A. INTRODUCTION - DOMESTIC VIOLENCE STANDARDS nj

A. INTRODUCTION - DOMESTIC VIOLENCE STANDARDS

Domestic violence, a serious crime against society, must be affirmatively addressed by both law enforcement and the courts so that the victims and society are protected.

Prescribed procedures are necessary so that both law enforcement officers and the courts can promptly and effectively respond to domestic violence cases.

Because of the diversity of police resources in this State, county prosecutors, who are the chief law enforcement officers of their counties, should be responsible for procedures used in all the law enforcement agencies of their counties.

To promote uniformity in police response statewide, the county response procedure should conform to the format of the attached Standard.

The General Guidelines on Police Response in Domestic Violence Cases, promulgated by the Attorney General on April 12, 1988 have been expanded and revised. The revised Guidelines have been incorporated into this Standard.

The response procedures to be developed by county prosecutors for law enforcement officers should then be included in this Domestic Violence Procedures Manual. The Manual was jointly developed by the Administrative Office of the Courts and a committee of law enforcement officials convened by the Attorney General.

The Manual is intended to secure appropriate responses to domestic violence in this State. The unique unified approach will assure prompt assistance to the victims of domestic violence and demonstrate New Jersey’s resolve that violent behavior will not be tolerated in public or in private.

Any questions regarding law enforcement procedures should be directed to the Division of Criminal Justice, Prosecutors Supervision and Coordination Bureau, Justice Complex, Trenton.

III - 1THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

PERFORMANCE STANDARDS

GOAL: The goal of this standard is to establish procedures for the proper and consistent handling of domestic violence incidents. The procedures will be established by the county prosecutor or by municipal law enforcement agencies as needed. Exceptions will be made for municipal law enforcement agencies as approved by the county prosecutor.

DOMESTIC VIOLENCE

3.1 DOMESTIC VIOLENCE POLICY AND PROCEDURES

The agency shall adopt specific procedures for the handling of domestic violence and codify these procedures through policy.

3.1.1 The agency shall develop and implement written policy governing the handling of domestic violence incidents.

3.1.2 The agency shall develop and implement specific procedures for:

A. Response to domestic violence incidents;

B. Receipt and processing of domestic violence complaints and restraining orders;

C. Domestic violence arrests; D. Weapons relating to domestic violence complaints and restraining orders; E. Reporting of domestic violence incidents; F. Training of officers in response to domestic violence incidents.

3.1.3 The agency shall clearly define and explain all relevant terms used in its domestic violence policy, including but not limited to:

A. Domestic violence;

B. Victim of domestic violence.

3.1.4 The agency shall insure that its domestic violence policy and procedures are in compliance with United States Constitution, New Jersey Constitution and statutes, court decisions, and Attorney General and county prosecutor directives and guidelines.

3.2 RESPONSE TO DOMESTIC VIOLENCE INCIDENTS

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THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

The agency shall have clear policy and procedures on the response to domestic violence incidents realizing the importance and potential for additional violence of such incidents.

3.2.1 3.2.2 3.2.3 3.2.4

3.2.5

The agency shall insure that all allegations of domestic violence are responded to promptly and investigated thoroughly.

The agency shall insure that the safety of the victim and all individuals at the scene of domestic violence, including the officers, is of primary concern.

The agency shall insure that victims are notified of their domestic violence rights as required by statute.

The agency shall insure that all officers who respond to domestic violence incidents shall have available current and accurate information for referrals to appropriate social service agencies.

The agency shall establish or participate in an established domestic violence crisis team.

3.3 RECEIPT AND PROCESSING OF DOMESTIC VIOLENCE COMPLAINTS

When domestic violence incidents generate criminal or civil domestic violence complaints, or both, the processing of those complaints shall be explicitly defined.

3.3.1 3.3.2

3.3.3

3.3.4

The agency shall specify the procedure to be followed in filing of criminal charges stemming from domestic violence incidents.

The agency shall specify the procedure to be followed in accepting and processing domestic violence complaints at times when the Superior Court, Family Division, is open.

The agency shall specify the procedure to be followed in accepting and processing domestic violence complaints at times when the Superior Court, Family Division, is closed but the Municipal Court is open.

The agency shall specify the procedure to be followed in accepting and processing domestic violence complaints at times when the Superior Court, Family Division and the Municipal Court are closed.

3.4 DOMESTIC VIOLENCE ARRESTS. The agency shall delineate, in accordance with United States Constitution, New Jersey Constitution and statutes, court decisions, and Attorney General and county prosecutor directives and guidelines, those domestic violence incidents in which the arrest of the actor is mandatory.

3.4.1 The agency shall specify those domestic violence incidents which require mandatory arrests:

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THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

3.4.2 3.4.3 3.4.4

3.4.5

A. Act involving signs of injury;

B. Violation of a restraining order;

C. A warrant is in effect;

D. There is probable cause to believe a weapon was involved in the act of domestic violence.

The agency shall specify those domestic violence incidents in which arrest is discretionary.

The agency shall clearly delineate the procedure to be followed in cases involving violation of an existing restraining order.

The agency shall specify the procedure to be followed in processing an arrest for domestic violence, including:

A.

B.

C.

D.

Signing of complaint; Fingerprinting; Photographing; Bail.

The agency shall specify the procedure to be followed when a charge of domestic

violence is filed against a law enforcement officer.