DOMESTIC VIOLENCE CHECK LIST FOR LAW ENFORCEMENT OFFICERS Primary Investigation Guidelines Obtaining TRO’s

DOMESTIC VIOLENCE CHECK LIST FOR LAW ENFORCEMENT OFFICERS Primary Investigation Guidelines Obtaining TRO’s

1. Upon Arrival at Scene ‘ Determine location and condition of

victim ‘ Determine if suspect is still as scene ‘ Check well being, physical condition

of all parties ‘ Determine what, if any, criminal

offense has occurred ‘ Determine if any weapon was

involved ‘ Summon first aid if injuries require

2. Preliminary Investigation

‘ Interview victim & suspect separately

‘ Ask victim if there is a history of abuse

‘ If children at scene, interview them separately

‘ Distinguish primary aggressor from victim, if both parties injured

T Comparative extent of injuries suffered

T History of domestic violence T The nature and type of

wounds [injury associated

with defendant oneself[ T Other relevant factors

T Keep in mend that a person has a right to defendant self if

attacked by another ‘ Note & document emotional &

physical condition of parties

involved ‘ Note demeanor of suspect ‘ Note torn clothing of both parties ‘ If victim is a woman, note smeared

make up ‘ Note signs of injury on victim

‘ Note and record any excited utterances by any party

‘ Note any evidence of substance/chemical abuse

‘ Advise victim of domestic violence rights

‘ Assist victim in completing Victim Notification Form

‘ Advise victim of available resources ‘ Assist victim in obtaining temporary

domestic violence restraining order

3. Court Orders

‘ Determine if victim has restraining order

‘ Was restraining order served on suspect

‘ Determine if suspect in violation of court order

4. Arrest

‘ If criteria for mandatory arrest present, arrest suspect

T Victim shows signs of injury caused by an act of domestic

violence T A warrant is in effect

T Defendant has violated a restraining order

T Defendant used or threatened to use a weapon

‘ If probable cause not present for arrest by officer, advise victim of right to sign criminal complaint

‘ Record spontaneous statement of suspect

‘ Prevent communication between suspect & victim/witness ‘ Record alibi statement of suspect‘ Advise suspect of rights ‘ Record all statements

5. Evidence

‘ Record condition of crime scene ‘ Photograph damaged property ‘ Photograph crime scene ‘ Identify weapons/firearms

‘ Photograph and diagram injuries of ____victim

____suspect ‘ Obtain statements of

_____victim _____children _____witnesses

‘ Collect, protect and document all physical evidence

6. Medical Treatment ‘ Transport victim to hospital, if

necessary ‘ Obtain copy of EMT report ‘ Obtain medical release from victim,

if appropriate

7. Completing Incident Report

‘ Maintain objectivity in reporting ‘ Avoid personal opinions ‘ Report details, not conclusions T Ensure that elements of all involved

criminal offenses are included in

report T Describe in detail nature of criminal

offenses involved T Document any injuries suffered by

victim T Document any injuries suffered by

suspect T Document past history of violence T Record spontaneous statements as

stated by parties–do not paraphrase T Record reasons why weapons were

seized for safekeeping

8. Obtaining TRO When Courts are Closed

‘ Always contact a judge if: 1. an act of DV is alleged

2. the victim is a person protected under the DV Act; and 3. a TRO is requested

‘ If unsure of the above, contact the judge [Do not make a legal

determination] ‘ Prior to contacting the judge for a

DV Restraining Order, review the following: 1. Advise victim that she/he has the right to request a TRO and file a criminal complaint.

2. Confirm if victim is requesting a TRO. Officer cannot request TRO on behalf of victim.

3. Be sure all victim’s rights forms are completed. 4. When TRO requested, complete DV complaint with victim.

5. Explain to victim that she/he will have to speak with the judge via telephone. Assist the victim in preparing a statement to be made to the judge.

‘ After administering the oath to the victim, the judge will ask the victim questions about the incident, the TRO and the requested relief.

‘ Contact the assigned judge by radio, telephone or other means of

electronic communication. DO NOT USE the telephone of one of the parties.

‘ If mandatory arrest situation, have bail information available for the judge. Run CCH on defendant prior to contacting the judge. Check DV Registry.

‘ If not mandatory arrest, judge will decide whether complaint should go on a warrant or a summons.

‘ Run a multi-state record if circumstances warrant. A motor

vehicle check may also be helpful as it may reflect FTA’s which could have a bearing on the bail decision.

‘ Be prepared to advise the judge of any prior incidents of domestic violence which may not appear on the criminal history [i.e., incident reports, etc.]

‘ Have TRO ready to complete at the direction of the judge after the judge has spoken with the victim. If the judge issues a TRO, the officer will be instructed to print the judge’s name and enter the judge’s authorization on the TRO.

‘ After the judge issues the TRO, serve the offender.

9. Violations of Restraining Orders

‘ When an officer determines that a party has violated an existing TRO or FRO by committing a new act of domestic violence or by violating the terms of the order, the officer should: 1. arrest the offender

2. Sign a criminal complaint charge, and ll related criminal offenses, on a complaint-warrant 3. During regular court hours, telephone the assigned Superior Court judge, assigned prosecutor or bail unit and request bail be set At all other times, follow procedures for each county and vicinage.

10. Enforcing Out-of-State Restraining or Protective Orders ‘ Federal law requires out-of-state

restraining and protective orders be recognized and enforced as if they were issued by a NJ court. To determine if out-of-state order is facially valid the officer should __Order is considered valid if order contains names if correct parties, and order has not expired [Note: NJ and

WA orders do not have expiration dates], and __victim states that named defendant appeared in court or had notice of order

11. Enforcing Out-of-State Restraining or Protective Orders in Emergency Situations

‘ If named defendant committed a criminal offense under NJ law against victim and violated an out- of-state court order, officer should:

__arrest defendant and

__sign criminal complaint against defendant for criminal offense committed and cor a violation of a court order, N.J.S.A. 2c:29-9a.

‘ If named defendant committed no criminal offense but violated out-of- sate order, officer should __arrest defendant for a violation of court order and charge N.J.S.A. 2C:29-9a

‘ If victim does not have copy of out- of-state order and officer cannot determine existence of order or if court order contains apparent defect which would cause reasonable officer to question its authenticity, officer should

__arrest actor if criteria of NJ Domestic Violence Act has been committed, and/or __explain to victim procedures to obtain order in NJ

12. Enforcing Out-of-State Restraining or Protective Orders Non-Emergency Situations

‘ Where no immediate need for police action, officer should refer victim to appropriate court so victim may seek relief in accordance with out-of-state court order

13. Violations of Federal Law

‘ Officer should determine if defendant violated federal law in committing act of domestic violence

‘ Interstate Domestic Violence __Did defendant cross state line or enter or leave Tribal Lands to commit domestic violence with intent to injure, harass, or intimidate that person’s spouse or intimate partner, and, who, in the course of or as a result of such travel, intentionally committed a crime of violence and caused bodily injury to such spouse or intimate partner __Did defendant cause spouse or intimate partner to cross state lines or enter or leave tribal lands to commit any of above offenses?

‘ Interstate violation of Court Order __Did defendant cross state line or enter or leave tribal land with intent to violate domestic violence restraining or protective order __Did defendant cause another to cross state lines or to enter or leave triabal land by force, coercion, duress or fraud and in course or as result of such conduct, intentionally commit act that injures person’s spouse or intimate partner in violation of court order

‘ NOTE: If officer concludes that federal law was violated, officer must contact designated assistant county prosecutor in accordance with departmental procedure.