WHERE TO FILE A CRIMINAL COMPLAINT WITH AN ACCOMPANYING TRO APPLICATION AND COMPLAINT NJ

WHERE TO FILE A CRIMINAL COMPLAINT WITH AN ACCOMPANYING TRO APPLICATION AND COMPLAINT NJ

2.2.3

Superior Court, provided the victim can arrive prior to 3:30 PM.

B. Where transportation of the victim to the Superior Court is not feasible, the officer should contact the Family Division, Domestic Violence Unit. There are occasions when a person seeking to file a domestic violence Complaint/TRO arrives too late in the day for it to be processed and heard during regular court hours. During the interim period between the Domestic Violence Unit’s close of business and when the courthouse actually closes, victims shall not be turned away. Each county shall develop a procedure in such instances for either in-person or telephonic communication under Rule 5:7A between the victim and an on-site or emergent duty judge, so that the request for emergent relief can be handled without the necessity of the victim having to go to the local police station or the Municipal Court. (See section 4.4)

On weekends, holidays and weekdays after 3:30 PM and other times when the Superior Court is closed,

A. A victim may sign the domestic violence complaint with a law enforcement agency as set forth in 2.2.1.

B. The victim’s complaint shall be processed promptly. Under no circumstances should the victim be advised to appear in the Superior Court, Family Division the next business day in order to apply for a TRO.

C. If a TRO is denied by a Municipal Court judge, the denial and the Complaint/TRO must still be faxed or forwarded to the Family Division within 24 hours for an administrative dismissal. A victim whose Complaint/TRO has been dismissed in this manner is not barred from refiling in the Family Division based on the same incident and receiving an emergency ex parte hearing de novo. Every denial of relief by a Municipal Court judge must so state, with specificity in the “Comments” portion of the TRO and the victim must be advised of the right to refile with the Superior Court, Family Division.

2.3.1

When a victim is seeking a TRO, a companion criminal complaint may also be signed against the defendant in one of the following locations:

A. Where the alleged act of domestic violence occurred, or B. Where the defendant resides, or C. Where the victim resides, or

II - 22.3.2

2.3.3 2.3.4

D. Where the victim is sheltered or temporarily staying.

The out-of-jurisdiction complaint (i.e., one taken not where the incident occurred) should be prepared on a blank CDR and the court accepting the complaint for filing shall have the authority to issue process and set bail as if the alleged offense had occurred in that jurisdiction. A “blank” CDR is one without the court’s name or municipality code in the caption.

The companion criminal complaint shall be forwarded to the jurisdiction where the offense is alleged to have occurred for investigation and prosecution.

A criminal complaint does not preclude the victim from filing a domestic violence complaint and seeking a TRO. A person may also file criminal charges without seeking a TRO.

2.4 WHERE TO FILE A CRIMINAL COMPLAINT WHEN THERE IS NO ACCOMPANYING COMPLAINT/TRO

2.4.1 2.4.2

The victim may file a criminal complaint with the Municipal Court or police department where the alleged act occurred. See also Section 3.11.4.

If the police officer believes that no-contact provisions should be issued as a condition of bail, the officer should inform the court of the circumstances justifying such request when the criminal complaint is being processed and bail is about to be set. This section shall be checked off on the appropriate form (the bail recognizance form). The officer should include in the domestic violence offense report the reasons for the request and the court’s disposition of the request. This order must be in writing and given to the victim consistent with N.J.S.A. 2C:25-26.