Domestic Violence Procedures Manual ANNOUCEMENT OF AMENDED EDITION October 9, 2008 nj

Domestic Violence Procedures Manual ANNOUCEMENT OF AMENDED EDITION October 9, 2008

This announces an amended edition of the Domestic Violence Procedures Manual (“DVPM”). This amended edition replaces in its entirety the last revised edition of the DVPM promulgated in 2004 under the joint authority of the Supreme Court and the Attorney General. Prior hard copy editions of the DVPM are outdated and should be discarded.

This also announces that beginning with this amended edition, the method of publication will be exclusively Internet based. No hard copies of the DVPM will be distributed. The new DVPM can be found on the Infonet and on the Judiciary’s Internet Web site at http://www.njcourts.com/family/index.htm. Using the Internet as a medium of publication represents a significant step forward in the way this important information is made available to those who need it. Just four years ago, the Judiciary published the DVPM in hard copy. It was necessary to print and distribute more than 3,000 copies of the DVPM at that time. Relying on Internet publication saves time and money, and ensures that users will always have access to the most up-to-date version.

The current amendments to the DVPM relate almost exclusively to matters within the Judiciary’s purview resulting from new legislation, changes to court rules, new policy initiatives, and editorial corrections and clarifications1. The amendments were reviewed and endorsed by the Conferences of Family Presiding Judges and Family Division Managers.

Manual Sections (New or Amended)

 Sections 4.1.6 and 4.1.8 – amended to add information on the electronic Temporary Restraining Order (E-TRO) procedure by which domestic violence complaints and temporary restraining orders may be filed electronically. These amendments were made in accordance with statewide implementation of the E-TRO Project as described in the Administrative Director’s July 5, 2007 memorandum to Assignment Judges and Trial Court Administrators.

 Sections 4.3.10 to 4.3.13 (new) – Sets out the existing procedures for determining paternity and child support prior to issuance of a Final Restraining Order (FRO).

1 The Attorney General’s Office provided amended Appendices 5, 18 and 23. That is the extent of its involvement in these DVPM amendments.Domestic Violence Procedures Manual Announcement of Amended Edition October 9, 2008 Page 2 of 3

 Section 4.5.7 – amended to add a new paragraph setting out a uniform procedure for amending Temporary Restraining Orders.

 Section 4.11 – amended to bring text into conformity with Rule 5:7A, regarding transfers, as amended in 2005, and Directive #3-05 (Intercounty Child Support Case Management Policy).

 Section 4.14.9 – amended to add procedures from the Non-Dissolution Operations Manual, section 1104, for processing a domestic violence case when there is an existing non-dissolution case.

 Section 4.15.1 – amended to provide information about the surcharge imposed on domestic violence offenders pursuant to N.J.S.A. 2C:25-29.4.

 Section 4.17.3 – amended to add information regarding the Uniform Summary Support Order, R. 5:7-4 and Appendix XVI of the Rules of Court, which also has been added as Appendix 31 to the DVPM.

Appendices (New or Amended)

 Appendix 1, Confidential Victim Information Sheet – amended as directed by the Supreme Court, as promulgated by the Administrative Director’s June 11, 2008 memorandum to Assignment Judges and Trial Court Administrators.

 Appendix 2, Temporary Restraining Order and Instructions – amended to reflect that the name of the Victims of Crimes Compensation Board has been legislatively changed to the Victims of Crimes Compensation Agency.

 Appendix 3, Domestic Violence Hearing Officer Standards – amended to include the Backup Domestic Violence Hearing Officer Standards promulgated by Directive #2-06 as a Supplement to Directive #16-01.

 Appendix 6, Summary of Electronic TRO – see amendments to Sections 4.1.6 and 4.1.8 above. Amended to reflect the statewide expansion of the program in July 2007.

 Appendix 6A, Recording Complete Incident Description in FACTS – new appendix to provide instructions for capturing full incident description text in FACTS. Please note that this is a temporary solution pending modifications to the Judiciary’s automated system.

 Appendix 8, Appeal of Ex Parte Order – Application for Appeal and Order pursuant to the New Jersey Prevention of Domestic Violence Act, N.J.S.A. 2C:25-28i – amended to allow for the signature and printed name of either plaintiff or defendant on the Certification. The prior form only provided for defendant’s signature. This change was recommended by the Conference of

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Family Presiding Judges to accurately reflect the fact that both plaintiff and defendant have the right to appeal the Temporary Restraining Order.

 Appendix 9, Continuance Order – amended to delete the phrase,”The Temporary Restraining Order is further amended as follows.” The Continuance Order is not to be used for TRO amendments, which should be made in accordance with the procedures described in amended Section 4.5.7 (above).

 Appendix 10, Final Restraining Order – amended to show the correct court Seal.

 Appendix 14, Order of Dismissal – amended to clarify that if the Temporary or Final Restraining Order is dismissed, any criminal charges filed by either plaintiff or the police are not affected by the dismissal and shall remain pending until addressed separately in the appropriate court.

 Appendix 31, Uniform Summary Support Order, R. 5:7-4 and Appendix XVI of the Rules of Court – New appendix.

 Appendix 32, Address Confidentiality Statute, N.J.S.A. 47:4-2, et. seq. – New appendix.