3.15 DV COURT ORDER VIOLATIONS

3.15 DV COURT ORDER VIOLATIONS

3.15.1. Where a police officer determines that a party has violated an existing restraining

order either by committing a new act of domestic violence or by violating the terms

of a court order, the officer must

A. Arrest and transport the defendant to the police station.

B. Sign a criminal contempt charge concerning the incident on a complaintwarrant

(CDR-2).

C. The officer should sign a criminal complaint for all related criminal offenses.

(The criminal charges should be listed on the same criminal complaint (CDRIII

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

2) form that contains the contempt charge.)

D. Telephone, communicate in person or by facsimile with the appropriate judge

or bail unit and request bail be set on the contempt charge. N.J.S.A. 2C:25-

31b.

1. During regular court hours, bail should be set by the emergent duty

Superior Court judge that day. N.J.S.A. 2C:25-31d.

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

should be set by the designated emergent duty Superior Court judge

except in those counties where a Municipal Court judge has been

authorized to set bail for non-indictable contempt charges by the

assignment judge.

3. When bail is set by a judge when the courts are closed, the officer

shall arrange to have the clerk of the Family Division notified on the

next working day of the new complaint, the amount of bail, the

defendant’s whereabouts and all other necessary details. N.J.S.A.

2C:25-25-31d.

4. If a Municipal Court judge sets the bail, the arresting officer shall

notify the clerk of that Municipal Court of this information. N.J.S.A.

2C:25-31d.

5. The DVCR must be checked prior to bail being set. N.J.S.A. 2C:25-

31a.

E. If the defendant is unable to post bail, take appropriate steps to have the

defendant incarcerated at police headquarters or the county jail. N.J.S.A.

2C:25-31c.

3.15.2 Where the officer deems there is no probable cause to arrest or sign a criminal

complaint against the defendant for a violation of a TRO, the officer must advise the

victim of the procedure for completing and signing a

A. Criminal complaint alleging a violation of the court order. N.J.S.A. 2C:25-32

1. During regular court hours, the officer should advise the victim that

the complaint must be filed with the Family Division of the Chancery

Division of Superior Court. N.J.S.A. 2C:25-32

2. On weekends, holidays and other hours when the court is closed.

a. The officer should transport or arrange for transportation to

have the victim taken to headquarters to sign the complaint;

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

b. The alleged offender shall be charged with contempt of a

domestic violence restraining court order, N.J.S.A. 2C:29-9;

c. The officer in charge shall check the DVCR prior to

contacting the on duty Superior Court Judge for a probable

cause determination for the issuance of the criminal

complaint. If the judge finds sufficient probable cause for the

charges, the officer must prepare a complaint-warrant (CDR-

2).

d. The officer in charge shall follow standard police procedure

in arranging to have a court set bail.

e. The officer who had determined that there was no probable

cause to arrest or sign a criminal complaint against the

defendant for a violation of a TRO must articulate in the

officer’s incident report the reasons for the officer’s

conclusions.

B. Civil complaint against the defendant for violations of a court order

pertaining to support or monetary compensation, custody, visitation or

counseling. The victim should be referred to the Family Division Domestic

Violence Unit to pursue enforcement of litigant’s rights.