ASSEMBLY, No. 2728

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 20, 1997

By Assemblyman WEINGARTEN

An Act concerning domestic violence, amending P.L.1991, c.261 and supplementing chapter 25 of Title 2C of the New Jersey Statutes.

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

    1. (New section) a. In addition to any other disposition authorized by law, whenever the court issues a final order restraining a defendant from subjecting a victim to domestic violence pursuant to subsection b. of section 13 of P.L.1991, c.261 (C.2C:25-29), or finds a defendant guilty of committing a violation of such final restraining order pursuant to 15 of P.L.1991, c.261 (C.2C:25-30), the court shall also order that the name of the defendant and the municipality where the defendant resides shall, within 90 days, be published at least once in a newspaper of general circulation in the county in which the defendant resides, and that all publication costs shall be paid by the defendant. The court shall not order publication in any case where the victim objects to it.

    b. Information concerning the identity of every defendant who is subject to the provisions of subsection a. of this section shall also be available to the public, unless the victim objects to such disclosure.

    c. A person convicted of making a false allegation of domestic violence pursuant to paragraph (2) of subsection a. of N.J.S.2C:28-3 or N.J.S.2C:28-1 against a defendant whose identity has been disclosed pursuant to this section shall be ordered by the court to publish, at least once, in a newspaper of general circulation in the county in which the defendant resides, a statement that a false allegation of domestic violence was made against the defendant. All publication costs shall be paid by the person convicted of making the false allegation.

    2. 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. 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. The clerk or other person designated by the court shall also provide each party with the following written notice: "A person who knowingly files a false complaint alleging the commission of an act of domestic violence is guilty of a crime of the third degree, punishable by a term of imprisonment of up to three to five years, or a fine of up to $7,500.00, or both."

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

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

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

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

    h. 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.

    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 to possess any firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1, 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 and any other appropriate relief. The judge shall state with specificity the reasons for and scope of the search and seizure authorized by the order.

    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 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 permanent restraining order issued pursuant to this act shall be in effect throughout the State, and shall be enforced by all law enforcement officers.

(cf: P.L.1994,c.94,s.4)

    3. N.J.S.2C:28-3 is amended to read as follows:

    2C:28-3. Unsworn Falsification to Authorities.

    a. Statements "Under Penalty."

     [A] (1) Except as provided in paragraph (2) of this subsection, a person commits a crime of the fourth degree if he makes a written false statement which he does not believe to be true, on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable.

    (2) A person commits a crime of the third degree if he makes a written false statement which he does not believe to be true that an act of domestic violence was committed against him pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.), on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable.

    b. In general. A person commits a disorderly persons offense if, with purpose to mislead a public servant in performing his function, he:

    (1) Makes any written false statement which he does not believe to be true;

    (2) Purposely creates a false impression in a written application for any pecuniary or other benefit, by omitting information necessary to prevent statements therein from being misleading;

    (3) Submits or invites reliance on any writing which he knows to be forged, altered or otherwise lacking in authenticity; or

    (4) Submits or invites reliance on any sample, specimen, map, boundary-mark, or other object which he knows to be false.

    c. Perjury provisions applicable. Subsections c. and d. of section 2C:28-1 and subsection c. of 2C:28-2 apply to the present section.

(cf: P.L.1981, c.290, s.26)

    4. This act shall take effect immediately.

STATEMENT

    This bill would require that the identities of certain defendants in domestic violence cases be publicized and that the penalties for false allegations of domestic violence be increased.

    Under the bill, whenever the family court issues a final order in a case where a defendant is found to have committed domestic violence and is permanently restrained from further contact with the victim, the court would also order that the defendant's name and municipality of residence be published in a local newspaper and be available to the public. The bill also provides that publication would take place in any case where a defendant violates a restraining order. The defendant would be responsible for all newspaper publication costs. (The bill would not apply to cases where the court issues a temporary restraining order, before the defendant has an opportunity for a full hearing.)

    Publication of the defendant's identity would not take place if the victim objects to it.

    The intent of this provision is two-fold: the unwanted publicity imposed on an offender is intended to serve as a deterrent to other potential offenders, and the publicity also functions as a warning to the community of the presence of a person who might commit additional acts of domestic violence in the future.

    The bill also increases the penalties which may be imposed upon a person who knowingly files a false written allegation of domestic violence, and requires that a written notice of the penalty be given to every person who files a domestic violence complaint. The bill also provides that a person convicted of filing a false written allegation of domestic violence or convicted of perjury in falsely alleging domestic violence wherever the false charges resulted in newspaper publication of the defendant's identity would be required to pay for the newspaper publication of a statement that the original charges were false.

    Currently, a person who makes a false statement under oath in open court is guilty of perjury, a crime of the third degree. However, a person who knowingly makes a false written allegation on an official form bearing a warning that false statements are punishable (such as the forms used in filing domestic violence complaints) is guilty only of a crime of the fourth degree. This bill would make it a crime of the third degree to knowingly make a false written allegation of domestic violence under these circumstances.

    A crime of the third degree is punishable by a term of imprisonment of up to three to five years or a fine of up to $7,500, or both; a crime of the fourth degree, by a term of imprisonment of up to 18 months or a fine of up to $7,500, or both

Authorizes publicizing identities of defendants found to have committed domestic violence; increases penalties for false complaints of domestic violence.