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Bill

A 409

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.

2026-2027 Regular Session Introduced by Vicky Flynn and 1 co-sponsor

Bill keeps restraining orders active after plaintiff's death for other protected parties and requires prosecutors to notify all protected persons when defendants are released.

Introduced, Referred to Assembly Judiciary Committee
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WeVote Research Nonpartisan
Bill Summary · A 409

Legislative bill overview

Bill A 409 modifies New Jersey's restraining order law to ensure that protective orders remain in effect after the person who initiated them dies, provided other individuals are also protected by the same order. The bill also mandates that prosecutors notify all protected parties when a defendant is released, ensuring they receive timely safety-related information.

Why is this important

Restraining orders protect vulnerable individuals from harassment, threats, or violence. Without this clarification, a plaintiff's death could technically void protections for other family members or household members still at risk. The notice requirement ensures that all protected persons—such as children, elderly relatives, or roommates—know immediately if someone subject to a restraining order is released from custody or supervision, allowing them to take precautions.

Potential points of contention

  • Definition and scope: The bill's language around "other persons" protected by an order may need clarification—does this apply to all multi-party restraining orders, or only specific relationships (family, household members)?
  • Administrative burden: Requiring prosecutors to maintain current contact information for all protected parties and provide timely notice could strain resources, particularly in high-volume jurisdictions.
  • Privacy concerns: Notifying multiple parties of a defendant's release raises questions about information sharing, defendant privacy, and potential for vigilantism if release information spreads beyond intended recipients.

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

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