A 2998 New Jersey General Assembly · 2024-2025 Regular Session

Permits court to order counseling for children in households with domestic violence in appropriate cases; establishes presumption of award of custody to domestic violence victim in appropriate cases.**

This New Jersey bill requires courts to inform victims and abusers about counseling services for children who were physically present during or witnessed domestic violence. It establishes a legal presumption that custody should be awarded to the domestic violence victim (the non-abusive parent) in appropriate cases. Courts can now order counseling for affected children as part of domestic violence protection orders. The bill also expands court authority to require psychological evaluations and other protective measures. These changes aim to better protect children and victims in domestic violence cases by addressing their specific needs.
Sub-Topics: Domestic Violence
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2024
Committee Review
Oct 2025
General Assembly Passage
Jun 2025
Senate Passage
Governor
Introduced Jan 9, 2024 Last action Oct 20, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

Reprint ACF 9/23/24 1R → Assembly Committee Substitute AAP 3/20/25 ACS A567 · 9 edits
MAJOR
The bill was significantly expanded from a narrow measure about counseling minor children of domestic violence parties (with a small appropriation) into a broader package that establishes a strong custody presumption favoring the non-abusive parent upon entry of a final restraining order, adds collateral estoppel for prior criminal DV convictions, permits access to expunged records in DV proceedings, and requires the abuser to pay for children's counseling. The appropriation was removed since the cost is now shifted to the defendant.
SCOPE

The bill's scope expanded from merely requiring courts to advise parties about child counseling to establishing a presumption that legal and physical custody will be awarded to the non-abusive parent upon entry of a final restraining order, plus new provisions on estoppel, expunged records access, and victim safety in child support proceedings.

Subsection 12(e) was changed so that children are advised about counseling programs if they are 'minor children of either party to the complaint' rather than only those who were physically present at or may have seen or heard the act of domestic violence, broadening which children are covered.

REQUIREMENT

New subsection 13(f) provides that a criminal conviction under the Prevention of Domestic Violence Act estops the defendant from denying the same conduct in a civil restraining order proceeding (collateral estoppel).

New provision after subsection 13(b)(11) requires that, upon the victim's request and absent good cause to the contrary, the court order that in any subsequent child support proceeding following a final restraining order, the victim not be required to be in the same room as the abuser, and that the victim's and child's whereabouts be kept confidential.

New language in subsection 13(a) requires the court to grant an adjournment if reasonably needed for the plaintiff to collect evidence from law enforcement records, and mandates that if requested records have not been provided by the hearing date, the agency's failure be noted on the record. The absence of law enforcement records shall not be a basis to deny relief.

ENFORCEMENT

New subsections 13(g) and 13(h) allow parties to request release or unsealing of expunged records, sealed records, or prior arrests/convictions related to previous DV complaints involving both parties, and require such records be provided to parties, prosecutors, or the Attorney General for use in DV restraining order or extreme risk protection order proceedings.

ELIGIBILITY

The custody presumption in subsection 13(b)(11) was strengthened: it now explicitly states that upon entry of a final restraining order, there is a presumption that legal and physical custody shall be awarded to the non-abusive parent (previously only a general best-interests presumption for temporary custody). It also clarifies that denial of custody does not terminate parental rights or affect support obligations.

FISCAL

Subsection 13(b)(21) was rewritten: instead of simply requiring counseling for minor children, it now requires the defendant to pay for a child's professional domestic violence counseling at the plaintiff's request, with documentation of payment, reimbursement provisions through the Victims of Crime Compensation Office, and payment methods that avoid direct contact between the parties. The court evaluates the defendant's ability to pay.

The appropriation section (former Section 3) that funded three counseling sessions from the General Fund to the Victims of Crime Compensation Office was removed entirely, as the cost is now shifted to the abuser under the revised subsection 13(b)(21).

Floor votes · General Assembly Jun 30, 2025

How they voted

80–0
Passed
Total votes 80
Jun 30, 2025
D Democratic52
52 Yea
100% Yea
R Republican28
28 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
5
Key actions
1
Committee
2
Oct 20, 2025
Committee
Received in the Senate, Referred to Senate Budget and Appropriations Committee
upper
Jun 30, 2025
Lower · Passed
Passed Assembly (80-0-0)
lower
Sep 23, 2024
Committee
Reported out of Assembly Committee with Amendments and Referred to Assembly Appropriations Committee
lower
Jan 9, 2024
Introduced
Introduced in the Assembly, Referred to Assembly Children, Families and Food Security Committee
lower
4 primary · 15 co-sponsors

Sponsors