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

S3447

SENATE, No. 3447

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 9, 2026

Sponsored by:

Senator� JAMES BEACH

District 6 (Burlington and Camden)

SYNOPSIS

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

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning domestic violence assessments, and supplementing and amending
P.L.1991, c.261 (C.2C:25-29).�

����
Be It Enacted

by the Senate and General Assembly of the State of New
Jersey:

���� �1.�� (New section)� a.� Upon
good cause shown, any final order issued pursuant to P.L.1991, c.261
(C.2C:25-29) 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.�

���� �b.�� When the defendant
applies to the court to dissolve a final order, the court shall consider, but
not be limited to, the following factors in determining whether good cause has
been shown that the final order should be dissolved:

���� (1)�� whether the victim
voluntarily consents to dissolve the final order;

���� (2)�� whether the victim fears
the defendant;

���� (3)�� the nature of the
current relationship between the victim and defendant;

���� (4)�� the number of times the
defendant has been convicted of contempt for violating the final order;

���� (5)�� whether the defendant
has a continuing involvement with drug or alcohol abuse;

���� (6)�� whether the defendant
has been involved in other violent acts with other persons;

���� (7)�� whether the defendant
has engaged in counseling;

���� (8)�� the age and health of
the defendant;

���� (9)�� whether the victim is
acting in good faith in opposing the defendant�s request for dissolution; and

���� (10)��� whether another
jurisdiction has entered a restraining order protecting the victim from the
defendant.������

���� �c.��� If the defendant is
subject to two or more final orders issued pursuant to P.L.1991, c.261
(C.2C:25-29), the defendant shall be required to undergo a domestic violence
assessment as defined in paragraph (18) of subsection b. of P.L.1991, c.261
(C.2C:25-29).� In addition to the factors specified in subsection b. of this
section, the court shall consider the findings of the assessment in determining
whether good cause has been shown that the final order should be dissolved. �The
defendant shall bear the costs of the assessment.� The findings of the
assessment shall be forwarded to the court that ordered the assessment and
shall be considered confidential.

���� 2.��� 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
]

domestic violence assessment.� For the purposes of this section, a �domestic
violence assessment� means an assessment performed by a psychiatrist, licensed
psychologist, licensed clinical social worker, or licensed professional
counselor with the goal of determining the likelihood that the offender will commit
future acts of violence, abuse or other unacceptable behavior that could pose a
threat to the victim, the victim�s family, the victim�s property, or other
person identified as being at risk.� The defendant shall bear the costs of the
assessment.� The findings of the assessment shall be forwarded to the court
that ordered the assessment and shall be considered confidential. �The
Administrative Office of the Courts shall develop standards for persons who are
eligible to conduct domestic violence assessments pursuant to this subsection
.
�

���� (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
]

Deleted by amendment, P.L.���� , c.���� )
.�

���� 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)

���� 3.��� This act shall take
effect on the first day of the seventh month after enactment.�

STATEMENT

���� This bill requires the court
to consider the results of a domestic violence assessment before dissolving a
final restraining order when the defendant has two or more restraining orders
against him.� The defendant would be responsible for the costs of the
assessment and the assessment would be considered confidential.�

���� The bill defines a �domestic
violence assessment� as an assessment performed by a psychiatrist, licensed
psychologist, licensed clinical social worker, or licensed professional
counselor with the goal of determining the likelihood that the offender will
commit future acts of violence, abuse or other unacceptable behavior that could
pose a threat to the victim, the victim�s family, the victim�s property, or
other person identified as being at risk.� The substitute requires the
Administrative Office of the Courts to develop standards for persons who are
eligible to conduct the assessments.�

���� The bill also codifies the
factors currently considered by the court in determining whether a defendant
who has applied to dissolve a final order has established requisite good
cause.� Those factors, as set forth in
Carfagno
v.
Carfagno
, 288
N.J.Super.

424 (Ch. Div. 1995), are:�

���� (1)�� whether the victim
voluntarily consents to dissolve the final order;

���� (2)�� whether the victim fears
the defendant;

���� (3)�� the nature of the
current relationship between the victim and defendant;

���� (4)�� the number of times the
defendant has been convicted of contempt for violating the final order;

���� (5)�� whether the defendant
has a continuing involvement with drug or alcohol abuse;

���� (6)�� whether the defendant
has been involved in other violent acts with other persons;

���� (7)�� whether the defendant
has engaged in counseling;

���� (8)�� the age and health of
the defendant;

���� (9)�� whether the victim is
acting in good faith in opposing the defendant�s request for dissolution; and

���� (10)��� whether another
jurisdiction has entered a restraining order protecting the victim from the
defendant.

���� Finally, the bill clarifies
that when there is a complaint for a restraining order, the court may order a
domestic violence assessment.� Current law authorizes the court to order a
psychiatric evaluation.