CIVIL PENALTY NJ

CIVIL PENALTY NJ

4.15.1 UponthefindingofanactofdomesticviolenceandtheentryofaFRO,thecourtis required to assess a civil penalty of $50.00 to $500.00 against the defendant under N.J.S.A. 2C:25-29.1. This fee may be waived due to “extreme financial hardship.” Such a finding must be made on the record. The court may order the payment to be made immediately, within 30 days, or within some other specific period of time. All

IV - 22orders must also include a provision for the payment of a $2.00 Comprehensive Adult Probation System (CAPS) transaction fee for each payment. For example, if one payment of $50 is ordered, a $2 transaction fee is assessed, for a total of $52. If a penalty of $500 is ordered to be paid in five installments of $100 each, a $2 transaction fee must be added to each payment, for a fee of $10 (five payments, $2 each) and a total penalty of $510. There is no provision for a refund of the penalty or the transaction fee after dismissal of a FRO.

See section 6.4.8 regarding the Surcharge for domestic violence offender to fund grants pursuant to N.J.S.A. 2C:25-29.4. This surcharge is in addition to other penalties, fines and/or charges imposed pursuant to law.

4.15.2 Eachcountyshouldprepareasetofspecificinstructionstodefendantssettingoutthe location and address of the Finance Office where the payments are to be made. The defendant should be provided with these instructions and directed to that office to make payments pursuant to the court’s order. If the defendant does not appear at the final hearing, payment instructions shall be served on the defendant along with the FRO. The Family Division should send a copy of the order to the appropriate finance office to enter into the CAPS system.

4.15.3 When the penalty is not paid in accordance with the Court’s order, the Comprehensive Enforcement Program (CEP) in the Probation Division will serve as the enforcement mechanism. These cases will be included in the normal CEP process.

4.16 FINGERPRINTING AND PROCESSING

All persons against whom a FRO has been entered shall submit to fingerprinting and photographing either on the same day as the entry of the final order or within a reasonable time thereafter. Failure to do so is a disorderly persons offense under N.J.S.A. 53:1-15. Each county must establish its own procedure to fingerprint, photograph and enforce these provisions against those who do not comply (See Appendix 11).