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Bill

A 5189

Eliminates presumption of pretrial release when defendant is charged with contempt of domestic violence restraining order.

2026-2027 Regular Session Introduced by Heather Simmons and 1 co-sponsor

The bill ends the automatic pretrial release presumption for contempt of a domestic violence restraining order, requiring courts to justify release conditions.

Introduced, Referred to Assembly Judiciary Committee
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WeVote Research Nonpartisan
Bill Summary · A 5189

Summary of Bill A-5189 (Session 222, New Jersey)

Purpose and intent

  • Eliminate the presumption of pretrial release for defendants charged with contempt of a domestic violence restraining order (DVRO) under current bail reform laws.
  • Responds to concerns about violence against domestic violence victims by ensuring that defendants found in contempt of a DVRO are not automatically released pretrial.
  • Act takes immediate effect.

Key provisions and changes

  • Section 3 of P.L.2014, c.31 (C.2A:162-17), governing pretrial release decisions, is amended to:

    • Preserve the general framework that courts must decide on pretrial release without unnecessary delay (no later than 48 hours after jail commitment, with firearm-related delays allowed up to seven days).
    • Remove the presumption of pretrial release specifically for defendants charged with contempt of a domestic violence restraining order (DVRO) under N.J.S.2C:29-9. This means:
    • A defendant charged with contempt of a DVRO is not automatically presumed eligible for release on personal recognizance or an unsecured appearance bond.
    • Retain the option for non-monetary conditions or monetary bail, but the presumption against release applies to contempt of a DVRO, alongside other enumerated offenses.
    • Maintain the framework that, if release is not assured by non-monetary conditions or unsecured bonds, courts may impose monetary bail, subject to the usual limitations (and Section 8 procedures if they cannot post bail).
    • Include the possibility of electronic monitoring or other least-restrictive conditions when release is ordered, with provisions about cost-sharing for indigent defendants.
    • Allow the court to use the least restrictive conditions that reasonably assure appearance, safety, and non-obstruction of justice, including potential restrictions on contact with victims and witnesses.

  • Section 10 of P.L.2014, c.31 (C.2A:162-24), on revocation and detention orders:

    • Clarifies that, upon motion by a prosecutor, a defendant released from custody may be detained pending trial only if the court finds clear and convincing evidence that no combination of bail and conditions would reasonably assure appearance, safety, and non-obstruction.
    • Adds that if a defendant on release violated a DVRO, the court must demonstrate by clear and convincing evidence why pretrial release should not be revoked.
    • Prohibits revocation or detention solely on certain drug-related offenses (manufacturing, distributing, etc., of marijuana or hashish) as grounds for detention, aligning with existing protections.

  • Effective date: Immediate.

Who is affected

  • Defendants who are charged with contempt of a domestic violence restraining order (DVRO) under N.J.S.2C:29-9:
    • Will no longer benefit from the general pretrial-release presumption; the court must specifically consider and determine release conditions without assuming release is appropriate.
  • Defendants already released on pretrial status who are found to have committed contempt of a DVRO:
    • Must be evaluated with an increased evidentiary standard (clear and convincing) to revoke release.
  • Criminal justice stakeholders:
    • Courts, Pretrial Services Program, prosecutors, and defense attorneys will adjust to the new presumption and evidentiary standards for DVRO contempt cases.

Procedural and timeline aspects

  • Pretrial release decisions must be made without unnecessary delay, generally within 48 hours of jail commitment, with limited firearm-related extensions up to seven days.
  • If release cannot be guaranteed by non-monetary conditions or unsecured bonds for DVRO contempt cases, the court may impose monetary bail or combine monetary and non-monetary conditions, subject to standard bail procedures.
  • For revocation/detention, the court must show clear and convincing evidence before detaining a defendant on release violations or alleged new crimes, with heightened scrutiny for DVRO violations.
  • The act is to take effect immediately upon enactment.

Notable context

  • The bill cites high-profile domestic violence cases and fatalities as motivation, referencing instances in early 2026 where victims were harmed after a DVRO violation when the offender was released pretrial.
  • The sponsor emphasizes enhancing protections for domestic violence victims by tightening release presumptions for DVRO contempt charges.

If you’d like, I can provide a side-by-side comparison with the current law (P.L.2014, c.31) to illustrate exactly where the presumption changes for contempt of a DVRO.

Compiled from official sources — confirm details with the bill’s official record.

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