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A 5567

Relates to determining the capacity of a defendant to stand trial

2025 Regular Session Introduced by Joe Angelino and 14 co-sponsors

Expands New Jersey's Domestic Violence Act to improve emergency relief, restrict firearms, boost victim and child services, and sharpen court help and language access.

PRINT NUMBER 5567A
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WeVote Research Nonpartisan
Bill Summary · A 5567

Summary — Assembly Bill A5567 (Print No. 5567A)

Status: Introduced April 10, 2025; Print No. 5567A (amend & recommit to Codes 5/22/2025)
Note: the bill text provided concerns amendments to P.L.1991, c.261 (N.J. domestic violence statute) and is titled “An Act concerning domestic violence and children.” (The bill header in the request also lists an unrelated title about competency to stand trial; the body below follows the domestic-violence text.)

Purpose

To revise and expand procedures and protections under New Jersey’s Domestic Violence Act (P.L.1991, c.261 / N.J.S.2C:25-17 et seq.) — specifically improving access to emergency relief, clarifying firearm-related procedures, expanding court and clerk assistance, and providing language-access templates — with additional attention to victims’ children and related relief (including animals).

Key provisions and changes

  • Filing and venue

    • Victims may file domestic violence complaints in Family Part of Superior Court in accordance with Court Rules.
    • A complaint may be filed where the alleged offense occurred, where defendant resides, or where the plaintiff resides or is sheltered.
    • Court may not dismiss/delay because the victim left the residence to avoid danger.

  • Access and assistance

    • Court clerks or designees must assist parties in completing requisite forms.
    • Summons/complaint forms must be available at clerk’s offices, municipal courts, and State and municipal police stations.
    • The court shall waive any requirement that the petitioner’s residence appear on the complaint.

  • Emergency (ex parte) relief and hearing process

    • Municipal court judges or Family Part judges may issue emergency ex parte temporary restraining orders (TROs), including on weekends/holidays via assigned judges.
    • TROs may be issued based on sworn testimony even when the applicant is not physically present if exigent circumstances exist.
    • An ex parte order remains in effect until the Family Part issues further order; temporary orders are immediately appealable to a plenary de novo hearing before a Family Part judge.
    • A municipal judge’s denial and administrative dismissal do not bar refiling in Family Part and must be stated in the denial.

  • Firearm- and seizure-related procedures

    • Plaintiffs may provide confidential information about firearms to which a defendant has access (location, etc.) on a prescribed form; such information is to be kept confidential except as necessary to carry out its purpose.
    • Emergency relief may forbid the defendant from possessing firearms or other weapons, authorize judges to order search and seizure of weapons where there is reasonable cause, and require surrender/seizure of firearms purchaser ID cards and permits.
    • Law enforcement shall accompany defendants (or may proceed without them) to ensure surrender and may seize firearms found at locations the judge identifies. Judges must state reasons and scope for any search/seizure order.
    • Orders must include notice of penalties for violations (e.g., contempt, unlawful possession statutes).

  • Language access and forms

    • The Administrative Office of the Courts must prepare standard TRO templates in English, Spanish, and other “high-demand” languages identified in the Courts’ Language Access Plan; templates are for use by law enforcement and court personnel.

  • Victim and child services

    • Upon filing, both victim and alleged abuser shall be informed of available counseling and services, including programs for minor children of either party.
    • Relief may include orders regarding possession of animals owned/kept by the parties or children and preventing disposition prior to final order.

Who is affected

  • Victims of domestic violence and their minor children (expanded access, confidentiality, and notice of services).
  • Alleged defendants (restrictions on access to residences, firearms and weapons; potential searches/seizures).
  • Courts (Family Part and municipal courts) and judges — new procedural duties and language-access/template requirements.
  • Law enforcement — responsibilities for accompanying defendants, executing searches and seizures, and processing surrendered firearms and permits.
  • Court clerks/administrative staff — expanded duties to assist in filings and manage confidential firearm information.

Procedural/timeline notes

  • Introduced in Assembly 4/10/2025; referred to Assembly Judiciary, later referred to Codes and printed as 5567A on 5/22/2025 with an amend-and-recommit action.
  • The printed (A5567A) version indicates amendment activity; interested readers should consult the A5567A text and subsequent committee reports for complete (post-amendment) language.

Potential impacts and considerations

  • Strengthens victim protections (easier filing, emergency relief, language access, attention to children and animals).
  • Increases use of ex parte orders and powers to remove/seize firearms — could increase law-enforcement operational workload and require clear procedural safeguards.
  • Confidential firearm reporting balance: protects victim-provided information while enabling investigation/seizure.
  • Municipal vs. Family Part procedural interplay clarified (denial by municipal court does not bar refiling in Family Part).

For complete analysis, committee amendments and the full text of A5567A should be reviewed (this summary is based on the introduced-version excerpts provided).

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

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