:39-5.� Other
appropriate relief may include but is not limited to an order directing the
possession of any animal owned, possessed, leased, kept, or held by either
party or a minor child residing in the household and providing that the animal
shall not be disposed of prior to entry of a final order pursuant to section 13
of P.L.1991, c.261 (C.2C:25-29).

����� The
judge shall state with specificity the reasons for and scope of any search and
seizure authorized by the order.� The provisions of this subsection prohibiting
a defendant from possessing a firearm
[
or other
]
,
weapon
,
ammunition, firearm accessory, or firearm component
shall not apply to any
law enforcement officer while actually on duty, or to any member of the Armed
Forces of the United States or member of the National Guard while actually on
duty or traveling to or from an authorized place of duty.�

����� k.�� The
judge may permit the defendant to return to the scene of the domestic violence
to pick up personal belongings and effects but shall, in the order granting
relief, restrict the time and duration of such permission and provide for
police supervision of such visit.

����� l.��� An
order granting emergency relief, together with the complaint or complaints,
shall immediately be forwarded to the appropriate law enforcement agency for
service on the defendant, and to the police of the municipality in which the
plaintiff resides or is sheltered, and shall immediately be served upon the
defendant along with a copy of the translated order, if applicable, by the
police, except that an order issued during regular court hours may be forwarded
to the sheriff for immediate service upon the defendant in accordance with the
Rules of Court.� If personal service cannot be effected upon the defendant, the
court may order other appropriate substituted service.� At no time shall the
plaintiff be asked or required to serve any order on the defendant.

����� m.� (Deleted
by amendment, P.L.1994, c.94.)

����� n.
Notice of temporary restraining orders issued pursuant to this section shall be
sent by the clerk of the court or other person designated by the court to the
appropriate chiefs of police, members of the State Police and any other
appropriate law enforcement agency or court.�

����� o.�� (Deleted
by amendment, P.L.1994, c.94.)

����� p.�� Any
temporary or final restraining order issued pursuant to this act shall be in
effect throughout the State, and shall be enforced by all law enforcement
officers.�

����� q.�� Prior
to the issuance of any temporary or final restraining order issued pursuant to
this section, the court shall order that a search be made of the domestic
violence central registry with regard to the defendant�s record.

(cf:
P.L.2023, c.234, s.2)

����� 6.
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 person by force, threat, or intimidation, including, but not
limited to, threats based on actual or suspected immigration status;

����� (e)
threatening to make or making baseless reports to the police, courts, the
Division of Child Protection and Permanency (DCPP) within the Department of
Children and Families, the Board of Social Services, Immigration and Customs
Enforcement (ICE), or other parties;

����� (f)
threatening to harm or kill the individual�s relative or pet;

����� (g)
threatening to deny or interfere with an individual�s custody or parenting
time, other than through enforcement of a valid custody arrangement or court
order pursuant to current law including, but not limited to, an order issued
pursuant to Title 9 of the Revised Statutes; or

����� (h)
any other factors or circumstances that the court deems relevant or material.

����� An
order issued under this act shall only restrain or provide damages payable from
a person against whom a complaint has been filed under this act and only after
a finding or an admission is made that an act of domestic violence was
committed by that person.� The issue of whether or not a violation of this act
occurred, including an act of contempt under this act, shall not be subject to
mediation or negotiation in any form.� In addition, where a temporary or final
order has been issued pursuant to this act, no party shall be ordered to
participate in mediation on the issue of custody or parenting time.

����� The
Administrative Office of the Courts shall prepare standard templates for final
restraining orders in English, Spanish and the other high-demand languages
identified in its Language Access Plan as approved by the Supreme Court.� These
templates shall be available for judges and staff of the Superior Court Family
Part to provide to the victim and defendant when issuing final restraining
orders pursuant to this section.

����� b.�� In
proceedings in which complaints for restraining orders have been filed, the
court shall grant any relief necessary to prevent further abuse.� In addition
to any other provisions, any restraining order issued by the court shall bar
the defendant from purchasing, owning, possessing or controlling a firearm
or
ammunition, or any firearm accessory or firearm component as defined in
subsections oo. and pp. of N.J.S.2C:39-1
and from receiving or retaining a
firearms purchaser identification card or permit to purchase a handgun pursuant
to N.J.S.2C:58-3 during the period in which the restraining order is in effect
or two years, whichever is greater.� The order shall require the immediate
surrender of any firearm
[
or other
]
,
weapon
,

ammunition, firearm accessory, or firearm component
belonging to the defendant.� The order shall
include notice to the defendant of the penalties for a violation of any
provision of the order, including but not limited to the penalties for contempt
of court and unlawful possession of a firearm or other weapon pursuant to
N.J.S.2C:39-5.

����� A
law enforcement officer shall accompany the defendant, or may proceed without
the defendant if necessary, to any place where any firearm
[
or other
]
,
weapon
,

ammunition, firearm accessory, or firearm component
belonging to the defendant is located to ensure
that the defendant does not gain access to any firearm
[
or other
]
,

weapon,

ammunition, firearm accessory, or firearm component,
and a law enforcement officer shall take custody of
any firearm or other weapon belonging to the defendant.� If the order prohibits
the defendant from returning to the scene of domestic violence or other place
where firearms
[
or other weapons
]
, weapons,
ammunition, firearm accessories, or firearm components
belonging to the defendant are located, any firearm

[
or other
]
,
weapon
,

ammunition, firearm accessory, or firearm component
located there shall be seized by a law enforcement
officer.� The provisions of this subsection requiring the surrender or removal
of a firearm
,
ammunition, firearm accessory, or firearm component
, card, or permit shall not apply to any law
enforcement officer while actually on duty, or to any member of the Armed
Forces of the United States or member of the National Guard while actually on
duty or traveling to or from an authorized place of duty.� At the hearing the
judge of the Family Part of the Chancery Division of the Superior Court may
issue an order granting any or all of the following relief:�

����� (1) An
order restraining the defendant from subjecting the victim to domestic
violence, as defined in this act.�

����� (2)
(a) An order granting exclusive possession to the plaintiff of the residence or
household regardless of whether the residence or household is jointly or solely
owned by the parties or jointly or solely leased by the parties.� This order
shall not in any manner affect title or interest to any real property held by
either party or both jointly.� If it is not possible for the victim to remain
in the residence, the court may order the defendant to pay the victim�s rent at
a residence other than the one previously shared by the parties if the
defendant is found to have a duty to support the victim and the victim requires
alternative housing.

����� (b)
An order that the landlord of a residential dwelling unit shall change the
locks on the dwelling unit in which the victim resides pursuant to section 2 of
P.L.2023, c.174 (C.46:8-9.14).

����� (3) An
order providing for parenting time.� The order shall protect the safety and
well-being of the plaintiff and minor children and shall specify the place and
frequency of parenting time.� Parenting time arrangements shall not compromise
any other remedy provided by the court by requiring or encouraging contact
between the plaintiff and defendant.� Orders for parenting time may include a
designation of a place of parenting time away from the plaintiff, the
participation of a third party, or supervised parenting time.

����� (a) The
court shall consider a request by a custodial parent who has been subjected to
domestic violence by a person with parenting time rights to a child in the
parent�s custody for an investigation or evaluation by the appropriate agency
to assess the risk of harm to the child prior to the entry of a parenting time
order.� Any denial of such a request must be on the record and shall only be
made if the judge finds the request to be arbitrary or capricious.

����� (b) The
court shall consider suspension of the parenting time order and hold an
emergency hearing upon an application made by the plaintiff certifying under
oath that the defendant�s access to the child pursuant to the parenting time
order has threatened the safety and well-being of the child.

����� (4) An
order requiring the defendant to pay to the victim monetary compensation for
losses suffered as a direct result of the act of domestic violence.� The order
may require the defendant to pay the victim directly, to reimburse the Victims
of Crime Compensation Office for any and all compensation paid by the Victims
of Crime Compensation Office directly to or on behalf of the victim, and may
require that the defendant reimburse any parties that may have compensated the
victim, as the court may determine.� Compensatory losses shall include, but not
be limited to, loss of earnings or other support, including child or spousal
support, out-of-pocket losses for injuries sustained, cost of repair or
replacement of real or personal property damaged or destroyed or taken by the
defendant, cost of replacing locks pursuant to section 2 of P.L.2023, c.174
(C.46:8-9.14), cost of counseling for the victim, moving or other travel
expenses, reasonable attorney�s fees, court costs, and compensation for pain
and suffering.� Where appropriate, punitive damages may be awarded in addition
to compensatory damages.

����� (5) An
order requiring the defendant to receive professional domestic violence
counseling from either a private source or a source appointed by the court and,
in that event, requiring the defendant to provide the court at specified
intervals with documentation of attendance at the professional counseling.� The
court may order the defendant to pay for the professional counseling.� No
application by the defendant to dissolve a final order which contains a
requirement for attendance at professional counseling pursuant to this
paragraph shall be granted by the court unless, in addition to any other
provisions required by law or conditions ordered by the court, the defendant
has completed all required attendance at such counseling.

����� (6) An
order restraining the defendant from entering the residence, property, school,
or place of employment of the victim or of other family or household members of
the victim and requiring the defendant to stay away from any specified place
that is named in the order and is frequented regularly by the victim or other
family or household members.

����� (7) An
order restraining the defendant from making contact with the plaintiff or
others, including an order forbidding the defendant from personally or through
an agent initiating any communication likely to cause annoyance or alarm
including, but not limited to, personal, written, or telephone contact with the
victim or other family members, or their employers, employees, or fellow
workers, or others with whom communication would be likely to cause annoyance
or alarm to the victim.

����� (8) An
order requiring that the defendant make or continue to make rent or mortgage
payments on the residence occupied by the victim if the defendant is found to
have a duty to support the victim or other dependent household members;
provided that this issue has not been resolved or is not being litigated
between the parties in another action.

����� (9) An
order granting either party temporary possession of specified personal
property, such as an automobile, checkbook, documentation of health insurance,
an identification document, a key, and other personal effects.

����� (10)
An order awarding emergency monetary relief, including emergency support for
minor children, to the victim and other dependents, if any.� An ongoing
obligation of support shall be determined at a later date pursuant to
applicable law.

����� (11)
An order awarding temporary custody of a minor child.� The court shall presume
that the best interests of the child are served by an award of custody to the
non-abusive parent.

����� (12)
An order requiring that a law enforcement officer accompany either party to the
residence or any shared business premises to supervise the removal of personal
belongings in order to ensure the personal safety of the plaintiff when a
restraining order has been issued.� This order shall be restricted in duration.

����� (13)
(Deleted by amendment, P.L.1995, c.242).

����� (14)
An order granting any other appropriate relief for the plaintiff and dependent
children, provided that the plaintiff consents to such relief, including relief
requested by the plaintiff at the final hearing, whether or not the plaintiff
requested such relief at the time of the granting of the initial emergency
order.

����� (15)
An order that requires that the defendant report to the intake unit of the
Family Part of the Chancery Division of the Superior Court for monitoring of
any other provision of the order.

����� (16)
In addition to the order required by this subsection prohibiting the defendant
from possessing any firearm, the court may also issue an order prohibiting the
defendant from possessing any other weapon enumerated in subsection r. of
N.J.S.2C:39-1
,
ammunition, or any firearm accessory or firearm component
as defined in subsections oo. and pp. of N.J.S.2C:39-1
and ordering the search for and seizure of any
firearm
[
or other
]
,
weapon
,

ammunition, firearm accessory, or firearm component
at any location where the judge has reasonable
cause to believe the
firearm,
weapon
,
ammunition,
firearm accessory, or firearm component
is located.� The judge shall state with specificity the reasons for and
scope of the search and seizure authorized by the order.

����� (17)
An order prohibiting the defendant from stalking or following, or threatening
to harm, to stalk or to follow, the complainant or any other person named in
the order in a manner that, taken in the context of past actions of the
defendant, would put the complainant in reasonable fear that the defendant
would cause the death or injury of the complainant or any other person.�
Behavior prohibited under this act includes, but is not limited to, behavior
prohibited under the provisions of P.L.1992, c.209 (C.2C:12-10).

����� (18)
An order requiring the defendant to undergo a psychiatric evaluation.

����� (19)
An order directing the possession of any animal owned, possessed, leased, kept,
or held by either party or a minor child residing in the household.� Where a
person has abused or threatened to abuse such animal, there shall be a
presumption that possession of the animal shall be awarded to the non-abusive
party.

����� (20)
At the plaintiff�s request, an order providing that, if the plaintiff is
pregnant, the plaintiff�s child shall be included in the restraining order
immediately upon birth.

����� c.�� Notice
of orders issued pursuant to this section shall be sent by the clerk of the
Family Part of the Chancery Division of the Superior Court or other person
designated by the court to the appropriate chiefs of police, members of the
State Police and any other appropriate law enforcement agency.

����� d.�� Upon
good cause shown, any final order may be dissolved or modified upon application
to the Family Part of the Chancery Division of the Superior Court, but only if
the judge who dissolves or modifies the order is the same judge who entered the
order, or has available a complete record of the hearing or hearings on which
the order was based.�

����� e.�� Prior
to the issuance of any order pursuant to this section, the court shall order
that a search be made of the domestic violence central registry.�

����� f.��� A
final judgment rendered in favor of the State in any criminal proceeding
brought pursuant to the �Prevention of Domestic Violence Act of 1991,�
P.L.1991, c.261 (C.2C:25-17 et seq.) shall estop the defendant from denying the
same conduct in any proceeding brought pursuant to this section.

����� g.�� In
connection with a pending complaint filed with the Superior Court, Chancery
Division, Family Part, pursuant to the �Prevention of Domestic Violence Act of
1991,� P.L.1991, c.261 (C.2C:25-17 et al.), a party to the complaint may
request the release or unsealing of expunged records, or sealed records under
prior law, or prior arrests or convictions related to previous complaints filed
pursuant to the �Prevention of Domestic Violence Act of 1991,� P.L.1991, c.261
(C.2C:25-17 et al.) involving both parties.

����� h.�� Expunged
records, or sealed records under prior law, of prior arrests or convictions
shall be provided to any party, county prosecutor, Criminal Division of the
Superior Court, or the Attorney General when requested for use in conjunction
with proceedings related to any of the following matters:�

����� (1) a
temporary or final restraining order or a weapons forfeiture complaint filed in
the Superior Court, Chancery Division, Family Part, pursuant to the �Prevention
of Domestic Violence Act of 1991,� P.L.1991, c.261 (C.2C:25-17 et al.); and

����� (2) a
temporary or final extreme risk protection order complaint filed in the
Superior Court pursuant to the �Extreme Risk Protective Order Act of 2018,�
P.L.2018, c.35 (C.2C:58-20 et al.).

(cf:
P.L.2023, c.322, s.2)

���� 7.��� This act shall take
effect immediately.

STATEMENT

���� This bill requires domestic
violence offenders to surrender ammunition and certain firearm components while
a domestic violence restraining order is in effect or following a conviction
for a domestic violence crime or offense.

���� Under current law, a law
enforcement officer is required to seize firearms and weapons observed at the
scene of a domestic violence incident.� In addition, persons convicted of
domestic violence are prohibited from possessing or owning a firearm.� This bill
includes ammunition, firearm accessories, and firearm components among the
items that may be seized or surrendered pursuant to a domestic violence
restraining order or following a conviction for domestic violence.

���� The bill defines �firearm
accessory� as any device that attaches to a firearm, or that is used in or
facilitates the operation of a firearm, including but not limited to stocks,
grips, and detachable magazines.� �Firearm component� is defined as any part of
a firearm that is material to the function of the firearm, including but not
limited to the slide or cylinder or the frame or receiver of a firearm and, in
the case of a rifle or shotgun, the barrel.