4.2 SUPERIOR COURT, FAMILY DIVISION PROCESSING NJ

4.2 SUPERIOR COURT, FAMILY DIVISION PROCESSING NJ

During court hours for Domestic Violence matters (Monday through Friday, 8:30 AM to at least 3:30 PM), a victim of domestic violence will be referred to the Superior Court, Family Division to sign a domestic violence complaint. When a criminal complaint is also signed, it is to be processed separately for investigation and prosecution through the Criminal/Municipal Courts.

4.3 TAKING A COMPLAINT IN SUPERIOR COURT, FAMILY DIVISION

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When a victim arrives, the victim should be directed to the Domestic Violence Unit. A victim shall be given a Victim Information Sheet (VIS) to complete (See Appendix 1). At this time, the victim should be fully informed about her/his right to file a criminal complaint, a domestic violence complaint, or both types of complaints. The victim should be told about the differences between the two proceedings and about the relief available under each. The victim can then make an informed decision based on her/his own needs and a clear understanding of the options available.

The victim should be assisted and accompanied by a victim advocate whenever possible. A victim advocate should be available to speak with all victims or potential victims at all stages of the court process. The victim advocate should be given as much support as possible (e.g. space for interviewing, immediate referrals), as well as access (with the victim) to the courtroom. The victim advocate should be advised when every initial intake or application for dismissal is presented to offer assistance to the victim at this early stage in the process. When a victim advocate is not available, courts, police, prosecutors and law enforcement should have contact names and numbers readily available to give to all victims, preferably in the form of a card or pamphlet.

A domestic violence staff person shall interview the victim in a private area and IV - 34.3.4

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advise and inform the victim of rights, options and appropriate referrals.

Based upon the information provided by the victim on the VIS, the staff person will search FACTS for both parties’ history and case history. The case is established and docketed on FACTS, where appropriate, which results in the production of the Complaint/TRO. The party case history should be made part of the court’s file. If it is determined while searching FACTS that plaintiff has an active restraining order against defendant or that taking a complaint is inappropriate for any other reason, the complaint should not be docketed.

Staff should be certain that the victim’s allegations are fully set forth in the body of the domestic violence complaint, as well as any prior history or acts of domestic violence, whether or not reported.

The determination of whether the incident constitutes domestic violence is a legal issue to be determined by a judge or Domestic Violence Hearing Officer (DVHO). A victim should rarely be turned away. Legal sufficiency or jurisdiction, applicability of definitions such as “household member” or “dating relationship,” or the appropriateness of using the domestic violence process to address a particular problem are all decisions for a judge or DVHO. Screening by staff should be concentrated on information gathering, and only those cases that clearly fall outside the scope of the law should be rejected at the staff level. In these situations, the rejection of a complaint by staff should be reviewed by a supervisor who should ensure that appropriate alternate remedies are explained to the victim.

When available and in appropriate cases, a victim can choose to have their complaint heard by a DVHO. Proceedings before a DVHO shall be in accordance with the approved DVHO Standards (See Appendix 3). Those cases that are not heard by a DVHO shall be brought to a judge.

When a TRO is not recommended by the DVHO, the DVHO must advise the plaintiff of his/her option to see a judge for a hearing de novo, in accordance with the DVHO Standards.

The judge or DVHO must follow Section 5.10 regarding weapons if there is any allegation that the defendant owns or has access to a weapon(s), a firearms identification card or permit to purchase a handgun.

When an applicant seeks a TRO, she or he must be asked if he or she wishes to request ongoing child support at the FRO hearing. If he or she wishes to pursue this relief, Intake must provide the applicant with a IV-D application to be completed during the intake process. Parts E–H should be placed in the court file. Parts A-C should be provided to the Plaintiff as reference information.

The appropriate reliefs should be added to FACTS (i.e., paternity and/or child support.) If paternity has not been previously established for the child(ren), a request to establish paternity at the final hearing must be entered on line 13 of the TRO.

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Paternity need not be established if the parties are married or if a legal determination of paternity has been made previously. If a Certificate of Paternity has been signed, this can be indicated on the TRO and a copy maintained in the file.

4.3.12 When a child support obligation is established, the information regarding paternity and the monetary amount must be entered on both the FRO and the Uniform Summary Support Order (USSO, Appendix 31). Paternity determination is required to be recorded on the FRO at line 1 of Part 2 relief and on the appropriate check-off boxes on the USSO.

4.3.13 When a defendant comes to the Intake Office, FACTS should be searched to determine if service of the FRO and the USSO has been accomplished. If these orders have not been served on defendant, service shall be documented by requesting the defendant to sign the orders or court staff may initial the orders with the current date indicating that the defendant received the orders. Service by a law enforcement officer is documented by signature on the FRO.

4.4 ACCESS IN SPECIAL CIRCUMSTANCES

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Victims shall personally appear during regular court hours. A procedure shall be implemented by the Family Division Manager to allow victims to obtain emergent relief through telephonic contact with a judge pursuant to Rule 5:7A where a victim is unable to personally appear. Telephonic testimony may be permitted at the TRO or FRO hearing in the discretion of the court.

If a victim is physically or mentally incapable of filing personally, a judge may issue a temporary restraining order requested by a person who represents the applicant provided the judge is satisfied that (1) exigent circumstances exist to excuse the failure of the applicant to appear personally and (2) that sufficient grounds for granting the application have been shown.

The Family Division shall be prepared to accept domestic violence complaints until at least 3:30 PM during days when the Superior Court is in session. The regular business hours of the Domestic Violence Unit or other office accepting domestic violence complaints shall be clearly posted and disseminated to all Municipal Courts and law enforcement personnel in the vicinage. See sections 2.2.2 and 2.2.3.

There are occasions when a person seeking to file a domestic violence Complaint/TRO arrives too late in the day for it to be processed and heard during regular court hours. During the interim period between the Domestic Violence Unit’s close of business and when the courthouse actually closes, victims shall not be turned away. Each county shall develop a procedure in such instances for either in-person or telephonic communication under Rule 5:7A between the victim and an on-site or emergent duty judge, so that the request for emergent relief can be handled without the necessity of the victim having to go to the local police station or the Municipal Court.

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4.4.5 On weekends, holidays or during those hours when the Superior Court is not in session, a victim should be referred to local law enforcement officials, so that her/his Complaint/TRO can be processed by a law enforcement officer and heard by a Municipal Court judge. http://www.judiciary.state.nj.us/family/dvprcman.pdf