Establishes three-year Integrated Domestic Violence Court pilot program in Camden, Essex, Hudson, and Middlesex counties.

A2316

ASSEMBLY, No. 2316

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman LUANNE M. PETERPAUL

District 11 (Monmouth)

Assemblywoman ELLEN J. PARK

District 37 (Bergen)

Assemblyman KEVIN P. EGAN

District 17 (Middlesex and Somerset)

Co-Sponsored by:

Assemblyman Venezia

SYNOPSIS

���� Establishes three-year Integrated Domestic Violence
Court pilot program in Camden, Essex, Hudson, and Middlesex counties.

CURRENT VERSION OF TEXT

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

��

An Act
establishing an Integrated Domestic Violence Court
pilot program, amending P.L.1991, c.261 and P.L.1995, c.242, and supplementing
Title 2C of the Revised Statutes.

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

���� 1. (New section) The
Legislature finds and declares that:

���� �a. The Integrated Domestic
Violence Court model, which combines domestic violence cases, matrimonial
cases, and related criminal matters into one court, with the motto �one family,
one judge,� provides integrated services to families, enhances offender accountability
and improves victim safety; and

���� b. Integrated Domestic
Violence Courts currently operate in the state of New York and other
jurisdictions, and have resulted in a more efficient use of court resources,
reduced court appearances for parties, and quicker dispositions of cases; and

���� c. In New York, the presiding
judge of the Integrated Domestic Violence (IDV) Court may transfer cases to IDV
Court if the judge determines that a criminal case involving domestic violence
overlaps with a divorce case or other family court case; and

���� d. New York�s IDV Courts
utilize resource coordinators, on-site victim advocates, social workers, drug
and alcohol programs; and

���� e. A pilot program in New
Jersey modeled on the Integrated Domestic Violence Court model would enhance
services to victims and families.

���� 2. (New section) a. There is
established a three-year �Integrated Domestic Violence Court Pilot Program� in
the Superior Court in Camden, Essex, Hudson, and Middlesex counties. The
Administrative Office of the Courts shall be responsible for administering the
program.

���� b. The court may refer to the
Integrated Domestic Violence Court any case involving domestic violence,� pursuant
to the �Prevention of Domestic Violence Act of 1991,� P.L.1991, c.261
(C.2C:25-17 et seq.), that also involves: divorce, child custody, and other
family court matters; crimes or offenses arising out of acts of domestic
violence; juvenile offenses; and applications for and violations of domestic
violence restraining orders.

���� c. Judges assigned to the
Integrated Domestic Violence Court shall have extensive knowledge of domestic
violence law, family law, criminal procedure and criminal sentencing,
particularly in relation to domestic violence.

���� 3. (New section) The
Administrative Office of the Courts shall monitor the Integrated Domestic
Violence Court pilot program and report to the Legislature 12 months after the
organization of the pilot program and within six months after expiration of the
pilot program.� The reports shall evaluate the effectiveness of the pilot
program and recommend whether the program should be continued or expanded.

���� 4.�� 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,
or as
applicable, the Integrated Domestic Violence 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
as applicable, the Integrated Domestic Violence 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 to which the defendant has access, including
the location of these firearms, if known, on a form to be prescribed by the
Administrative Director of the Courts.

���� (3) Information provided by
the plaintiff concerning firearms 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
, or as applicable, the Integrated Domestic Violence
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,
or as applicable, the
Integrated Domestic Violence Court,
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
, or as applicable, the Integrated
Domestic Violence Court,
based on the same incident and receiving an
emergency, ex parte hearing de novo not on the record before a Family Part
judge,
or as applicable, the Integrated Domestic Violence Court 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, 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, 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 belonging to the
defendant is located, to ensure that the defendant does not gain access to any
firearm or other weapon, and that the firearm or other weapon 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 belonging
to the defendant is located, any firearm or other weapon 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 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)

���� 5. Section 2 of P.L.1995,
c.242 (C.2C:25-28.1) is amended to read as follows:

���� 2.��� Notwithstanding any
provision of P.L.1991, c.261 (C.2C:25-17 et seq.) to the contrary, no order
issued by the Family Part of the Chancery Division of the Superior Court
, or
as applicable, the Integrated Domestic Violence Court,
pursuant to section
12 or section 13 of P.L.1991, c.261 (C.2C:25-28 or 2C:25-29) regarding
emergency, temporary or final relief shall include an in-house restraining
order which permits the victim and the defendant to occupy the same premises
but limits the defendant's use of that premises.

(cf: P.L.1995, c.242, 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
, or as applicable, the Integrated
Domestic Violence 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
, and the
Integrated Domestic Violence Court,
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 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 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 belonging to the
defendant is located to ensure that the defendant does not gain access to any
firearm or other weapon, 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 belonging to the defendant are located, any
firearm or other weapon located there shall be seized by a law enforcement
officer.� The provisions of this subsection requiring the surrender or removal
of a firearm, 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
, or as applicable, the
Integrated Domestic Violence 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
, or as applicable, the Integrated Domestic
Violence 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 and
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.� 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 as applicable, the Integrated
Domestic Violence 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
, or as applicable, the
Integrated Domestic Violence 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
,
or as applicable, the Integrated Domestic Violence Court,
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, as applicable, the Integrated Domestic Violence Court
, or the
Attorney General when requested for use in conjunction with proceedings related
to any of the following matter:�

���� (1)�� a temporary or final
restraining order or a weapons forfeiture complaint filed in the Superior
Court, Chancery Division, Family Part
, or as applicable, the Integrated
Domestic Violence Court,
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. Section 14 of P.L.1991,
c.261 (C.2C:25-30) is amended to read as follows:

���� 14.� Except as provided below,
a violation by the defendant of an order issued pursuant to this act shall
constitute an offense under subsection b. of N.J.S.2C:29-9 and each order shall
so state. All contempt proceedings conducted pursuant to N.J.S.2C:29-9
involving domestic violence orders, other than those constituting indictable
offenses, shall be heard by the Family Part of the Chancery Division of the
Superior Court
, or as applicable, the Integrated Domestic Violence Court
.
All contempt proceedings brought pursuant to P.L.1991, c.261 (C.2C:25-17 et
seq.) shall be subject to any rules or guidelines established by the Supreme
Court to guarantee the prompt disposition of criminal matters. Additionally,
and notwithstanding the term of imprisonment provided in N.J.S.2C:43-8, any
person convicted of a second or subsequent nonindictable domestic violence
contempt offense shall serve a minimum term of not less than 30 days.� Orders
entered pursuant to paragraphs (3), (4), (5), (8) and (9) of subsection b. of
section 13 of this act shall be excluded from enforcement under subsection b.
of N.J.S.2C:29-9; however, violations of these orders may be enforced in a
civil or criminal action initiated by the plaintiff or by the court, on its own
motion, pursuant to applicable court rules.�

(cf: P.L.1994, c.94, s.6)

���� 8. Section 15 of P.L.1991,
c.261 (C.2C:25-31) is amended to read as follows:

���� 15.� Where a law enforcement
officer finds that there is probable cause that a defendant has committed
contempt of an order entered pursuant to the provisions of P.L.1981, c.426
(C.2C:25-1 et seq.) or P.L.1991, c.261 (C.2C:25-17 et seq.), the defendant
shall be arrested and taken into custody by a law enforcement officer. The law
enforcement officer shall follow these procedures:

���� The law enforcement officer
shall transport the defendant to the police station or such other place as the
law enforcement officer shall determine is proper.� The law enforcement officer
shall:

���� a.���� Conduct a search of the
domestic violence central registry and sign a complaint concerning the incident
which gave rise to the contempt charge;

���� b.��� Telephone or communicate
in person or by facsimile with the appropriate judge assigned pursuant to this
act and request bail be set on the contempt charge;

���� c.���� If the defendant is
unable to meet the bail set, take the necessary steps to insure that the
defendant shall be incarcerated at police headquarters or at the county jail;
and

���� d.��� During regular court
hours, the defendant shall have bail set by a Superior Court judge that day.�
On weekends, holidays and other times when the court is closed, the officer
shall arrange to have the clerk of the Family Part
or, as applicable, clerk
of the Integrated Domestic Violence Court,
notified on the next working day
of the new complaint, the amount of bail, the defendant's whereabouts and all
other necessary details.� In addition, if a municipal court judge set the bail,
the arresting officer shall notify the clerk of that municipal court of this
information.

(cf: P.L.1999, c.421, s.5)

���� 9. Section 16 of P.L1991,
c.261 (C.2C:25-32) is amended to read as follows:

���� 16.� Where a person alleges
that a defendant has committed contempt of an order entered pursuant to the
provisions of P.L.1981, c.426 (C.2C:25-1 et seq.) or P.L.1991, c.261, but where
a law enforcement officer has found that there is not probable cause sufficient
to arrest the defendant, the law enforcement officer shall advise the
complainant of the procedure for completing and signing a criminal complaint
alleging a violation of N.J.S.2C:29-9.� During regular court hours, the
assistance of the clerk of the Family Part of the Chancery Division of the
Superior Court
or, as applicable, the clerk of the Integrated Domestic
Violence Court,
shall be made available to such complainants.� Nothing in
this section shall be construed to prevent the court from granting any other
emergency relief it deems necessary.

(cf: P.L.1991, c.261, s.16)�

���� 10. (New section) The Supreme
Court of New Jersey may adopt court rules appropriate or necessary to
effectuate the purposes of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill).

���� 11. This shall take effect on
the first day of the fourth month after enactment and shall expire three years
after the effective date.

STATEMENT

���� This bill creates a three-year
Integrated Domestic Violence Court pilot program in the Superior Court in Camden,
Essex, Hudson, and Middlesex counties.

���� The Integrated Domestic
Violence Court model, upon which this bill is based, combines domestic violence
cases, matrimonial cases, and related criminal matters into one court, has the
motto �one family, one judge,� and provides integrated services to families,
enhances offender accountability and improves victim safety.

���� The Integrated Domestic
Violence (IDV) Court, established under the bill, would hear any case involving
domestic violence, pursuant to the �Prevention of Domestic Violence Act of
1991,� P.L.1991, c.261 (C.2C:25-17 et seq.) that also involves: divorce, child
custody, and other family court matters; crimes or offenses arising out of acts
of domestic violence; juvenile offenses; and applications for and violations of
restraining orders.

���� In the view of the sponsor, a
pilot program in New Jersey modeled on the Integrated Domestic Violence Court
model would enhance services to victims and families.