4.6 PROCEDURES FOR SERVICE OF COMPLAINT/TRO/FRO NJ

4.6 PROCEDURES FOR SERVICE OF COMPLAINT/TRO/FRO NJ

4.6.1

4.6.2

4.6.3

4.6.4

The Complaint/TRO shall be served on the defendant by personal service, immediately following the entering of such order. This service is effectuated by the procedures outlined in each county, through the Municipal or State police, Sheriff’s Department or both. Substituted service is permitted only by specific court order.

The Sheriff’s Officer or court staff member will provide the plaintiff two copies of the Complaint/TRO. The plaintiff may, but is under no circumstances required, to provide a copy to the police department or residence or where sheltered. The plaintiff shall be advised to keep a copy of the TRO on with them at all times.

If the parties reside together and the defendant is being removed from the home, the plaintiff will be instructed to report to the appropriate law enforcement agency for accompaniment to the residence if appropriate.

The Family Division, Domestic Violence Unit must immediately fax a copy of the Complaint/TRO to the municipality where the defendant resides or may be served, and to all law enforcement agencies that can or may assist in the service and enforcement of the Order. This can be specified in the Comments section of the TRO.

IV - 74.6.5

At no time shall the plaintiff be asked or required to serve any order on the defendant. N.J.S.A. 2C:25-28.

Once service on the defendant is attempted (successfully or unsuccessfully), the return of service portion of the TRO must be completed by the appropriate law enforcement agency and immediately faxed to Family Court (Domestic Violence Unit) and if issued by a Municipal Court, the court which issued the TRO. The original shall be returned to the Domestic Violence Unit.

4.7 SERVICE OUT OF COUNTY

4.7.1

4.7.2

4.7.3

When a temporary or final restraining order is issued that requires service outside the issuing county, the restraining order must immediately be brought or faxed to the Sheriff’s Department or other designated law enforcement agency in the issuing county.

A. The Sheriff’s Department or other designated law enforcement agency in the issuing county must bring or fax the order and related documents to the sheriff’s department or other designated law enforcement agency in the county of the defendant’s residence or business.

B. The Sheriff’s Department or other designated law enforcement agency in the receiving county, pursuant to local policy, will either:

(1) Execute service on the defendant, or

(2) Immediately bring or fax the order and related documents to the sheriff or other designated law enforcement agency in the municipality in which the defendant resides or works so that it can execute service accordingly.

C. The return of service should then be faxed back to the sheriff’s department or other designated law enforcement agency in the issuing county, which in turn must immediately deliver or fax the return of service to the Family Division in the issuing county.

Once service on the defendant is attempted, successfully or unsuccessfully, the return of service portion of the TRO must be filled out by the sheriff’s department or other designated law enforcement agency and immediately faxed or returned to the Family Division prior to the scheduled final hearing date.

When an order must be served on a defendant who is out-of-state, the law enforcement officer or agency or court staff should contact the State Police or Family Court in the other state to determine the procedures for service in that state (Appendix 29 and 30).