A5642

An Act establishing the “Minor Protection Order Act of 2026,” supplementing Title 2A of the New Jersey Statutes, amending various parts of the statutory law, and making an appropriation.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) This act shall be known and may be cited as the “Minor Protection Order Act of 2026.”

2. (New section) a. A parent or guardian of a minor who is at least 14 years of age and alleges to be the victim of conduct set forth in paragraph (1) or (2) of this subsection may file an application with the Superior Court pursuant to the Rules of Court alleging the commission of this conduct and seeking a minor protection order against a minor respondent who is at least 14 years of age.

(1) In cases where there is a dating or domestic relationship, including a current or former dating relationship, the minor respondent committed or attempted to commit a delinquent act which if committed by an adult would constitute homicide pursuant to N.J.S.2C:11-1 et seq., assault pursuant to N.J.S.2C:12-1, terroristic threats pursuant to N.J.S.2C:12-3, kidnapping pursuant to N.J.S.2C:13-1, criminal restraint pursuant to N.J.S.2C:13-2, false imprisonment pursuant to N.J.S.2C:13-3, sexual assault pursuant to N.J.S.2C:14-2, criminal sexual contact pursuant to N.J.S.2C:14-3, lewdness pursuant to N.J.S.2C:14-4, criminal mischief pursuant to N.J.S.2C:17-3, burglary pursuant to N.J.S.2C:18-2, criminal trespass pursuant to N.J.S.2C:18-3, harassment pursuant to N.J.S.2C:33-4, stalking pursuant to section 1 of P.L.1992, c.209 (C.2C:12-10), criminal coercion pursuant to N.J.S.2C:13-5, robbery pursuant to N.J.S.2C:15-1, cyber-harassment pursuant to section 1 of P.L.2013, c.272 (C.2C:33-4.1), or any other crime involving risk of death or serious bodily injury to a person who qualifies for relief.

When it is alleged that the conduct set forth in this paragraph has been committed against a minor by a parent, guardian, or other person having care, custody and control of that child as defined in R.S.9:6-2 or by a sibling, an applicant seeking a minor protection order shall not proceed under the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), but shall report the incident to the Department of Children and Families for appropriate action.

(2) In cases where there is a non-domestic relationship and there is no dating or former dating relationship, nonconsensual sexual contact, sexual penetration, or lewdness, or any attempt at this conduct, or stalking or cyber-harassment as those terms are defined in subsection h. of this section.

b. The application shall be filed with the Superior Court during regular court hours. The application shall be filed by a parent or legal guardian on behalf of the minor alleged victim. The application shall set forth the following information to the extent the information is known to the alleged victim:

(1) the name, address, and date of birth of the respondent;

(2) the name and address of the respondent’s parent or guardian and if the respondent is in the custody of some other person, the name and address of the custodian;

(3) the date, time, manner, and place of the acts alleged as the basis of the application;

(4) a citation of the law allegedly violated by the respondent; and

(5) the signature of the alleged victim.

c. An application for a temporary minor protection order may be filed in the county where the minor alleged victim who is seeking the minor protection order resides; the county where the alleged conduct occurred; or the county where the respondent resides.

d. Venue shall remain in the county where the temporary minor protection order is issued, unless there is good cause to transfer the case to the county where the minor respondent resides.

e. Every application made pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall be docketed in the Superior Court, Chancery Division, Family Part and designated under a distinct case type.

f. An applicant may seek a minor protection order pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) and the court may issue a minor protection order regardless of whether delinquency charges based on the incident were filed and regardless of the disposition of the charges. In cases where delinquency charges arising from the incident have been filed, the prosecutor: (1) shall advise the victim of the right to apply for a temporary minor protection order pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill); or (2) may make an appropriate application to the court for a no contact order.

g. The filing of an application pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall not prevent the filing of a delinquency complaint or the institution or maintenance of a juvenile delinquency proceeding based on the same conduct.

h. As used in this section:

"Cause a reasonable person to fear" means to cause fear which a reasonable victim, similarly situated, would have under the circumstances.

"Cyber-harassment" means conduct that occurs while making one or more communications in an online capacity via any electronic device or through a social networking site and with the purpose to harass another, that involves: threatening to inflict injury or physical harm to any person or the property of any person; knowingly sending, posting, commenting, requesting, suggesting, or proposing any lewd, indecent, or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to the reasonable person; or threatening to commit any crime against a person or the person's property.

"Emotional distress" means significant mental suffering or distress.

"Intimate parts" means the following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock, or breast of a person.

"Lewdness" means the exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person.

"Repeatedly" means on two or more occasions.

"Sexual contact" means an intentional touching by the victim or actor, either directly or through clothing, of the victim's or actor's intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor.

"Sexual penetration" means vaginal intercourse, cunnilingus, fellatio, or anal intercourse between persons or insertion of the hand, finger, or object into the anus or vagina either by the actor or upon the actor's instruction.

"Stalking" means purposefully or knowingly engaging in a course of conduct directed at or toward a person that would cause a reasonable person to fear for the reasonable person's own safety or the safety of a third person, or suffer other emotional distress, because the conduct involves: repeatedly maintaining a visual or physical proximity to a person; directly, indirectly, or through third parties, by any action, method, device, or means, following, monitoring, observing, surveilling, threatening, or communicating to or about a person, or interfering with a person's property; repeatedly committing harassment against a person; or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or towards a person.

3. (New section) a. (1) An applicant may seek emergency, ex parte relief in the form of a temporary minor protection order. A judge of the Superior Court may enter an emergency ex parte order when necessary to protect the safety and well-being of an alleged victim on whose behalf the relief is sought. The court shall, upon consideration of the application, order emergency ex parte relief in the form of a temporary minor protection order if the court determines that the applicant is a victim of conduct set forth in paragraph (1) or (2) of subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) and qualifies for relief pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(2) The court may issue a temporary minor protection order upon sworn testimony of the applicant or an application of an alleged victim who is not physically present, pursuant to the Rules of Court, or by a person who represents an alleged victim who is physically or mentally incapable of personally filing.

(3) The court shall render a decision on the application and issue a temporary minor protection order, where appropriate, in an expedited manner. An order for emergency, ex parte relief shall be granted upon good cause shown and shall remain in effect until a judge of the Superior Court issues a further order.

b. An order granting emergency relief, together with the complaint, shall immediately be forwarded to the appropriate law enforcement agency for service on the respondent and the parent or legal guardian of the respondent, and to the police of the municipality in which the victim resides or is sheltered, and shall immediately be served upon the respondent and the parent or guardian of the respondent along with a copy of the translated order, if applicable, by the police, except that an order issued during regular court hours may be forwarded to the sheriff for immediate service upon the respondent and the parent or guardian of the respondent in accordance with the Rules of Court. If personal service cannot be affected upon the respondent and the parent or legal guardian of the respondent, the court may order other appropriate substituted service. The alleged victim shall not be asked or required to serve any order on the respondent or the parent or legal guardian of the respondent. The court shall also provide a copy of the temporary minor protection order to the school attended by the victim and the school attended by the respondent.

4. (New section) a. Following the entry of a temporary minor protection order, a hearing for a final minor protection order shall be held in the Superior Court within 10 business days of the filing of the application for the temporary minor protection order pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) in the county where the temporary minor protection order was issued, unless good cause is shown for the hearing to be held elsewhere. A copy of the application shall be served on the respondent and the parent or legal guardian of the respondent in conformity with the Rules of Court. A parent or legal guardian of both the minor victim and minor respondent shall be present at the hearing. The court may, in its discretion, appoint a guardian ad litem for either party when the court deems it necessary or appropriate.

b. At the hearing, the standard for proving the allegations made in the application for a final minor protection order shall be a preponderance of the evidence. The court shall consider, at a minimum, the following factors:

(1) the occurrence of one or more acts set forth in paragraph (1) or (2) of subsection a. of section 2 of P.L. c. (C. ) (pending before the Legislature as this bill) against the alleged victim;

(2) any prior history of or threats to commit one or more acts set forth in in paragraph (1) or (2) of subsection a. of section 2 of P.L. c. (C. ) (pending before the Legislature as this bill) against the alleged victim; and

(3) the future risk to the safety or well-being of the alleged victim.

c. The court shall issue a final minor protection order only after a finding or an admission is made that the respondent committed an act set forth in paragraph (1) or (2) of subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) against the alleged victim.

d. A final minor protection order may include any relief the court deems necessary to protect the victim including, but not limited to:

(1) restraining the respondent from committing any further acts of violence against the victim or any prohibited conduct;

(2) prohibiting all forms of contact with the victim, whether direct or indirect, including in-person, telephonic, electronic, or third-party communications;

(3) restricting the respondent from entering specified locations, including the victim’s residence, school, workplace, or other locations regularly frequented by the victim;

(4) prohibiting the respondent from stalking, harassing, or threatening the victim;

(5) ordering the respondent to undergo counseling, treatment, or an evaluation, including psychological, psychiatric, or substance abuse assessments; and

(6) prohibiting or limiting the respondent’s use of social media.

e. A final minor protection order issued pursuant to this section shall:

(1) prohibit the respondent from purchasing, owning, possessing, accessing, or controlling firearms or weapons;

(2) require the immediate surrender of any firearms or weapons in the respondent’s possession; and

(3) include any other safeguards, as determined appropriate by the court.

A law enforcement officer shall accompany the respondent and the parent or legal guardian of the respondent, or may proceed without the respondent and the parent or legal guardian of the respondent if necessary, to a location where the judge has reasonable cause to believe any firearm or other weapon belonging to or in the possession of the respondent is located, to ensure that the respondent does not gain access to any firearm or other weapon, and that the firearm or other weapon is appropriately surrendered in accordance with the order.

f. A copy of the final minor protection order shall immediately be forwarded to the appropriate law enforcement agency for service on the respondent and the parent or guardian of the respondent, and to the police of the municipality in which the victim resides or is sheltered, and shall immediately be served upon the respondent and the parent or guardian of the respondent along with a copy of the translated order, if applicable, by the police, except that an order issued during regular court hours may be forwarded to the sheriff for immediate service upon the respondent and the parent or guardian of the respondent in accordance with the Rules of Court. If personal service cannot be affected upon the respondent and the parent or guardian of the respondent, the court may order other appropriate substituted service. The alleged victim shall not be asked or required to serve any order on the respondent or the parent of guardian of the respondent. The court shall also provide a copy of the final minor protection order to the school attended by the victim and the school attended by the respondent.

g. (1) A final minor protection order issued pursuant to this section shall remain in effect for a period of six months to one year. (2) In cases where a final minor protection order is entered against a respondent who is at least 17.5 years old when the order was issued, the final minor protection order may remain in effect until the respondent is 18.5 years of age.

h. Upon application to the court by the victim, the court may extend the order in six-month increments until the respondent’s 18th birthday if the court finds good cause for the continuation of the order, including the continued risk to the safety or well-being of the victim.

i. Either party may file a petition with the court to dissolve or modify a final minor protection order. Upon application for modification or dissolution of the final minor protection order by the victim or the respondent, the court shall conduct a hearing to consider whether a material change in circumstances has occurred since the issuance of the final minor protection order which would make its continued enforcement inequitable, oppressive, or unjust taking into account the current status of the parties, including the desire of the victim for the continuation of the final minor protection order, the potential for contact between the parties, the history of the respondent’s violations of the minor protection order or adjudications of delinquency, and any other factors that the court may find relevant to protecting the safety and well-being of the victim.

5. (New section) a. Any temporary or final minor protection order issued pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall be in effect throughout the State and shall be enforced by all law enforcement officers.

b. A respondent’s violation of a temporary or final minor protection order issued pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall constitute a crime or offense under subsection f. of N.J.S.2C:29-9. Each order shall state that a violation constitutes this crime or offense.

c. All temporary and final minor protection orders shall be entered into the juvenile central registry.

d. A temporary minor protection order shall be removed from the juvenile central registry upon dismissal of the order. A final minor protection order shall be removed from the juvenile central registry upon the respondent reaching the age of 18, provided that the final minor protection order has been dissolved. In any case where a final minor protection order remains in effect beyond the respondent’s 18th birthday, including under circumstances set forth in paragraph (2) of subsection g. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), the final minor protection order shall be removed from the juvenile central registry upon dissolution of the order.

6. (New section) If a criminal or juvenile delinquency complaint arising out of the same incident which is the subject matter of an application for a minor protection order pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) has been filed, testimony given by the victim or respondent in the minor protection order matter shall not be used in a simultaneous or subsequent criminal proceeding or juvenile delinquency proceeding against the respondent, other than proceedings for contempt of a minor protection order and where it would otherwise be admissible hearsay under the rules of evidence that govern where a party is unavailable.

7. (New section) a. The Division of Criminal Justice shall develop and approve a training course and curriculum regarding the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill). The Division of Criminal Justice shall distribute the curriculum to all local police agencies and county prosecutors. The Attorney General shall be responsible for ensuring that all law enforcement officers and assistant county prosecutors have completed the training, in accordance with standards and procedures established by the Attorney General.

b. The Administrative Director of the Courts shall develop and approve a training course and curriculum regarding the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) for all Superior Court judges responsible for issuing or denying minor protection orders and any appropriate judicial personnel who are involved with the intake and processing of applications for minor protection orders. The Administrative Director of the Courts shall be responsible for ensuring that these Superior Court judges and judicial personnel have completed the training in accordance with standards and procedures established by the Administrative Director of the Courts.

8. N.J.S.2C:29-9 is amended to read as follows:

2C:29-9. Contempt. a. (1) Except as provided in paragraph (2) of this subsection, a person is guilty of a crime of the fourth degree if the person purposely or knowingly disobeys a judicial order or protective order, pursuant to section 1 of P.L.1985, c.250 (C.2C:28-5.1), or hinders, obstructs, or impedes the effectuation of a judicial order or the exercise of jurisdiction over any person, thing, or controversy by a court, administrative body, or investigative entity, or purposely or knowingly violates a condition to avoid all contact with an alleged victim or a condition of home detention with or without the use of an approved electronic monitoring device, ordered pursuant to subparagraph (b) of paragraph (1) or subparagraph (k) of paragraph (2) of subsection b. of section 3 of P.L.2014, c.31 (C.2A:162-17), when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense.

(2) In all other cases a person is guilty of a disorderly persons offense if that person purposely or knowingly violates a condition to avoid contact with an alleged victim or a condition of home detention with or without the use of an approved electronic monitoring device.

b. (1) Except as provided in paragraph (2) of this subsection, a person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in an order entered under the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense.

Orders entered pursuant to paragraphs (3), (4), (5), (8), and (9) of subsection b. of section 13 of P.L.1991, c.261 (C.2C:25-29) or substantially similar orders entered under the laws of another state or the United States shall be excluded from the provisions of this paragraph.

(2) In all other cases a person is guilty of a disorderly persons offense if that person purposely or knowingly violates an order entered under the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States.

c. A person is guilty of a crime of the third degree if that person purposely or knowingly violates any provision in an order entered under the provisions of section 3 of P.L.1996, c.39 (C.2C:12-10.1) or section 2 of P.L.1999, c.47 (C.2C:12-10.2) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense.

d. (1) Except as provided in paragraph (2) of this subsection, a person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in an order entered under the provisions of P.L.2015, c.147 (C.2C:14-13 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense.

(2) In all other cases a person is guilty of a disorderly persons offense if that person purposely or knowingly violates an order entered under the provisions of P.L.2015, c.147 (C.2C:14-13 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States.

e. A person is guilty of a crime of the fourth degree if the person purposely or knowingly violates any provision of an order entered under the provisions of the "Extreme Risk Protective Order Act of 2018," P.L.2018, c.35 (C.2C:58-20 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States.

f. A person is guilty of a crime of the fourth degree if the person purposely or knowingly violates any provision of a temporary or final minor protection order entered pursuant to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) or an order entered pursuant to the provisions of a substantially similar statute under the laws of another state or the United States when the conduct which constitutes the violation could also constitute a crime or disorderly persons offense.

In all other cases, a person is guilty of a disorderly persons offense if the person purposely or knowingly violates any provision of a temporary or final minor protection order entered pursuant to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States.

As used in this section, "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by a federal law or formally acknowledged by a state.

(cf: P.L.2023, c.46, s.1)

9. Section 2 of P.L.2015, c.147 (C.2C:14-14) is amended to read as follows:

2. Application for Temporary Protective Order.

a. (1) Any person alleging to be a victim of nonconsensual sexual contact, sexual penetration, or lewdness, or any attempt at such conduct, or stalking or cyber-harassment, and who is not eligible for a restraining order as a "victim of domestic violence" as defined by the provisions of subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19), may, except as provided in subsection b. of this section, file an application with the Superior Court pursuant to the Rules of Court alleging the commission of such conduct or attempted conduct and seeking a temporary protective order.

As used in this section and in sections 3, 4, and 8 of P.L.2015, c.147 (C.2C:14-15, C.2C:14-16, and C.2C:14-20):

"Sexual penetration" means vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or insertion of the hand, finger or object into the anus or vagina either by the actor or upon the actor's instruction.

"Lewdness" means the exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person.

"Intimate parts" means the following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person.

"Repeatedly" means on two or more occasions.

"Emotional distress" means significant mental suffering or distress.

"Cause a reasonable person to fear" means to cause fear which a reasonable victim, similarly situated, would have under the circumstances.

"Cyber-harassment" means conduct that occurs, while making one or more communications in an online capacity via any electronic device or through a social networking site and with the purpose to harass another, that involves: threatening to inflict injury or physical harm to any person or the property of any person; knowingly sending, posting, commenting, requesting, suggesting, or proposing any lewd, indecent, or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to the reasonable person; or threatening to commit any crime against a person or the person's property.

(2) Except as provided in subsection b. of this section, an application for relief under P.L.2015, c.147 (C.2C:14-13 et al.) may be filed by the alleged victim's parent or guardian on behalf of the alleged victim in any case in which the alleged victim:

(a) is less than 18 years of age; or

(b) has a developmental disability as defined in section 3 of P.L.1977, c.200 (C.5:5-44.4) or a mental disease or defect that renders the alleged victim temporarily or permanently incapable of understanding the nature of the alleged victim's conduct, including, but not limited to, being incapable of providing consent, or of understanding the nature of the alleged conduct that is the subject of the application.

b. (1) When it is alleged that nonconsensual sexual contact, sexual penetration, or lewdness, or any attempt at such conduct, or stalking or cyber-harassment has been committed by an unemancipated minor, an applicant seeking a protective order shall not proceed under the provisions of P.L.2015, c.147 (C.2C:14-13 et al.), but may seek a protective order and other relief under the "New Jersey Code of Youth Justice," P.L.1982, c.77 (C.2A:4A-20 et seq.) by filing a complaint pursuant to the provisions of section 11 of P.L.1982, c.77 (C.2A:4A-30) or may seek a minor protection order pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).

(2) When it is alleged that nonconsensual sexual contact, sexual penetration, or lewdness, or any attempt at such conduct, or stalking or cyber-harassment has been committed against an unemancipated minor by a parent, guardian, or other person having care, custody and control of that child as defined in R.S.9:6-2, an applicant seeking a protective order shall not proceed under the provisions of P.L.2015, c.147 (C.2C:14-13 et al.), but shall report the incident to the Department of Children and Families for appropriate action.

c. (1) An applicant may seek a protective order pursuant to P.L.2015, c.147 (C.2C:14-13 et al.) and the court may issue such an order regardless of whether criminal charges based on the incident were filed and regardless of the disposition of any such charges.

(2) The filing of an application pursuant to this section shall not prevent the filing of a criminal complaint, or the institution or maintenance of a criminal prosecution based on the same act.

d. The court shall waive any requirement that the applicant's or alleged victim's place of residence appear on the application.

e. An applicant may seek a protective order pursuant to P.L.2015, c.147 (C.2C:14-13 et al.) in a court having jurisdiction over the place where the alleged conduct or attempted conduct occurred, where the respondent resides, or where the alleged victim resides or is sheltered.

f. No fees or other costs shall be assessed against an applicant for seeking a protective order pursuant to P.L.2015, c.147 (C.2C:14-13 et al.).

(cf: P.L.2025, c.35, s.18)

10. Section 3 of P.L.1991, c.261 (C.2C:25-19) is amended to read as follows:

3. As used in this act:

a. "Domestic violence" means the occurrence of one or more of the following acts inflicted upon a person protected under this act by an adult or an emancipated minor:

(1) Homicide N.J.S.2C:11-1 et seq.

(2) Assault N.J.S.2C:12-1

(3) Terroristic threats N.J.S.2C:12-3

(4) Kidnapping N.J.S.2C:13-1

(5) Criminal restraint N.J.S.2C:13-2

(6) False imprisonment N.J.S.2C:13-3

(7) Sexual assault N.J.S.2C:14-2

(8) Criminal sexual contact N.J.S.2C:14-3

(9) Lewdness N.J.S.2C:14-4

(10) Criminal mischief N.J.S.2C:17-3

(11) Burglary N.J.S.2C:18-2

(12) Criminal trespass N.J.S.2C:18-3

(13) Harassment N.J.S.2C:33-4

(14) Stalking P.L.1992, c.209 (C.2C:12-10)

(15) Criminal coercion N.J.S.2C:13-5

(16) Robbery N.J.S.2C:15-1

(17) Contempt of a domestic violence order pursuant to subsection b. of N.J.S.2C:29-9 that constitutes a crime or disorderly persons offense

(18) Any other crime involving risk of death or serious bodily injury to a person protected under the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.)

(19) Cyber-harassment P.L.2013, c.272 (C.2C:33-4.1)

When one or more of these acts is inflicted by an unemancipated minor upon a person protected under this act, the occurrence shall not constitute "domestic violence," but may be the basis for the filing of a petition or complaint pursuant to the provisions of section 11 of P.L.1982, c.77 (C.2A:4A-30) or an application for a minor protection order pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).

b. "Law enforcement agency" means a department, division, bureau, commission, board or other authority of the State or of any political subdivision thereof which employs law enforcement officers.

c. "Law enforcement officer" means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest and conviction of offenders against the laws of this State.

d. "Victim of domestic violence" means a person protected under this act and shall include any person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present household member or was at any time a household member. "Victim of domestic violence" also includes any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant. "Victim of domestic violence" also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.

e. "Emancipated minor" means a person who is under 18 years of age but who has been married, has entered military service, has a child or is pregnant or has been previously declared by a court or an administrative agency to be emancipated.

(cf: P.L.2016, c.77, s.1)

11. Section 1 of P.L.1982, c.81 (C.2A:4A-70) is amended to read as follows:

1. County court intake services. a. Each county shall establish a court intake service which shall have among its responsibilities the screening of juvenile delinquency complaints [and], juvenile-family crisis referrals, and applications for minor protection orders pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill). The intake service shall operate in compliance with standards established by the Supreme Court, but in no instance shall the standards for personnel employed as counselors be less than a master's degree from an accredited institution in mental health or social or behavioral science discipline including degrees in social work, counseling, counseling psychology, mental health counseling or education. Equivalent experience is acceptable when it consists of a minimum of an associate's degree with a concentration in one of the behavioral sciences and a minimum of five years' experience working with troubled youth and their families or a bachelor's degree in one of the behavioral sciences and two year's experience working with troubled youth and their families. Intake personnel should also receive training in drug and alcohol abuse.

b. The court intake service shall make arrangements for the receipt of complaints, on a continuous basis, in situations where the subject of the complaint is a juvenile, [or] , referrals through crisis intervention units where a juvenile-family crisis may exist, or applications for a minor protection order. It shall assist the court in screening referrals for court intervention, making referrals to appropriate agencies, reviewing and approving alternative living arrangements as provided by law, determining that jurisdiction for juvenile-family crisis proceedings may exist prior to filing a petition, and in monitoring referrals for development and implementation of family service plans. Every complaint [or], juvenile-family crisis petition, or application for a minor protection order shall be reviewed by the court intake service unless otherwise ordered by the court.

c. The court intake service shall have the responsibility for monitoring, on a 24-hour a day, 7-day a week basis, the admission of alleged delinquents to the detention or shelter care facilities and no juvenile may be admitted to a detention or shelter care facility without its approval.

d. The Supreme Court shall have the authority to issue rules governing the duties, responsibilities, and practices of court intake services as it deems necessary to effectuate the purposes of this act; establish guidelines and procedures for the training of intake services staff; establish reporting procedures to be followed by court intake services in providing data for its evaluation; and conduct, at least annually, an evaluation of all intake services.

(cf: P.L.1991, c.119, s.3)

12. Section 1 of P.L.1982, c.79 (C.2A:4A-60) is amended to read as follows:

1. Disclosure of juvenile information; penalties for disclosure.

a. Social, medical, psychological, legal and other records of the court and probation division, and records of law enforcement agencies, pertaining to juveniles charged as a delinquent or found to be part of a juvenile-family crisis, shall be strictly safeguarded from public inspection. Such records shall be made available only to:

(1) Any court or probation division;

(2) The Attorney General or county prosecutor;

(3) The parents or guardian and to the attorney of the juvenile;

(4) The Department of Human Services or Department of Children and Families, if providing care or custody of the juvenile;

(5) Any institution or facility to which the juvenile is currently committed or in which the juvenile is placed;

(6) Any person or agency interested in a case or in the work of the agency keeping the records, by order of the court for good cause shown, except that information concerning adjudications of delinquency, records of custodial confinement, payments owed on assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1) or restitution ordered following conviction of a crime or adjudication of delinquency, and the juvenile's financial resources, shall be made available upon request to the Victims of Crime Compensation [Agency] Office established pursuant to section 2 of P.L.2007, c.95 (C.52:4B-3.2), which shall keep such information and records confidential;

(7) The Youth Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170);

(8) Law enforcement agencies for the purpose of reviewing applications for a permit to purchase a handgun or firearms purchaser identification card;

(9) Any potential party in a subsequent civil action for damages related to an act of delinquency committed by a juvenile, including the victim or a member of the victim's immediate family, regardless of whether the action has been filed against the juvenile; provided, however, that records available under this paragraph shall be limited to official court documents, such as complaints, pleadings and orders, and that such records may be disclosed by the recipient only in connection with asserting legal claims or obtaining indemnification on behalf of the victim or the victim's family and otherwise shall be safeguarded from disclosure to other members of the public. Any potential party in a civil action related to the juvenile offense may file a motion with the civil trial judge seeking to have the juvenile's social, medical or psychological records admitted into evidence in a civil proceeding for damages;

(10) Any potential party in a subsequent civil action for damages related to an act of delinquency committed by a juvenile, including the victim or a member of the victim's immediate family, regardless of whether the action has been filed against the juvenile; provided, however, that records available under this paragraph shall be limited to police or investigation reports concerning acts of delinquency, which shall be disclosed by a law enforcement agency only with the approval of the County Prosecutor's Office or the Division of Criminal Justice. Prior to disclosure, all personal information regarding all individuals, other than the requesting party and the arresting or investigating officer, shall be redacted. Such records may be disclosed by the recipient only in connection with asserting legal claims or obtaining indemnification on behalf of the victim or the victim's family, and otherwise shall be safeguarded from disclosure to other members of the public;

(11) The Office of the Child Advocate established pursuant to P.L.2005, c.155 (C.52:27EE-1 et al.). Disclosure of juvenile information received by the child advocate pursuant to this paragraph shall be in accordance with the provisions of section 76 of P.L.2005, c.155 (C.52:27EE-76);

(12) Law enforcement agencies with respect to information available on the juvenile central registry maintained by the courts pursuant to subsection g. of this section, including, but not limited to: records of official court documents, such as complaints, pleadings and orders for the purpose of obtaining juvenile arrest information; juvenile disposition information; juvenile pretrial information; and information concerning the probation status of a juvenile; and

(13) A Court Appointed Special Advocate as defined in section 1 of P.L.2009, c.217 (C.2A:4A-92).

b. Records of law enforcement agencies may be disclosed for law enforcement purposes, or for the purpose of reviewing applications for a permit to purchase a handgun or a firearms purchaser identification card to any law enforcement agency of this State, another state or the United States, and the identity of a juvenile under warrant for arrest for commission of an act that would constitute a crime if committed by an adult may be disclosed to the public when necessary to execution of the warrant.

c. At the time of charge, adjudication or disposition, information as to the identity of a juvenile charged with an offense, the offense charged, the adjudication and disposition shall, upon request, be disclosed to:

(1) The victim or a member of the victim's immediate family;

(2) (Deleted by amendment, P.L.2005, c.165).

(3) On a confidential basis, the principal of the school where the juvenile is enrolled for use by the principal and such members of the staff and faculty of the school as the principal deems appropriate for maintaining order, safety or discipline in the school or to planning programs relevant to the juvenile's educational and social development, provided that no record of such information shall be maintained except as authorized by regulation of the Department of Education; or

(4) A party in a subsequent legal proceeding involving the juvenile, upon approval by the court.

d. A law enforcement or prosecuting agency shall, at the time of a charge, adjudication or disposition, send written notice to the principal of the school where the juvenile is enrolled of the identity of the juvenile charged, the offense charged, the adjudication and the disposition if:

(1) The offense occurred on school property or a school bus, occurred at a school-sponsored function or was committed against an employee or official of the school; or

(2) The juvenile was taken into custody as a result of information or evidence provided by school officials; or

(3) The offense, if committed by an adult, would constitute a crime, and the offense:

(a) resulted in death or serious bodily injury or involved an attempt or conspiracy to cause death or serious bodily injury; or

(b) involved the unlawful use or possession of a firearm or other weapon; or

(c) involved the unlawful manufacture, distribution or possession with intent to distribute a controlled dangerous substance or controlled substance analog; or

(d) was committed by a juvenile who acted with a purpose to intimidate an individual or group of individuals because of race, color, religion, sexual orientation or ethnicity; or

(e) would be a crime of the first, second, or third degree.

Information provided to the principal pursuant to this subsection shall be maintained by the school and shall be treated as confidential but may be made available to such members of the staff and faculty of the school as the principal deems appropriate for maintaining order, safety or discipline in the school or for planning programs relevant to a juvenile's educational and social development.

e. Nothing in this section prohibits a law enforcement or prosecuting agency from providing the principal of a school with information identifying one or more juveniles who are under investigation or have been taken into custody for commission of any act that would constitute an offense if committed by an adult when the law enforcement or prosecuting agency determines that the information may be useful to the principal in maintaining order, safety or discipline in the school or in planning programs relevant to the juvenile's educational and social development. Information provided to the principal pursuant to this subsection shall be treated as confidential but may be made available to such members of the staff and faculty of the school as the principal deems appropriate for maintaining order, safety or discipline in the school or for planning programs relevant to the juvenile's educational and social development. No information provided pursuant to this section shall be maintained.

f. Information as to the identity of a juvenile adjudicated delinquent, the offense, the adjudication and the disposition shall be disclosed to the public where the offense for which the juvenile has been adjudicated delinquent if committed by an adult, would constitute a crime of the first, second or third degree, or aggravated assault, destruction or damage to property to an extent of more than $500.00, unless upon application at the time of disposition the juvenile demonstrates a substantial likelihood that specific and extraordinary harm would result from such disclosure in the specific case. Where the court finds that disclosure would be harmful to the juvenile, the reasons therefor shall be stated on the record.

g. (1) Nothing in this section shall prohibit the establishment and maintaining of a central registry of the records of law enforcement agencies relating to juveniles for the purpose of exchange between State and local law enforcement agencies and prosecutors of this State, another state, or the United States. These records of law enforcement agencies shall be available on a 24-hour basis.

(2) Certain information and records relating to juveniles in the central registry maintained by the courts, as prescribed in paragraph (12) of subsection a. of this section, shall be available to State and local law enforcement agencies and prosecutors on a 24-hour basis.

h. Whoever, except as provided by law, knowingly discloses, publishes, receives, or makes use of or knowingly permits the unauthorized use of information concerning a particular juvenile derived from records listed in subsection a. or acquired in the course of court proceedings, probation, or police duties, shall, upon conviction thereof, be guilty of a disorderly persons offense.

i. Juvenile delinquency proceedings.

(1) Except as provided in paragraph (2) of this subsection, the court may, upon application by the juvenile or his parent or guardian, the prosecutor or any other interested party, including the victim or complainant or members of the news media, permit public attendance during any court proceeding at a delinquency case, where it determines that a substantial likelihood that specific harm to the juvenile would not result. The court shall have the authority to limit and control attendance in any manner and to the extent it deems appropriate;

(2) The court or, in cases where the county prosecutor has entered an appearance, the county prosecutor shall notify the victim or a member of the victim's immediate family of any court proceeding involving the juvenile and the court shall permit the attendance of the victim or family member at the proceeding except when, prior to completing testimony as a witness, the victim or family member is properly sequestered in accordance with the law or the Rules Governing the Courts of the State of New Jersey or when the juvenile or the juvenile's family member shows, by clear and convincing evidence, that such attendance would result in a substantial likelihood that specific harm to the juvenile would result from the attendance of the victim or a family member at a proceeding or any portion of a proceeding and that such harm substantially outweighs the interest of the victim or family member to attend that portion of the proceeding;

(3) The court shall permit a victim, or a family member of a victim to make a statement prior to ordering a disposition in any delinquency proceeding involving an offense that would constitute a crime if committed by an adult.

j. The Department of Education, in consultation with the Attorney General, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations concerning the creation, maintenance and disclosure of pupil records including information acquired pursuant to this section.

k. The provisions of this section shall apply to all proceedings, reports, and records regarding applications for minor protection orders filed pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.2025, c.35, s.13)

13. (New section) The Supreme Court may promulgate Rules of Court and the Administrative Director of the Courts may issue directives or guidelines to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).

14. (New section) There is appropriated from the General Fund to the Administrative Office of the Courts such funds as shall be necessary for the implementation of P.L. , c. (C. ) (pending before the Legislature as this bill), as certified by the Administrative Director of the Courts and subject to the approval of the Director of the Division of Budget and Accounting in the Department of the Treasury.

15. This act shall take effect on the first day of the 13th month next following the date of enactment.

STATEMENT

This bill establishes the “Minor Protection Order Act of 2026.” Under the provisions of this bill, a parent or guardian of a minor who is at least 14 years of age and alleges to be the victim of certain conduct may file an application with the Superior Court alleging the commission of the conduct and seeking a minor protection order against a respondent who is at least 14 years of age.

Under the bill, conduct means the following: 1) in cases where there is a dating or domestic relationship, including a current or former dating relationship, the respondent committed or attempted to commit a delinquent act which if committed by an adult would constitute homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, stalking, criminal coercion, robbery, cyber-harassment, or any other crime involving risk of death or serious bodily injury to a person who qualifies for relief under the bill; or (2) in cases where there is a non-domestic relationship and there is no dating or former dating relationship, nonconsensual sexual contact, sexual penetration, or lewdness, or any attempt at such conduct, or stalking or cyber-harassment as these terms are defined under the bill.

The application is to be filed during regular court hours and is to be filed by a parent or legal guardian on behalf of the victim.

The bill authorizes an applicant to seek a minor protection order and the court to issue a minor protection order regardless of whether delinquency charges based on the incident were filed and regardless of the disposition of the charges. In cases where delinquency charges arising from the incident have been filed, the prosecutor is required to advise the victim of the right to apply for a temporary minor protection order or may make an appropriate application to the court for a no contact order. Further, the filing of an application does not prevent the filing of a delinquency complaint or the institution or maintenance of a juvenile delinquency proceeding based on the same conduct.

Under the bill, an applicant may seek emergency, ex parte relief in the nature of a temporary minor protection order. A judge may enter an emergency ex parte order when necessary to protect the safety and well-being of the alleged victim on whose behalf the relief is sought. The court is required to, upon consideration of the application, issue a temporary minor protection order if the court determines the applicant is a victim of conduct set forth in the bill and qualifies for relief under the bill’s provisions. The court may issue a temporary minor protection order upon sworn testimony of the applicant or an application of an alleged victim who is not physically present, pursuant to the Rules of Court, or by a person who represents an alleged victim who is physically or mentally incapable of personally filing. The order would be granted upon good cause shown and is to remain in effect until a judge of the Superior Court issues a further order.

Following the issuance of the temporary minor protection order, a hearing for a final minor protection order is required to be held in the Superior Court within 10 business days of the filing of the application for the temporary minor protection order. A copy of the application is to be served on the respondent and his or her parent or legal guardian in conformity with the Rules of Court. A parent or legal guardian of both the minor victim and the minor respondent are required to be present at the hearing. The court may, in its discretion, appoint a guardian ad litem for either party when the court deems it necessary or appropriate.

Further, the bill provides that at the hearing, the standard for proving the allegations made in the application for a final minor protection order is preponderance of the evidence. The court is to consider the following factors: 1) the occurrence of one or more acts set forth under the bill against the alleged victim; 2) any prior history of or threats to commit one or more acts set forth under the bill against the alleged victim; and 3) the future risk to the safety or well-being of the alleged victim.

Under the bill, a court is to issue a final minor protection order only after a finding or an admission is made that the respondent committed conduct set forth under the bill against the alleged victim.

A final minor protection order may include any relief the court deems necessary to protect the victim including: 1) restraining the respondent from committing any further acts of violence against the victim or any prohibited conduct; 2) prohibiting all forms of contact with the victim, whether direct or indirect, including in-person, telephonic, electronic, or third-party communications; 3) restricting the respondent from entering specified locations, including the victim’s residence, school, workplace, or other locations regularly frequented by the victim; 4) prohibiting the respondent from stalking, harassing, or threatening the victim; 5) ordering the respondent to undergo counseling, treatment, or an evaluation, including psychological, psychiatric, or substance abuse assessments; and 6) prohibiting or limiting the respondent’s use of social media.

The bill further provides that the order is required to: 1) prohibit the respondent from purchasing, owning, possessing, accessing, or controlling firearms; 2) require the immediate surrender of any firearms or weapons in the respondent’s possession; and 3) include any other safeguards, as determined appropriate by the court.

Under the bill, a final minor protection order is to remain in effect for a period of six months to one year. In cases where a final minor protection order is entered against a respondent who is at least 17.5 years old when the order was issued, the final minor protection order may remain in effect up until the respondent is 18.5 years of age. Upon application to the court by the victim, the court may extend the order in six-month increments until the respondent’s 18th birthday if the court finds good cause for the continuation of the order, including the continued risk to the safety or well-being of the victim.

The bill authorizes either party to file a petition with the court to dissolve or modify a final minor protection order. Upon application for modification or dissolution of the order by the victim or respondent, the court is required to conduct a hearing to consider whether a material change in circumstances has occurred since the issuance of the minor protection order which would make its continued enforcement inequitable, oppressive, or unjust taking into account the current status of the parties, including the desire of the victim for the continuation of the minor protection order, the potential for contact between the parties, the history of the respondent’s violations of the minor protection order or adjudications of delinquency, and any other factors that the court may find relevant to protecting the safety and well-being of the victim.

Under the bill, a respondent’s violation of a temporary or final minor protection order constitutes contempt, which is a crime of the fourth degree if the conduct which constitutes the violation could also constitute a crime or disorderly persons offense or, in all other cases, a disorderly persons offense.

Further, the bill requires all temporary and final minor protection orders to be entered into the juvenile central registry. A temporary minor protection order is to be removed from the juvenile central registry upon dismissal of the order. A final minor protection order is to be removed from the juvenile central registry upon the respondent reaching the age of 18, provided that the final minor protection order has been dissolved. In any case where a final minor protection order remains in effect beyond the respondent’s 18th birthday, the final minor protection order is to be removed from the juvenile central registry upon dissolution of the order.

This bill also sets forth requirements for training for law enforcement, assistant prosecutors, and certain Superior Court judges and judicial personnel regarding the bill’s provisions.

Finally, under the bill, there is appropriated from the General Fund to the Administrative Office of the Courts such funds as are necessary for the implementation of the bill, as certified by the Administrative Director of the Courts and subject to the approval of the Director of the Division of Budget and Accounting in the Department of the Treasury.