3.6 REPORTING OF DOMESTIC VIOLENCE INCIDENTS NJ

3.6 REPORTING OF DOMESTIC VIOLENCE INCIDENTS NJ

The agency shall fully document all complaints of and responses to domestic violence incidents.

3.6.1 The agency shall insure that all domestic violence incidents are fully recorded and documented within the departmental reporting system.

3.6.2 The agency shall insure that all domestic violence incidents are reported in accordance with state statute. This includes, but is not limited to, completion and submission of the UCR DV#l form or its electronic data equivalent.

3.7 TRAINING

The agency shall train its officers in the handling of domestic violence incidents as a matter of policy and procedure, and also from the standpoint of proper police protocol.

3.7.1 The agency shall provide for the training of all officers in the appropriate handling, investigation and response procedures concerning reports of domestic violence.

III - 5THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

B. GUIDELINESONPOLICERESPONSEPROCEDURESINDOMESTICVIOLENCE CASES

Introduction These general guidelines consolidate the police response procedures for domestic violence cases, including abuse and neglect of the elderly and disabled, based on State law, Court Rules, and prior editions of the Domestic Violence Procedures Manual which was jointly prepared by the New Jersey Supreme Court and the Attorney General through the Division of Criminal Justice.

3.8

MANDATORY ARREST

3.8.1

3.8.2

A police officer must arrest and take into custody a domestic violence suspect and must sign the criminal complaint against that person if there exists probable cause to believe an act of domestic violence has occurred and

The victim exhibits signs of injury caused by an act of domestic violence. N.J.S.A. 2C:25-21a(1).

A. The word, “exhibits,” is to be liberally construed to mean any indication that a victim has suffered bodily injury, which shall include physical pain or impairment of physical condition. Probable cause to arrest also may be established when the police officer observes manifestations of an internal injury suffered by the victim. N.J.S.A. 2C:25-21c(1)

B. Where the victim exhibits no visible sign of injury, but states that an injury has occurred, the officer should consider other relevant factors in determining whether there is probable cause to make an arrest. N.J.S.A. 2C:25-21c(1)

C. In determining which party in a domestic violence incident is the victim where both parties exhibit signs of injury, the officer should consider:

1. The comparative extent of injuries suffered;

2. The history of domestic violence between the parties, if any;

3. The presence of wounds associated with defense, or considered defensive wounds; or

4. Other relevant factors, including checking the DV Central Registry. N.J.S.A. 2C:25-21c(2).

5. NOTE: The investigating officer must insure that “[n]o victim shall be denied relief or arrested or charged under this act with an offense because the victim used reasonable force in self-defense against domestic violence by an attacker.” N.J.S.A. 2C:25-21c(3).

III - 6

THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

3.8.3

3.8.4 3.8.5

D. If the officer arrests both parties, when each exhibit signs of injury, the officer should explain in the incident report the basis for the officer’s action and the probable cause to substantiate the charges against each party.

E. Police shall follow standard procedures in rendering or summoning emergency treatment for the victim, if required.

There is probable cause to believe that the terms of a TRO have been violated. If the victim does not have a copy of the restraining order, the officer may verify the existence of an order with the appropriate law enforcement agency. The officer should check the DVCR. N.J.S.A. 2C:25-21(a)(3)

A warrant is in effect. N.J.S.A. 2C:25-21a(2) There is probable cause to believe that a weapon as defined in N.J.S.A. 2C:39-1r has

been involved in the commission of an act of domestic violence. N.J.S.A. 25-21a(4) 3.9. DISCRETIONARY ARREST

3.9.1

A police officer may arrest a person or may sign a criminal complaint against that person, or may do both, where there is probable cause to believe that an act of domestic violence has been committed but none of the conditions in Section. 3.8 above applies. N.J.S.A. 2C:25-21b

In any situation when domestic violence may be an issue, but there’s no probable cause for arrest and the victim does not wish to file a TRO, the police officers must give and explain to the victim the domestic violence notice of rights as contained in the Victim Notification Form. N.J.S.A. 2C:25-23