ASSEMBLY, No. 207

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywomen WEINBERG and GILL

An Act concerning name changes in domestic violence cases and amending N.J.S.2:34-21 and N.J.S.2A:52-1.

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

    1. N.J.S.2A:34-21 is amended to read as follows:

    2A:34-21. a. The court, upon or after granting a divorce from the bonds of matrimony to either spouse, may allow either spouse to resume any name used by the spouse before the marriage or to assume any surname, and shall exempt from the public notification requirement of R. 4:72 of the New Jersey Court Rules any person who has obtained a permanent restraining order pursuant to section 13 of the "Prevention of Domestic Violence Act," P.L.1991, c.261 (C.2C:25-29) and who fears further violent acts from the defendant against whom the order was entered.

    b. The person shall accompany the request with a copy of the permanent restraining order and a sworn affidavit stating that the applicant fears further violent acts from the defendant against whom the order was entered and seeks an exemption from any requirement of public notification of name change.

(cf: P.L.1988, c.153, s.2)

    2. N.J.S.2A:52-1 is amended to read as follows:

    2A:52-1. a. Any person may institute an action in Superior Court, for authority to assume another name. The complaint for a change of name shall be accompanied by a sworn affidavit stating the applicant's name, date of birth, social security number, whether or not the applicant has ever been convicted of a crime, and whether any criminal charges are pending against him and, if such convictions or pending charges exist, shall provide such details in connection therewith sufficient to readily identify the matter referred to. The sworn affidavit shall also recite that the action for a change of name is not being instituted for purposes of avoiding or obstructing criminal prosecution or for avoiding creditors or perpetrating a criminal or civil fraud. If criminal charges are pending, the applicant shall serve a copy of the complaint and affidavit upon any State or county prosecuting authority responsible for the prosecution of any pending charges. A person commits a crime of the fourth degree if he knowingly gives or causes to be given false information under this section.

    b. In addition to the requirements of subsection a. of this section, a person who has obtained a permanent restraining order pursuant to section 13 of the "Prevention of Domestic Violence Act," P.L.1991, c.261 (C.2C:25-29) and who fears further violent acts from the defendant against whom the order was entered, may seek an exemption from the public notification requirement of R. 4:72 of the New Jersey Court Rules. The complaint for a change of name shall be accompanied by a copy of the permanent restraining order and a sworn affidavit stating that the applicant fears further violent acts from the defendant.

    c. The court shall permit the processing of the complaint, omitting the requirement of R. 4:72 of the New Jersey Court Rules that notice of the application shall be published in a newspaper of general circulation. The provisions of this section shall not exempt an applicant for a change of name from complying with otherwise applicable notification requirements.

(cf: P.L.1993, c.228, s.1)

    3. This act shall take effect immediately.

STATEMENT

    This bill would permit an applicant for a change of name who has obtained a permanent restraining order pursuant to section 13 of the "Prevention of Domestic Violence Act," P.L.1991, c.261 (C.2C:25-29) and who fears further violence from the defendant against whom the order was entered, to process the request without providing public notification of the application.

    Upon initiating an action for a name change, or upon seeking an order permitting the resumption of any name used before marriage or the assumption of any name, the applicant shall submit a copy of the permanent restraining order and an affidavit stating that the applicant fears further violent acts from the defendant and seeks an exemption from any requirement of public notification.

Permits an applicant for a name change to avoid public notification in certain cases.