WHERE, WHEN AND HOW DOMESTIC VIOLENCE COMPLAINTS ARE TO BE FILED

WHERE, WHEN AND HOW DOMESTIC VIOLENCE COMPLAINTS ARE TO BE

FILED

2.1.1 A victim of domestic violence must have access to the courts at all times. Law

enforcement, Municipal and Superior Court staff must be advised that victims should

never be turned away because of the inconvenience of arranging off-hours

emergency relief.

2.1.2 A law enforcement officer responding to a domestic violence call must provide the

victim with assistance to file either a criminal or civil Complaint/TRO or both. Under

no circumstances should an officer prevent or discourage a victim from seeking

immediate temporary relief merely because the domestic violence occurs after

regular business hours.

2.1.3 Special Provisions for persons under 18 years of age:

A. A victim may be below the age of 18, may sign the Complaint/TRO and does

not need the consent of a parent or guardian to file or withdraw a complaint

or to request a modification of an existing order.

B. The domestic violence defendant must be over the age of 18 or emancipated

at the time of the offense. (See emancipated minor definition, Section 1.8, for

criteria in determining whether a person is emancipated.)

C. A person under 18 years of age and not emancipated who commits an act of

violence may not be a defendant in a civil domestic violence case but can be

charged with specific acts of domestic violence (e.g., assault) under the Code

of Juvenile Justice. The entry of pre or post-dispositional restraints can also

be considered for use in the juvenile delinquency case.

Source: DOMESTIC VIOLENCE PROCEDURES MANUAL

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