RESPONSE TO DOMESTIC VIOLENCE INCIDENTS

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 The agency shall insure that all allegations of domestic violence are responded to

promptly and investigated thoroughly.

3.2.2 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.

3.2.3 The agency shall insure that victims are notified of their domestic violence rights as

required by statute.

3.2.4 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.

3.2.5 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 The agency shall specify the procedure to be followed in filing of criminal charges

stemming from domestic violence incidents.

3.3.2 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.

3.3.3 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.

3.3.4 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.

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.

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

discretionary.

3.4.3 The agency shall clearly delineate the procedure to be followed in cases involving

violation of an existing restraining order.

3.4.4 The agency shall specify the procedure to be followed in processing an arrest for

domestic violence, including:

A. Signing of complaint;

B. Fingerprinting;

C. Photographing;

D. Bail.

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

violence is filed against a law enforcement officer.

Source: DOMESTIC VIOLENCE PROCEDURES MANUAL

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