2.1 WHERE, WHEN AND HOW DOMESTIC VIOLENCE COMPLAINTS ARE TO BE FILED N

2.1 WHERE, WHEN AND HOW DOMESTIC VIOLENCE COMPLAINTS ARE TO BE FILED NJ

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A victim of domestic violence must have access to the courts at all times. Law enforcement, Municipal and Superior Court staff must be advised that victims should never be turned away because of the inconvenience of arranging off-hours emergency relief.

A law enforcement officer responding to a domestic violence call must provide the victim with assistance to file either a criminal or civil Complaint/TRO or both. Under no circumstances should an officer prevent or discourage a victim from seeking immediate temporary relief merely because the domestic violence occurs after regular business hours.

Special Provisions for persons under 18 years of age:

A. A victim may be below the age of 18, may sign the Complaint/TRO and does not need the consent of a parent or guardian to file or withdraw a complaint or to request a modification of an existing order.

B. The domestic violence defendant must be over the age of 18 or emancipated at the time of the offense. (See emancipated minor definition, Section 1.8, for criteria in determining whether a person is emancipated.)

C. A person under 18 years of age and not emancipated who commits an act of violence may not be a defendant in a civil domestic violence case but can be charged with specific acts of domestic violence (e.g., assault) under the Code of Juvenile Justice. The entry of pre or post-dispositional restraints can also be considered for use in the juvenile delinquency case.