4.1 MUNICIPAL COURT PROCEDURE FOR DOMESTIC VIOLENCE

4.1 MUNICIPAL COURT PROCEDURE FOR DOMESTIC VIOLENCE 

4.1.1 A Municipal Court judge hearing applications for temporary restraining orders shall:

A. Be available by telephone when the Superior Court is not in session and

when directed by the Vicinage Presiding Judge of the Municipal Court.

B. Speak directly with the applicant in person, or by telephone, radio or other

means of electronic communication per Rule 5:7A. Speaking only to the

police officer does not satisfy this rule.

C. Ensure that the police or staff fully sets forth the victim’s allegations of

domestic violence in the body of the domestic violence complaint, including

past history of domestic violence between the parties, whether reported or

unreported.

D. Comply with all of the provisions set forth below.

E. Confirm with the police officer assisting with the TRO whether or not they

are on a taped line. If not on a taped line, the judge must make detailed notes

of the victim’s testimony and the reasons for issuing the TRO and any

weapons seizure.

4.1.2 The judge upon ex parte application shall administer an oath to the applicant and

take testimony regarding:

A. The alleged domestic violence;

B The past history of domestic violence between the parties, whether reported

or unreported;

C. The reason the applicant’s life, health, or well-being is endangered;

D. Whether defendant possesses or has access to weapons, firearms or a

firearms identification card;

E. The judge shall state with specificity the reasons for and scope of any search

and seizure to be authorized by the Order (see weapons section).

4.1.3 The judge shall review all available information involving the parties; confirm that

the plaintiff has been informed about legal rights and options and available protective

services, including shelter services, safety plans, etc (see sample safety plan,

Appendix 26); explain to the plaintiff the domestic violence legal procedures;

establish a record, including findings of fact; amend the complaint to conform to the

testimony, where appropriate; inquire as to all relief requested by the applicant to

determine the appropriateness of same; and prepare a case specific TRO, where one

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is to be entered. The court should ensure that the victim has been offered the services

of the Domestic Violence Response Team.

4.1.4 The judge or law enforcement officer shall ensure that a tape recording or

stenographic record is made of the testimony; if neither is available, the judge shall

prepare adequate long-hand notes summarizing what has been said by the applicant,

police officer and any witnesses.

4.1.5 Where the Municipal Court judge determines that defendant possesses or has access

to weapons, firearms, a firearms identification card or purchaser permit, the judge

shall also comply with the weapons procedure Section V of this manual.

4.1.6 After hearing testimony from the victim, the judge shall issue or deny the TRO. If

the TRO is denied, the judge shall state the reasons. When a TRO is entered, a return

date for the Final Hearing is to be set within ten (10) days. Whether granted or

denied, the judge should check the appropriate box and sign the TRO or direct the

law enforcement officer to check the box and print the judge’s name on the order as

authorized by Rule 5:7A, or as authorized by E-TRO procedures (Appendix 6).

4.1.7 Contemporaneously, the judge shall issue a written Confirmatory Order (See

Appendix 7) and shall enter the exact time of issuance, as required by Rule 5:7A(b).

4.1.8 When a TRO is granted, copies of the Complaint/TRO shall be provided to:

A. The victim;

B. The law enforcement agency of the municipality in which the victim resides

or is sheltered;

C. The law enforcement agency that will serve the defendant with the

Complaint/TRO;

D. The Domestic Violence Unit of Superior Court. This copy should be faxed

immediately, or sent via electronic mail, where E-TRO procedures are in

place; and,

E. The Municipal Court judge.

4.1.9 When a TRO is denied, the plaintiff shall receive a copy of the Complaint/TRO but

the defendant shall not. It shall be forwarded to the Domestic Violence Unit of the

Family Division.

4.1.10 When the defendant is arrested for a crime or offense arising out of a domestic

violence situation, the Municipal Court judge or court administrator shall fix bail

when requested to do so pursuant to Rule 5:7A-1 and N.J.S.A. 2B:12-21a, except

when a Superior Court Judge must set bail pursuant to Rule 3:26-2(a).

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4.1.11 When the Superior Court is closed, the Municipal Courts must be accessible to

victims in need of emergent relief. Each Municipal Court shall ensure that there is

adequate backup coverage for domestic violence cases and other emergent matters

for each Municipal Court in that vicinage. The Court Administrator of each

Municipal Court in each vicinage should provide the police or other law enforcement

officers covering that municipality with a list of names and phone numbers (in order

of priority) to be contacted in domestic violence cases, starting with the sitting

Municipal Court judge, the back up judge, the Presiding Judge of the Municipal

Court (where applicable) and the emergent duty Superior Court judge.

4.1.12 Municipal Court Costs. Municipal Court costs shall not be imposed against a

plaintiff/complainant who seeks the dismissal of a disorderly or petty disorderly

complaint arising out of a domestic violence matter except if imposed pursuant to

N.J.S.A. 2B:12-24.