3.11 DOMESTIC VIOLENCE COMPLAINT PROCESS DEFINITIONS dv nj

3.11 DOMESTIC VIOLENCE COMPLAINT PROCESS

DEFINITIONS USED IN THIS SECTION

A. Domestic Violence Civil Complaint means the multi page application and

temporary restraining order issued by the Superior or Municipal Court. See

Section 1.6. Referred to as TRO/Complaint.

B. Criminal Complaint refers to the criminal charges placed on a CDR-1

(summons) or CDR-2 (warrant). See Section 1.2.

3.11.1 Notice. When a police officer responds to a call of a domestic violence incident, the

officer must give and explain to the victim the domestic violence notice of rights

which advises the victim of available court action, N.J.S.A. 2C:25-23. The victim

may file:

A. A Complaint/TRO alleging the defendant committed an act of domestic

violence and asking for court assistance to prevent its recurrence by asking

for a temporary restraining court order (TRO) or other relief;

B. A criminal complaint alleging the defendant committed a criminal act. See

Section, 3.8 Mandatory Arrest above as to when a police officer must sign

the criminal complaint (CDR-1 (summons) or CDR-2 (warrant).); or

C. Both of the above.

3.11.2 Jurisdiction for filing domestic violence Complaint/TRO by the victim. N.J.S.A.

2C:25-28 -

A. During regular court hours,

1. The victim should be transported or directed to the Family Division

of Superior Court. See Section 4.2.

2. Where transportation of the victim to the Superior Court is not

feasible, the officer should contact the designated court by telephone

for an emergent temporary restraining order in accordance with

established procedure.

B. On weekends, holidays and other times when the court is closed,

1. The victim may file the domestic violence complaint with the police

and request a TRO from a Municipal Court Judge specifically

assigned to accept these complaints. N.J.S.A. 2C:25-28a.

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

C. The victim may file a domestic violence complaint . N.J.S.A. 2C:25-28a:

1. Where the alleged act of domestic violence occurred,

2. Where the defendant resides, or

3. Where the victim resides or is sheltered.

3.11.3. Jurisdiction for filing criminal complaint (CDR-1 or CDR-2) by the victim in

connection with filing domestic violence complaint.

A. A criminal complaint may be filed against the defendant in locations

indicated in Paragraph 3.11.2 C above.

B. A criminal complaint filed pursuant to Paragraph 3.11.2 A above shall be

investigated and prosecuted in the jurisdiction where the offense is alleged to

have occurred.

3.11.4 Jurisdiction for filing a criminal complaint but no accompanying domestic violence

complaint.

A. The victim may file a criminal complaint as stated in section 3.11.2C above.

B. If the criminal complaint is filed in a jurisdiction other than where the offense

occurred, the law enforcement agency shall take appropriate photographs and

statement of the victim and shall immediately contact the law enforcement

agency where the offense occurred and shall immediately transmit by

facsimile or by hand delivery those documents to the law enforcement agency

where the offense occurred. That law enforcement agency shall prepare the

appropriate criminal complaint and present the complaint to a judicial officer

for appropriate action. Where a victim has exhibited signs of physical injury,

the agency receiving the documentation shall arrest the suspect in accordance

with existing domestic violence procedure.

C. If the police officer believes that a no-contact order 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. The officer should include in the domestic violence

offense report the reasons for the request and the court’s disposition of the

request.

D. If the officer believes that weapons should be seized, the officer should

inform the court of the circumstances justifying such request that as a

condition of bail, the defendant’s weapons must be surrendered to the police

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

for safe-keeping. All weapons seized must be safely secured or turned over

to the county prosecutor.