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A 5477

Establishes that final restraining order survives plaintiff's death where other persons are also protected; requires prosecutors to provide notice of defendant's release to other persons protected by order.

2024-2025 Regular Session Introduced by Vicky Flynn and 1 co-sponsor

Bill extends restraining orders after plaintiff's death when other protected persons exist and requires prosecutors to notify all protected parties of defendant release or order changes.

Introduced in the Assembly, Referred to Assembly Judiciary Committee
#domesticvio #judiciary
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Bill Summary · A 5477

Legislative bill overview

This New Jersey bill modifies restraining order law to ensure that protective orders remain in effect after the person who originally obtained them dies, provided other individuals are also protected under the same order. It additionally requires prosecutors to notify all protected persons when a defendant is released from custody or when conditions change.

Why is this important

Restraining orders protect vulnerable people from harassment, threats, or violence. This bill addresses a critical gap: if the primary petitioner dies, their family members or others listed on the order could lose protection. The notification requirement ensures that all protected persons stay informed about potential risks, which is essential for their safety planning and awareness.

Potential points of contention

  • Definitional clarity: The bill may need clearer language about what constitutes "other persons also protected" and whether this applies to all order types or only specific categories (domestic violence, stalking, etc.)
  • Prosecutorial burden: Requiring prosecutors to notify multiple parties could increase administrative workload and associated costs, particularly in high-caseload jurisdictions
  • Practical implementation: Questions remain about how notices are verified as delivered, who bears responsibility for locating protected persons, and what happens if contact information is unavailable or outdated

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

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