New Jersey § 2c:14-16

§ 2c:14-16.

Final Protective Order. a. A hearing shall be held in the Superior Court within 10 days of the filing of an

application pursuant to section 3 of P.L.2015, c. 147 ( C.2C:14-15 ) in the county where the temporary protective 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 in conformity with the

Rules of Court. If a criminal complaint arising out of the same incident which is the subject matter

of an application for a protective order has been filed, testimony given by the applicant,

the alleged victim, or the respondent in accordance with an application filed pursuant

to this section shall not be used in the criminal proceeding against the respondent,

other than contempt matters, and where it would otherwise be admissible hearsay under

the rules of evidence that govern when a party is unavailable. At the hearing, the standard for proving the allegations made in the application for

a protective order shall be a preponderance of the evidence. The court shall consider but not be limited to the following factors: (1) the occurrence of one or more acts of nonconsensual sexual contact, sexual penetration,

or lewdness, or any attempt at such conduct, or acts of stalking or cyber-harassment against the alleged victim; and (2) the possibility of future risk to the safety or well-being of the alleged victim. b. The court shall not deny relief under this section due to: the applicant's or alleged

victim's failure to report the incident to law enforcement; the alleged victim's or

the respondent's alleged intoxication; whether the alleged victim did or did not leave

the premises to avoid nonconsensual sexual contact, sexual penetration, or lewdness,

or an attempt at such conduct , or to avoid being stalked ; or the absence of signs of physical injury to the alleged victim. c. In any proceeding involving an application for a protective order pursuant to P.L.2015, c. 147 ( C.2C:14-13 et al.), evidence of the alleged victim's previous sexual conduct or manner of dress

at the time of the incident shall not be admitted nor shall any reference made to

such conduct or manner or dress, except as provided in N.J.S.2C:14-7 . d. The issue of whether an act alleged in the application for a protective order occurred,

or whether an act of contempt under subsection d. of N.J.S.2C:29-9 occurred, shall not be subject to mediation or negotiation in any form. e. A final protective order issued pursuant to this section shall be issued only after

a finding or an admission is made that the respondent committed an act of nonconsensual

sexual contact, sexual penetration, or lewdness, or any attempt at such conduct, or committed stalking or cyber-harassment against the alleged victim. A final protective order shall: (1) prohibit the respondent from having contact with the victim; and (2) prohibit the respondent from committing any future act of nonconsensual sexual

contact, sexual penetration, lewdness, stalking, or cyber-harassment, or any attempt at such conduct, against the victim. f. In addition to any relief provided to the victim under subsection e. of this section,

a final protective order issued pursuant to this section may include, but is not limited

to, the following relief: (1) an order prohibiting the respondent from entering the residence, property, school,

or place of employment of the victim or the victim's family or household members,

and requiring the respondent to stay away from any specified place that is named in

the order and is frequented regularly by the victim or the victim's family or household

members; (2) an order prohibiting the respondent from having any contact with the victim or

others, including an order forbidding the respondent from personally or through an

agent initiating any communication likely to cause annoyance or alarm including, but

not limited to, personal, written, or telephone contact, or contact via electronic

device, with the victim or the victim's family members or their employers, employees,

or fellow workers; an employee or volunteer of a sexual assault response entity that

is providing services to a victim; or others with whom communication would be likely

to cause annoyance or alarm to the victim; (3) an order prohibiting the respondent from following, or threatening to harm, stalk, or follow, the victim; (4) an order prohibiting the respondent from committing or attempting to commit an

act of harassment against the victim; and (5) any other relief that the court deems appropriate. g. A copy of the final protective order issued pursuant to this section shall be immediately

forwarded to the police of the municipality in which the victim resides or is sheltered.

A copy of the final protective order shall be forwarded to the sheriff of the county

in which the respondent resides for immediate service upon the respondent in accordance

with the Rules of Court. The court or the sheriff may coordinate service of the final protective order upon

the respondent through the police in appropriate circumstances. If personal service cannot be effected upon the respondent, the court may order other

appropriate substituted service. At no time shall the victim be asked or required to serve any order on the respondent. h. Notice of a final protective order issued pursuant to this section shall be sent

by the clerk of the Superior Court or other person designated by the court to the

appropriate county prosecutor, the appropriate chiefs of police, members of the State

Police and any other appropriate law enforcement agency. Notice of the issuance of a final protective order shall also be provided to the Division

of Child Protection and Permanency in the Department of Children and Families where

the victim is less than 18 years of age. i. A final protective order issued pursuant to this section shall remain in effect

until further order of a judge of the Superior Court. Either party may file a petition with the court to dissolve or modify a final protective

order. When considering a petition for dissolution or modification of a final protective

order, the court shall conduct a hearing to consider whether a material change in

circumstances has occurred since the issuance of the protective 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 protective order, the potential for contact between the parties, the history

of the respondent's violations of the protective order or criminal convictions, and

any other factors that the court may find relevant to protecting the safety and well-being

of the victim.