New Jersey’s Domestic Violence Notification Law: What Victims Need to Know

Domestic violence is a serious issue that affects countless families in New Jersey and across the United States. While there are many laws in place to protect victims and hold abusers accountable, one critical piece of legislation in New Jersey is the domestic violence notification law under Section 2C:25-26.1. This law requires that victims be notified when a defendant charged with domestic violence is released from custody.

The Purpose of Domestic Violence Notification Laws

Notification laws for domestic violence cases exist to help protect victims. Abusers often continue targeting their victims even after an arrest, so it’s critical that victims have a chance to take safety precautions when the abuser is released.

According to research, the period immediately following an abuser’s release is when a victim’s risk of being killed by their abuser is at its highest. Notification gives victims a chance to plan for their safety by doing things like:

• Staying with family or friends
• Avoiding certain locations the abuser may look for them
• Changing their daily routine
• Working with advocates to create a personalized safety plan

Studies show that domestic violence notification laws do help reduce intimate partner homicides. They also increase the likelihood that victims will obtain protective orders after an abuser’s arrest.

Overall, these laws recognize that domestic violence is often an ongoing pattern of power and control. A single arrest doesn’t necessarily stop the abuse. Notification provides victims with information so they can better protect themselves.

What New Jersey’s Notification Law Says

New Jersey’s domestic violence notification law is outlined in Section 2C:25-26.1. It states that:

“Notwithstanding any other provision of law to the contrary, whenever a defendant charged with a crime or an offense involving domestic violence is released from custody the prosecuting agency shall notify the victim.”

Key things to understand:

• This law applies to any defendant charged with domestic violence offenses in NJ, whether it’s a minor crime or felony charge.
• “Released from custody” includes being released on bail, released on their own recognizance, or finishing a jail sentence.
• The “prosecuting agency” refers to the prosecutor’s office handling the case. They are responsible for notifying the victim of the defendant’s release.
• Notification must be made “whenever” the defendant is released, meaning there are no exceptions or circumstances where notice doesn’t have to be provided.

The law is designed to be broad and comprehensive in order to fully protect domestic violence victims. Prosecutors’ offices are obligated to inform victims of any release related to the domestic violence charges.

How the Notification Process Works

So how does the notification process play out when a domestic violence defendant is released in New Jersey?

First, the jail or court staff are required to notify the prosecuting agency that the defendant is being released. This should happen immediately upon release, regardless of the time of day or night.

Next, the prosecuting agency reaches out directly to the victim through phone calls, texts, emails, or other methods of communication. Their goal is to make sure the victim receives notice as soon as possible once the defendant is out.

Some prosecutors’ offices have developed systems where they can automatically generate notifications through automated calls or texts. For high-risk cases, they may also send an advocate to notify the victim in person when feasible.

If the prosecuting agency can’t reach the victim directly, they will attempt to make notifications through a secondary contact provided by the victim. This underscores the importance of victims providing accurate and reliable emergency contact information to law enforcement and prosecutors.

What Information Must Be Included

The notification provided to the victim should include key details such as:

• Defendant’s name
• Date and time of release
• Conditions of release (for example, bail amount, electronic monitoring, no contact order, etc.)
• Next scheduled court date
• Prosecutor’s contact information

This information empowers victims to understand the defendant’s status, take appropriate safety precautions, and follow up with any concerns.

Limits of the Notification Law

While New Jersey’s domestic violence notification law is an important protection for victims, there are some limits to be aware of:

• Notification depends heavily on the prosecuting agency having current and correct contact information for the victim. It’s essential that victims provide multiple means of being reached and update this if their contact information changes.
• The law only requires notification when the defendant is initially released from custody. There is no requirement to notify if the defendant subsequently violates release conditions or gets re-arrested.
• Notification itself does not prevent abuse or guarantee safety. Victims must continue exercising caution and work with advocates to create a long-term safety plan.
• There are no criminal penalties if prosecutors fail to notify victims. The law does not give victims a private right of action if notification does not occur.

While imperfect, the notification law removes a major information barrier for victims. It’s a first step victims can take in regaining power over their safety.

Notification in Cases of Violating a Restraining Order

A question that often comes up is whether notification applies when a defendant violates a domestic violence restraining order.

Restraining order violations are treated as contempt of court in New Jersey rather than a separate criminal offense. However, many prosecutors interpret the notification law to include release information when a defendant is arrested for violating a restraining order.

While not technically required, most prosecutors make a good faith effort to notify victims of release in restraining order violation cases given the safety implications. But again, this is not guaranteed under the letter of the law.

The Role of Victim Advocates

Victim advocates and domestic violence resources also play a key role in helping victims stay safe following an abuser’s release.

Advocates can assist victims in:

• Creating customized safety plans for themselves and their children
• Obtaining temporary cell phones, housing, or financial assistance
• Filing for a restraining order or requesting a no contact order from the court
• Understanding the legal process and what to expect at future court dates
• Accessing other support services like counseling, support groups, or childcare

Every county has domestic violence resource centers where victims can get free and confidential help from advocates. These services are available regardless of whether the victim chooses to report abuse to law enforcement.

Advocates provide critical emotional support and help victims navigate complex systems—including the notification process. They are essential partners in keeping victims safe.

What If Notification Doesn’t Happen?

Victims should first reach out to the prosecuting agency if they don’t receive notice of the defendant’s release. There may be a reasonable explanation, such as not having the victim’s updated contact information. The prosecutor’s office can then provide the release details over the phone or in writing.

If the prosecutor confirms that notification should have occurred but didn’t, victims can:

• Contact a domestic violence advocate to develop an emergency safety plan
• File a complaint with the prosecutor’s office about the lapse in notification
• Contact the NJ Domestic Violence Hotline to report the issue
• Reach out to the NJ Coalition to End Domestic Violence for additional support
• Consult with an attorney about legal options, if desired

While the notification law does not create a private right to sue, reporting these systemic failures is important to improve practices. Victims should not hesitate to speak up if notification does not happen as required.

Will Notification Laws Change?

There are ongoing conversations among policymakers and advocates about how to strengthen domestic violence notification laws—in New Jersey and other states.

Some changes that have been proposed include:

• Requiring notification when defendants violate restraining orders or release conditions
• Creating an automated statewide notification system
• Extending notification rights to victims who were not included in the original charges
• Imposing penalties on prosecutors’ offices for failure to notify
• Giving victims a private right to take civil action if notice does not occur

However, even absent these reforms, the existing New Jersey law provides critical protections for victims. Ensuring that prosecutors fully implement notification procedures remains the top priority for advocacy groups.

Takeaways for Domestic Violence Victims

For victims of domestic violence in New Jersey, some key takeaways about the notification law include:

• Keep your contact information updated with the prosecutor’s office and victim advocates.
• Understand that the period right after an abuser’s release can be very dangerous. Take steps to maximize safety through planning and support.
• Know that the prosecutor’s office is obligated to notify you whenever the defendant is released, but notification itself does not guarantee safety.
• Work closely with an advocate to create a personalized protection plan for you and your children.
• Speak up if you are not notified as required so the oversight can be addressed.
• View notification as one part of a comprehensive plan to regain control over your life and safety after abuse.

Domestic violence notification laws create an essential bridge to inform and empower victims. While just one piece of the puzzle, New Jersey’s law upholds the basic right of victims to know when their abuser gains freedom—and to act accordingly. Any improvements to close gaps will only strengthen this critical lifeline.