4.4 ACCESS IN SPECIAL CIRCUMSTANCES IN DV CASES

4.4 ACCESS IN SPECIAL CIRCUMSTANCES IN DV CASES

4.4.1 Victims shall personally appear during regular court hours. A procedure shall be

implemented by the Family Division Manager to allow victims to obtain emergent

relief through telephonic contact with a judge pursuant to Rule 5:7A where a victim

is unable to personally appear. Telephonic testimony may be permitted at the TRO

or FRO hearing in the discretion of the court.

4.4.2 If a victim is physically or mentally incapable of filing personally, a judge may issue

a temporary restraining order requested by a person who represents the applicant

provided the judge is satisfied that (1) exigent circumstances exist to excuse the

failure of the applicant to appear personally and (2) that sufficient grounds for

granting the application have been shown.

4.4.3 The Family Division shall be prepared to accept domestic violence complaints until

at least 3:30 PM during days when the Superior Court is in session. The regular

business hours of the Domestic Violence Unit or other office accepting domestic

violence complaints shall be clearly posted and disseminated to all Municipal Courts

and law enforcement personnel in the vicinage. See sections 2.2.2 and 2.2.3.

4.4.4 There are occasions when a person seeking to file a domestic violence

Complaint/TRO arrives too late in the day for it to be processed and heard during

regular court hours. During the interim period between the Domestic Violence Unit’s

close of business and when the courthouse actually closes, victims shall not be turned

away. Each county shall develop a procedure in such instances for either in-person

or telephonic communication under Rule 5:7A between the victim and an on-site or

emergent duty judge, so that the request for emergent relief can be handled without

the necessity of the victim having to go to the local police station or the Municipal

Court.

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4.4.5 On weekends, holidays or during those hours when the Superior Court is not in

session, a victim should be referred to local law enforcement officials, so that her/his

Complaint/TRO can be processed by a law enforcement officer and heard by a

Municipal Court judge.