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

WHERE TO FILE A CRIMINAL COMPLAINT WITH AN ACCOMPANYING TRO

APPLICATION AND COMPLAINT

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

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D. Where the victim is sheltered or temporarily staying.

2.3.2 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.

2.3.3 The companion criminal complaint shall be forwarded to the jurisdiction where the

offense is alleged to have occurred for investigation and prosecution.

2.3.4 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 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.

2.4.2 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.

SECTION III

LAW ENFORCEMENT

THIS SECTION PREPARED BY THE

DIVISION OF CRIMINAL JUSTICE

This section has not been reviewed or endorsed by the Judiciary.

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

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.

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THIS 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.

Source: DOMESTIC VIOLENCE PROCEDURES MANUAL

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