Establishes "Safe Guardianship Act;" restricts appointment of certain persons as guardian for incapacitated person.

A4802

ASSEMBLY, No. 4802

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 23, 2026

Sponsored by:

Assemblyman� PAUL KANITRA

District 10 (Monmouth and Ocean)

Assemblyman� GREGORY P. MCGUCKIN

District 10 (Monmouth and Ocean)

Assemblyman� GERRY SCHARFENBERGER

District 13 (Monmouth)

SYNOPSIS

���� Establishes �Safe Guardianship Act;� restricts
appointment of certain persons as guardian for incapacitated person.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning guardianship for incapacitated persons,
amending N.J.S.3B:12-25 and P.L.1991, c.261, and supplementing Title 2A of the
New Jersey Statutes.

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

���� 1.��� N.J.S.3B:12-25 is
amended to read as follows:

���� 3B:12-25.�� Appointment of
guardian.

����
a.
� The Superior Court
may determine the incapacity of an alleged incapacitated person and appoint a
guardian for the person, guardian for the estate or a guardian for the person
and estate.�
[
Letters
]

Except as
provided in subsection c., letters
of guardianship shall be granted to the
spouse or domestic partner as defined in section 3 of P.L.2003, c.246
(C.26:8A-3), if the spouse is living with the incapacitated person as man and
wife or as a domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3)
at the time the incapacitation arose, or to the incapacitated person's heirs,
or� friends, or thereafter first consideration shall be given to the Office of
the Public Guardian for Elderly Adults in the case of adults within the
statutory mandate of the office, or if none of them will accept the letters or
it is proven to the court that no appointment from among them will be to the
best interest of the incapacitated person or the estate, then to any other
proper person as will accept the same, and if applicable, in accordance with
the professional guardianship requirements of P.L.2005, c.370 (C.52:27G-32 et
al.).� Consideration may be given to surrogate decision-makers, if any, chosen
by the incapacitated person before the person became incapacitated by way of a
durable power of attorney pursuant to section 4 of P.L.2000, c.109
(C.46:2B-8.4), health care proxy or advance directive.

����
b.
� The Office of the
Public Guardian for Elderly Adults shall have the authority to not accept
guardianship in cases determined by the public guardian to be inappropriate or
in conflict with the office.

����
c.� Letters of guardianship
shall not be granted to
any person who is a party in
any civil action, or for whom or against whom a temporary or final civil order
has been entered, including but not limited to, a temporary restraining order
pursuant to section 12 of
P.L.1991, c.261
(
C.2C:25-28
)
or a final restraining order pursuant to section 13 of P.L.1991, c.261
(C.2C:25-29) of the "Prevention of Domestic Violence Act of 1991,"
P.L.1991, c.261 (C.2C:25-17 et seq.), that names the incapacitated person as an
opposing party to the action.

����
d.� Letters of guardianship

entered prior to the filing of a civil action or prior
to the filing of a complaint alleging the commission of an act of domestic
violence pursuant to the "Prevention of Domestic Violence Act of
1991," P.L.1991, c.261 (C.2C:25-17 et seq.), shall be subject to judicial
review.�

(cf: P.L. 2005, c.370, s.13)

���� 2.� 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 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
, and a
determination shall be made as to whether the defendant is a ward of, or has
been appointed as a guardian of the person or property of, the victim or any
person residing in the same household as the victim
.� 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)

���� 3.� 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 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
plaintiff who is an incapacitated person or the plaintiff�s representative
shall disclose to the court whether the defendant is
appointed
as the guardian of the person or estate, or is under consideration, pursuant to
N.J.S.3B:12-25 et seq., or a substantially similar statute under the laws of
another state or the United States, for appointment to the role of guardian.
�
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.�
Prior
to the issuance of any temporary or final restraining order pursuant to this
section, the court shall make a determination as to whether the plaintiff:

����
(1)� has been determined
to be an incapacitated person in need of guardianship
services
pursuant to N.J.S.3B:12-25
et seq.
, or a substantially similar
statute under
the laws of another state or the United States
, or

����
(2)� is appointed as the
guardian of the person or the estate of the defendant.

���� 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, 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)

���� 4.� 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 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 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 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.

����
(21)� An
order removing the defendant or plaintiff, as appropriate,
as the guardian of the person or estate of the plaintiff or defendant, as
appropriate, or denying consideration, pursuant to N.J.S.3B:12-25 et seq., or a
substantially similar statute under the laws of another state or the United
States, for appointment to the role of guardian for the plaintiff or defendant,
as appropriate
.

���� 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)

���� 5.� (New section)� Sections
five through seven of this act shall be known as and may be cited as the �Safe
Guardianship Act.�

���� 6.�
(New
section)� a.� In every civil action, the court shall determine whether any
party is appointed as guardian of the person or property of any opposing party.

���� b.� The court shall notify the
Surrogate of the county that appointed a guardian of the person or estate of a
party to a civil action, including but not limited to an action in which a
temporary or permanent domestic violence restraining order pursuant to pursuant
to section 12 of P.L.1991, c.261 (C.2C:25-28) or a final restraining order
pursuant to section 13 of P.L.1991, c.261 (C.2C:25-29) of the "Prevention
of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.),
that a civil order has been entered.

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

STATEMENT

���� This bill modifies the law
concerning the appointment of a guardian of the person or estate of an
incapacitated person to prohibit the appointment of an individual who is an
opposing party to the ward in a civil matter.� The bill is intended to prevent
the exposure of the person or property of a ward, a person determined to be in
need of protective service, to control by an individual with opposing
interests.

���� The bill amends
N.J.S.3B:12-25, concerned with the appointment of a guardian for incapacitated
persons, to provide that letters of guardianship shall not be granted to any
person who is named in a civil action that is pending.� Letters of guardianship
shall also not be granted to any person for whom or against whom a temporary or
final civil order has been entered, including but not limited to, a temporary
restraining order pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.), the
"Prevention of Domestic Violence Act of 1991," that names the
incapacitated person as an opposing party to the action.� This type of civil
order is highlighted because a spouse or domestic partner is presumptively
named as guardian under N.J.S.3B:12-25, barring proof that the appointment
would not be in the best interest of the incapacitated person.� Under the bill,
letters of guardianship, which are entered prior to the filing of a civil
action or prior to the filing of a complaint alleging the commission of an act
of domestic violence, will be subject to judicial review.�

���� The bill amends N.J.S.2C:25-26
to require that when a defendant charged with a crime or offense involving
domestic violence is released from custody the court shall make a determination
as to whether the defendant is a ward of, or is appointed as guardian to the
person or property of, the victim or any person residing in the same household
as the victim.�

���� The bill amends N.J.S.2C:25-28
to require that, when a plaintiff in a domestic violence matter seeks emergency
ex parte relief in the form of a temporary restraining order, the court, in
determining the necessity of the order, shall inquire whether the plaintiff has
been determined to be an incapacitated person in need of guardianship services,
pursuant to N.J.S.3B:12-25 et seq. or a substantially similar law of another
state or federal law, or is appointed as the guardian of the person or the
estate of the defendant.� A plaintiff who is an incapacitated person or the
plaintiff�s representative shall disclose to the court whether the defendant is
appointed as the guardian of the person or estate, or is under consideration,
pursuant to N.J.S.3B:12-25 et seq. or a substantially similar law of another state
or federal law, for appointment to the role of guardian.� Before issuing any
temporary or final restraining order the court shall determine that the
defendant is not appointed as the guardian of the person or estate of the
plaintiff, and that the plaintiff is not appointed as the guardian of the
person or estate of the defendant.

���� The bill amends N.J.S.2C:25-29
to grant the court, in a domestic violence matter, the authority to order
removing the defendant or plaintiff, as appropriate, as the guardian of the
person or estate of the plaintiff or defendant, or denying consideration,
pursuant to the guardianship laws of this state or under the laws of another
state or the United States, for appointment to the role of guardian for the
plaintiff or defendant.

���� The bill adds a new, civil
actions general provision, to direct that in every civil action, the court
shall determine whether any party is appointed as guardian of the person or
property to any opposing party.� Under the bill, the court is also required to
notify the surrogate of the county that appointed a guardian to the person or
estate of a party to a civil action that a civil order has been entered.� The
new provisions of law shall be known as and may be cited as the �Safe
Guardianship Act.��