3.8 MANDATORY ARREST dv nj

3.8 MANDATORY ARREST dv nj

3.8.1 A police officer must arrest and take into custody a domestic violence suspect and

must sign the criminal complaint against that person if there exists probable cause to

believe an act of domestic violence has occurred and

3.8.2 The victim exhibits signs of injury caused by an act of domestic violence. N.J.S.A.

2C:25-21a(1).

A. The word, “exhibits,” is to be liberally construed to mean any indication that

a victim has suffered bodily injury, which shall include physical pain or

impairment of physical condition. Probable cause to arrest also may be

established when the police officer observes manifestations of an internal

injury suffered by the victim. N.J.S.A. 2C:25-21c(1)

B. Where the victim exhibits no visible sign of injury, but states that an injury

has occurred, the officer should consider other relevant factors in

determining whether there is probable cause to make an arrest. N.J.S.A.

2C:25-21c(1)

C. In determining which party in a domestic violence incident is the victim

where both parties exhibit signs of injury, the officer should consider:

1. The comparative extent of injuries suffered;

2. The history of domestic violence between the parties, if any;

3. The presence of wounds associated with defense, or considered

defensive wounds; or

4. Other relevant factors, including checking the DV Central Registry.

N.J.S.A. 2C:25-21c(2).

5. NOTE: The investigating officer must insure that “[n]o victim shall

be denied relief or arrested or charged under this act with an offense

because the victim used reasonable force in self-defense against

domestic violence by an attacker.” N.J.S.A. 2C:25-21c(3).

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

D. If the officer arrests both parties, when each exhibit signs of injury, the

officer should explain in the incident report the basis for the officer’s action

and the probable cause to substantiate the charges against each party.

E. Police shall follow standard procedures in rendering or summoning

emergency treatment for the victim, if required.

3.8.3 There is probable cause to believe that the terms of a TRO have been violated. If the

victim does not have a copy of the restraining order, the officer may verify the

existence of an order with the appropriate law enforcement agency. The officer

should check the DVCR. N.J.S.A. 2C:25-21(a)(3)

3.8.4 A warrant is in effect. N.J.S.A. 2C:25-21a(2)

3.8.5 There is probable cause to believe that a weapon as defined in N.J.S.A. 2C:39-1r has

been involved in the commission of an act of domestic violence. N.J.S.A. 25-21a(4)

3.9. DISCRETIONARY ARREST

3.9.1 A police officer may arrest a person or may sign a criminal complaint against that

person, or may do both, where there is probable cause to believe that an act of

domestic violence has been committed but none of the conditions in Section. 3.8

above applies. N.J.S.A. 2C:25-21b

In any situation when domestic violence may be an issue, but there’s no probable

cause for arrest and the victim does not wish to file a TRO, the police officers must

give and explain to the victim the domestic violence notice of rights as contained in

the Victim Notification Form. N.J.S.A. 2C:25-23