This bill amends New Jersey's pretrial release laws by eliminating the presumption of pretrial release for defendants charged with contempt of a domestic violence restraining order. Under the current law, most defendants are eligible for pretrial release unless the court determines that such release would not reasonably assure their appearance in court or the safety of others. The bill adds contempt of a domestic violence restraining order to the list of offenses for which this presumption does not apply, alongside certain motor vehicle theft offenses.

Additionally, if a defendant who is already on pretrial release is found to have violated a restraining order, the burden of proof shifts to the defendant to demonstrate, by clear and convincing evidence, why their pretrial release should not be revoked. This legislative change is a direct response to several tragic incidents of domestic violence, including the murder of Tomeka Kamwani, highlighting the need for stricter measures to protect victims of domestic violence and ensure that offenders are held accountable.

Statutes affected:
Introduced: 2A:162-17, 2A:162-24