3.13 TEMPORARY RESTRAINING COURT ORDERS nj

3.13 TEMPORARY RESTRAINING COURT ORDERS nj

3.13.1 When a victim requests a court order, the officer shall contact the designated judge by

telephone, radio or other means of electronic communication. The officer should:

A. Assist the victim in preparing the complaint and a statement to be made to

the judge.

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

B. Explain that the judge will place the person under oath and will ask questions

about the incident.

C. If the judge issues a temporary restraining order, the police officer will be

instructed to enter the judge’s authorization on a prescribed form.

D The officer also will be instructed to print the judge’s name on the temporary

restraining order.

E. The officer also will be instructed to serve the TRO upon the alleged

offender.

3.14 SERVICE OF TEMPORARY RESTRAINING ORDER

3.14.1 When the victim obtains a restraining order but the defendant had not been arrested

by police and is present at the scene, the officer should:

A. Escort the victim to his or her home.

B. Read the conditions of the court order to the defendant if the defendant is

present.

C. Order the defendant to vacate the premises, where that is part of the Order.

D. Give the defendant a reasonable period of time to gather personal belongings,

unless the court order includes specific limits on time or duration. N.J.S.A.

2C:25-28k. The officer shall remain with the defendant as he or she gathers

personal belongings pursuant to the terms of the temporary restraining order

E. Arrest the defendant if required by the TRO or if defendant refuses to comply

with the order.

3.14.2 Where a TRO had been issued but was not served upon the defendant because the

defendant could not then be located but the defendant is now at the scene, police

should follow Paragraphs 3.14.1 A-E.

3.14.3 When a temporary or final restraining order is issued that requires service outside the

issuing county,

A. The restraining order, along with the complaint and any other relevant

documents (e.g. search warrant, etc.) must immediately be brought or

transmitted by facsimile to the sheriff’s department in the issuing county.

1. The sheriff’s department in the issuing county must similarly bring or

transmit by facsimile the order and related documents to the sheriff’s

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

department in the county of the defendant’s residence or business.

2. The sheriff’s department in the receiving county, pursuant to local

policy, will either

a. Execute service on the defendant or

b. Immediately bring or transmit by facsimile the order and

related documents to the police department in the

municipality in which the defendant resides or works so that

it can execute service accordingly.

3. The return of service should then be transmitted by facsimile back to

the sheriff’s department in the issuing county, which in turn must

immediately deliver or transmitted by facsimile the return of service

to the Family Division in the issuing county.

B. When the service of a restraining order results in the seizure of weapons;

1. The weapons inventory should be attached to the return of service

that is brought or transmitted by facsimile back to the issuing county.

2. The weapons themselves, along with any licenses, I.D. cards, or other

paperwork or documentation shall be secured by the prosecutor in the

seizing county for storage. At such time that the seized property is

needed by the prosecutor or Family Division in the issuing county,

the prosecutor in the seizing county shall forward same.

C. Once service on the defendant is attempted, successfully or unsuccessfully,

the return of service portion of the TRO must be filled out by the police or

sheriff’s department and immediately returned to the Family Division prior to

the scheduled final hearing date.