3.4 DOMESTIC VIOLENCE ARRESTS.

3.4 DOMESTIC VIOLENCE ARRESTS.

The agency shall delineate, in accordance with United States Constitution, New Jersey

Constitution and statutes, court decisions, and Attorney General and county prosecutor

directives and guidelines, those domestic violence incidents in which the arrest of the actor is

mandatory.

3.4.1 The agency shall specify those domestic violence incidents which require mandatory

arrests:

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

A. Act involving signs of injury;

B. Violation of a restraining order;

C. A warrant is in effect;

D. There is probable cause to believe a weapon was involved in the act of

domestic violence.

3.4.2 The agency shall specify those domestic violence incidents in which arrest is

discretionary.

3.4.3 The agency shall clearly delineate the procedure to be followed in cases involving

violation of an existing restraining order.

3.4.4 The agency shall specify the procedure to be followed in processing an arrest for

domestic violence, including:

A. Signing of complaint;

B. Fingerprinting;

C. Photographing;

D. Bail.

3.4.5 The agency shall specify the procedure to be followed when a charge of domestic

violence is filed against a law enforcement officer.

3.5 WEAPONS RELATING TO DOMESTIC VIOLENCE INCIDENTS

The agency shall identify the procedures to be followed by officers when weapons are

involved in domestic violence incidents, in accordance with United States Constitution, New

Jersey Constitution and statutes, court decisions, and Attorney General and county

prosecutor directives and guidelines, and accepted police practice.

3.5.1 The agency shall specify the procedures to be followed by investigating officers

when:

A. Weapon(s) are used or threatened to be used in the domestic violence

incident;

B. Weapon(s) are not used in the domestic violence incident but are in plain

view to the officer;

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

C. Weapon(s) are not used in the domestic violence incident, are not in plain

view to the officer, but the officer has reason to believe that weapon(s) are

present in the household.

3.6 REPORTING OF DOMESTIC VIOLENCE INCIDENTS

The agency shall fully document all complaints of and responses to domestic violence

incidents.

3.6.1 The agency shall insure that all domestic violence incidents are fully recorded and

documented within the departmental reporting system.

3.6.2 The agency shall insure that all domestic violence incidents are reported in

accordance with state statute. This includes, but is not limited to, completion and

submission of the UCR DV#l form or its electronic data equivalent.

3.7 TRAINING

The agency shall train its officers in the handling of domestic violence incidents as a matter

of policy and procedure, and also from the standpoint of proper police protocol.

3.7.1 The agency shall provide for the training of all officers in the appropriate handling,

investigation and response procedures concerning reports of domestic violence.

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

B. GUIDELINES ON POLICE RESPONSE PROCEDURES IN DOMESTIC VIOLENCE

CASES

Introduction These general guidelines consolidate the police response procedures for domestic

violence cases, including abuse and neglect of the elderly and disabled, based on

State law, Court Rules, and prior editions of the Domestic Violence Procedures

Manual which was jointly prepared by the New Jersey Supreme Court and the

Attorney General through the Division of Criminal Justice.