Rule 5:12-6.Matters Involving Law Enforcement
Last amended September 1, 2013 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:12-6
Amendment History
New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.
Note: Adopted June 15, 2007 to be effective September 1, 2007; paragraphs (a) and (b) amended July 9, 2013 to be effective September 1, 2013.
Plain-English Summary
When a criminal complaint arises from the same incident as a Division action, two courts have an interest in the same family and neither should act blind to the other. This rule puts visitation squarely with the Family Part, and builds in the criminal side's participation.
Four steps follow. On scheduling any hearing where visitation conditions are to be imposed or modified, the court notifies the county prosecutor and the parent's criminal defence counsel as well as everyone in the Division matter. Before the hearing it issues a protective order governing disclosure of confidential Division records. A copy of any visitation order is transmitted to the Law Division. And any application to modify visitation goes back to the Family Part, on the same notice.
Information flows the other way under paragraph (b). The Division may ask the prosecutor for relevant material from a criminal investigation of the same incident. If they cannot agree, either may ask the Assignment Judge to assign a judge, who conducts a conference without delay on notice to the prosecutor and all parties. One limit is absolute: the court may not order the release of pre-indictment information without the prosecutor's agreement. No existing rights or privileges are affected by the procedure.
Frequently Asked Questions
Who decides visitation when a parent is facing criminal charges?
The Family Part determines the nature and scope of parental or guardian visitation, on notice to the county prosecutor and to counsel representing the parent in the criminal prosecution as well as everyone in the Division matter.
Can the Division get information from a criminal investigation?
It may request relevant information from the prosecutor. If they cannot agree, either may ask the Assignment Judge to assign a judge to assist, who holds a conference without delay.
Can a judge order release of pre-indictment information?
No. The court shall not order the release of pre-indictment information without the agreement of the prosecutor.