Bill
A 950
Monica’s Law creates standardized risk assessments and questionnaires for custody cases and law enforcement to identify domestic violence risk and impose protective, supervised, or
Status and procedural history
- Introduced: January 9, 2024 (A.950).
- Print No.: 950A (filed February 19, 2025).
- Referred: Initially to Assembly Judiciary Committee; later referred to Governmental Operations.
- Sponsors: Phil Steck (primary); cosponsors William Magnarelli, Jo Anne Simon, Tony Simone, Harvey Epstein, Anna Kelles.
- Note: The bill text provided designates the measure as “Monica’s Law” and focuses on domestic violence risk assessment and parenting-time protections; this differs from the alternate short title shown in the metadata (relating to attorney’s fees).
Purpose / intent
- To improve how courts and law enforcement identify and respond to risks of future domestic violence and to strengthen interim protections for children in custody/parenting‑time proceedings when one parent alleges the other has engaged in violent or threatening behavior.
Key provisions — courts, parenting time, and evaluations
- Administrative Office of the Courts (in consultation with the Supreme Court Statewide Domestic Violence Working Group) must develop:
- A parenting-time questionnaire to be completed in custody/parenting-time proceedings when a parent asserts safety concerns for a child. The questionnaire collects information on parents/children, prior domestic violence or child abuse, exposure of children to violence, substance abuse, criminal history, mental illness, transportation, prior parenting‑time efforts, and other relevant facts.
- An evidence‑based guide (analytical matrix of risk indicators) to assist judges in assessing risk and selecting custody/parenting‑time alternatives.
- Court procedures when a parent alleges risk:
- The court shall temporarily suspend or restrict parenting time and order completion of the questionnaire unless the parent who may be restricted shows by a preponderance of the evidence that the seeking parent’s statements are arbitrary and capricious.
- Assistance (court staff, attorney, domestic violence advocate, or licensed mental‑health professional) must be available to help complete the questionnaire; a parent may decline to complete it if doing so would risk further harm.
- If the court denies a request for temporary restriction or further evaluation, it must state reasons on the record.
- When temporarily restricting parenting time, the court must set an expedited subsequent hearing and provide the restricted parent with a copy of the completed questionnaire before that hearing.
- Possible court orders if any risk to the child is found:
- Court‑sponsored or court‑approved parenting time (supervised); parenting time in the presence of a third party; parenting time scheduled/located to avoid contact with the other parent; or other restrictions/conditions the court deems necessary.
- The court may require batterers intervention counseling for the parent subject to restrictions as a condition of parenting time.
- A complete and indefinite suspension of parenting time may be ordered only after procedural due process and a court finding that no other alternative would protect the child; such a suspension triggers referral to the Division of Child Protection and Permanency (DCP&P) for investigation. Any allegation of child abuse during proceedings likewise requires referral to DCP&P.
Key provisions — law enforcement risk assessment
- The Attorney General (with the Supreme Court working group) must develop an evidence‑based risk assessment instrument for statewide use by law enforcement to evaluate the likelihood that a person charged with a crime or an offense involving domestic violence will commit future violence against a victim.
- The instrument must be validated by an independent source to ensure predictive validity and should, to the extent feasible, draw on existing criminal‑justice information systems to limit exposing victims to further risk.
- Where the instrument uses victim‑provided information, officers must inform victims about how results will be used, who will have access, and permit victims to decline participation if they believe it jeopardizes their safety.
- The statute indicates the instrument’s results are to be used together with other available information (victim-provided information, criminal‑justice data), but the full set of intended uses is truncated in the provided text.
Who is affected
- Parents and children involved in custody or parenting‑time disputes where domestic‑violence or other violent/threatening behavior is alleged.
- Courts and judges handling family law matters — new tools and procedural requirements.
- Law enforcement agencies — required to use a validated risk assessment instrument.
- Attorney General, Administrative Office of the Courts, Supreme Court Statewide Domestic Violence Working Group — responsible for development and consultation.
- Domestic violence advocates, mental‑health professionals, batterers intervention providers, and DCP&P (referral/investigation duties).
Potential impacts
- Seeks faster, more standardized assessment of risk in custody disputes and more protective interim relief for children when abuse or threats are alleged.
- Promotes evidence‑based decision tools for judges and law enforcement, including validated risk assessment and a structured questionnaire, potentially improving consistency and victim safety.
- Raises procedural protections (due process, requirement to state reasons on the record, ability to decline questionnaire if unsafe) while permitting courts to impose supervised or conditional parenting time and require intervention programs.
- May increase referrals to DCP&P and demand for supervised‑visitation services, batterers intervention programs, and court professional resources.
Related/companion legislation
- Prior-session: A5357.
- Companion Senate bill: S1418.
Compiled from official sources — confirm details with the bill’s official record.
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