The bill amends New Jersey law concerning domestic violence by allowing courts to mandate counseling for children who have witnessed or been exposed to domestic violence. It establishes a presumption that custody should be awarded to the victim of domestic violence, prioritizing the safety and well-being of both children and victims. The legislation also requires that both the victim and the abuser be informed about available counseling programs and services, particularly those aimed at children affected by domestic violence. Additionally, it ensures that victims can file complaints without fear of dismissal based on their living situation and emphasizes confidentiality regarding any firearms the defendant may have access to.

Moreover, the bill introduces specific provisions related to custody and counseling in domestic violence cases, stating that legal and physical custody of a minor child will be awarded to the non-abusive parent upon the issuance of a final restraining order. It clarifies that denial of custody or visitation does not terminate parental rights or affect child support obligations. The bill also allows for appropriate parenting time for the non-custodial parent and ensures confidentiality in child support proceedings. The court can order counseling for affected children, with the abusive party responsible for costs, and may issue protective orders, including prohibiting weapon possession and requiring psychiatric evaluations. Overall, the bill aims to enhance the safety and well-being of victims and their children in domestic violence situations.

Statutes affected:
Introduced: 2C:25-28, 2C:25-29