SERVICE OF TEMPORARY RESTRAINING ORDER NJ

SERVICE OF TEMPORARY RESTRAINING ORDER NJ

3.14.1 When the victim obtains a restraining order but the defendant had not been arrested by police and is present at the scene, the officer should:

A. Escort the victim to his or her home.

B. Read the conditions of the court order to the defendant if the defendant is present.

C. Order the defendant to vacate the premises, where that is part of the Order.

D. Give the defendant a reasonable period of time to gather personal belongings, unless the court order includes specific limits on time or duration. N.J.S.A. 2C:25-28k. The officer shall remain with the defendant as he or she gathers personal belongings pursuant to the terms of the temporary restraining order

E. Arrest the defendant if required by the TRO or if defendant refuses to comply with the order.

3.14.2 Where a TRO had been issued but was not served upon the defendant because the defendant could not then be located but the defendant is now at the scene, police should follow Paragraphs 3.14.1 A-E.

3.14.3 Whenatemporaryorfinalrestrainingorderisissuedthatrequiresserviceoutsidethe issuing county,

A. The restraining order, along with the complaint and any other relevant documents (e.g. search warrant, etc.) must immediately be brought or transmitted by facsimile to the sheriff’s department in the issuing county.

1. The sheriff’s department in the issuing county must similarly bring or transmit by facsimile the order and related documents to the sheriff’s

III - 12THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

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department in the county of the defendant’s residence or business.

2. The sheriff’s department in the receiving county, pursuant to local policy, will either

a. Execute service on the defendant or

b. Immediately bring or transmit by facsimile the order and related documents to the police department in the municipality in which the defendant resides or works so that it can execute service accordingly.

3. The return of service should then be transmitted by facsimile back to the sheriff’s department in the issuing county, which in turn must immediately deliver or transmitted by facsimile the return of service to the Family Division in the issuing county.

B. When the service of a restraining order results in the seizure of weapons;

1. The weapons inventory should be attached to the return of service that is brought or transmitted by facsimile back to the issuing county.

2. The weapons themselves, along with any licenses, I.D. cards, or other paperwork or documentation shall be secured by the prosecutor in the seizing county for storage. At such time that the seized property is needed by the prosecutor or Family Division in the issuing county, the prosecutor in the seizing county shall forward same.

C. Once service on the defendant is attempted, successfully or unsuccessfully, the return of service portion of the TRO must be filled out by the police or sheriff’s department and immediately returned to the Family Division prior to the scheduled final hearing date.