This bill addresses stalking and restraining order protections specifically for adoptive children and their adoptive parents who are victimized by individuals whose parental rights to the children have been terminated. It amends existing laws to explicitly include unwanted contact or attempted contact between an adoptive child under 18 and a former parent, which is contrary to the adoptive parent's instructions, as a crime of stalking. The bill establishes that such actions can be classified as either a third or fourth-degree crime, depending on the circumstances, with corresponding penalties including imprisonment and fines. Additionally, it allows adoptive parents to obtain temporary restraining orders against these individuals, which can be converted into permanent orders upon conviction for stalking.

The bill outlines specific criminal acts that can trigger the imposition of restraining orders, including homicide, assault, kidnapping, and harassment, among others. Courts are empowered to impose various restraints, such as prohibiting the defendant from contacting the adoptive parent or entering their residence or workplace. These restraints will remain in effect for a duration determined by the court, not exceeding the maximum term of imprisonment for the offense. Furthermore, any violation of these restraints would be considered a criminal act of contempt, punishable as a fourth-degree crime. The bill aims to enhance the legal protections for adoptive families against harassment and violence from former parents.

Statutes affected:
Introduced: 2C:12-10