This bill amends the existing statute regarding temporary restraining orders for stalking victims, expanding eligibility to include individuals of any age or mental capacity. Previously, only parents or guardians of children under 18, developmentally disabled individuals, or those with mental diseases or defects could apply for such orders. The new language allows any alleged victim, regardless of age or mental capacity, to seek a temporary restraining order against a defendant accused of stalking. The bill also clarifies that a conviction for stalking is not a prerequisite for obtaining a temporary restraining order, enabling victims to seek emergency relief before a conviction occurs.

Additionally, the bill mandates that if a temporary restraining order is issued on an emergency basis without the defendant present, a hearing must be held within 10 days to determine whether the order should be continued. The standard for this decision will be based on a preponderance of the evidence. If the order is upheld, it will remain in effect until either the defendant is convicted, prompting a hearing for a permanent restraining order, or the victim or their guardian requests its dismissal. This legislative change aims to provide immediate protection for stalking victims while ensuring due process for the accused.

Statutes affected:
Introduced: 2C:12-10.2