DOMESTIC VIOLENCE PROCEDURES MANUAL TABLE OF CONTENTS nj

The New Jersey Domestic Violence Procedures Manual is intended to provide procedural and operational guidance for two groups with responsibility for handling domestic violence complaints in the state of New Jersey – judges and Judiciary staff and law enforcement personnel. The bulk of the Manual (i.e., all except Section III and associated appendices) sets forth procedures to guide Judiciary staff in the management of cases within their area of responsibility. Section III and its associated appendices provide guidance to law enforcement personnel. The procedures for law enforcement and the Judiciary are presented in a single volume in order to provide for both groups a seamless description of the management of domestic violence cases from initiation to conclusion.

The Judiciary portion of the Manual was prepared by the Conference of Family Presiding Judges, working with the Conference of Family Division Managers and the Family Practice Division of the Administrative Office of the Courts (AOC) with input from judges and staff of the Municipal and Criminal Divisions as well as the Supreme Court State Domestic Violence Working Group. It is intended to embody the policies and procedures adopted by the New Jersey Supreme Court, the Judicial Council and the Administrative Director of the Courts, but does not itself establish case management policy. It has been approved by the Judicial Council, on the recommendation of the Conference of Family Presiding Judges, in order to promote uniform case management statewide. As such, court staff is required to adhere to its provisions.

While the Judiciary portion of the Manual reflects court policies existing as of the date of its preparation, in the event there is a conflict between the Manual and any statement of policy issued by the Supreme Court, the Judicial Council or the Administrative Director of the Courts, that statement of policy, rather than the Manual, will be controlling. Other than in that circumstance however, the Judiciary portion of this Manual is binding on court staff. This Manual is not intended to change any statute or court rule, and in the event a statute or court rule differs from this manual, the statute or rule will control.

Section III, the Law Enforcement portion of the Manual, and its associated appendices were prepared by the Department of Law and Public Safety, Division of Criminal Justice and are intended to provide procedural and operational guidelines for the New Jersey law enforcement community. This material is specifically intended for law enforcement use. While its inclusion in this Manual provides useful information to judges and court staff as well, it is not binding on them. The law enforcement section has not been reviewed or endorsed by the Judiciary.

iIntroduction Section I – Section II –

2.1 2.2 2.3

2.4

Section III –

A. 3.1 3.2 3.3 3.4 3.5 3.6 3.7 B. 3.8 3.9 3.10

DOMESTIC VIOLENCE PROCEDURES MANUAL TABLE OF CONTENTS

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Definitions

Initial Procedures

Where, When and How Domestic Violence Complaints Are To Be Filed

Application for a Temporary Restraining Order (TRO)

http://www.judiciary.state.nj.us/family/dvprcman.pdf

Where to File a Criminal Complaint with an Accompanying TRO Application and Complaint

Where to File a Criminal Complaint When There Is No Accompanying Complaint/TRO

Law Enforcement

Introduction -- Domestic Violence Performance Standards Domestic Violence Policy and Procedures Response to Domestic Violence Incidents Receipt and Processing of Domestic Violence Complaints Domestic Violence Arrests

Weapons Relating to Domestic Violence Incidents Reporting of Domestic Violence Incidents Training Guidelines on Police Response Procedures in Domestic Violence Cases Mandatory Arrest

Discretionary Arrest Seizure of Weapons

ii

3.11 3.12 3.13 3.14 3.15 3.16 3.17

Section IV –

4.1 4.2 4.3

4.4

4.5

4.6

4.7

4.8

4.9

4.10 4.11

4.12 4.13 4.14 4.15

Domestic Violence Complaint Process Procedure for Filing Reports Temporary Restraining Court Orders Service of Temporary Restraining Order Court Order Violations

Criminal Offenses Against the Elderly and Disabled

Guidelines on Prosecutorial Procedure Regarding Weapons Seized in Domestic Violence Cases

Court Procedures

Municipal Court Procedure Superior Court, Family Division Processing Taking a Complaint in Superior Court, Family Division

Access in Special Circumstances

Initial/Emergent Hearing

Procedures for Service of Complaint/TRO/FRO

Service Out of County

Appeals of Ex Parte Orders

Procedures for Final Hearings

Appearance by Both Parties Transfer of Matters Between Counties

Final Hearing Dispositions Remedies Available Under the Act Civil Penalty

iii

4.16 4.17 4.18 4.19

Section V –

5.1 5.2 5.3 5.4 5.5 5.6 5.7

5.8

5.9 5.10 5.11 5.12

Section VI –

6.1 6.2 6.3 6.4

Fingerprinting and Processing After an FRO Has Been Entered Service of FRO Requests for Dismissal or Reopening Weapons

Weapons in General

Mandatory Arrest

Seizure of Weapon for Safekeeping

Seizure of Weapons Pursuant to Court Order

Seizure of Weapons Used in Commission of a Criminal Offense

Seizure of Weapons Pursuant to N.J.S.A. 2C:25-21d

Seizure of Weapons Outside the County Where the Domestic Violence Restraining Order was Issued

Seizure of Weapons from Law Enforcement Officers Involved in a Domestic Violence Incident

Restrictions on Return of Firearms Warrant for the Search and Seizure of Weapons Notice to the Prosecutor Hearing Regarding Weapons Enforcement and Modification of Restraining Orders Enforcement and Modification Criminal Contempt Enforcement of Litigant’s Rights Proceeding Contempt in Superior Court, Family Division

iv

Section VII – Full Faith and Credit of Out of State Orders

7.1 Federal Statutory Overview 7.2 Protection Orders Covered by Section 2265 7.3 New Jersey Law and Procedure 7.4 Process 7.5 Outgoing Orders

Section VIII – Working Groups Appendix List