SUPERIOR COURT, FAMILY DIVISION PROCESSING OF DV CASES

SUPERIOR COURT, FAMILY DIVISION PROCESSING OF DV CASES

During court hours for Domestic Violence matters (Monday through Friday, 8:30 AM to at

least 3:30 PM), a victim of domestic violence will be referred to the Superior Court, Family

Division to sign a domestic violence complaint. When a criminal complaint is also signed, it

is to be processed separately for investigation and prosecution through the

Criminal/Municipal Courts.

4.3 TAKING A COMPLAINT IN SUPERIOR COURT, FAMILY DIVISION

4.3.1 When a victim arrives, the victim should be directed to the Domestic Violence Unit.

A victim shall be given a Victim Information Sheet (VIS) to complete (See Appendix

1). At this time, the victim should be fully informed about her/his right to file a

criminal complaint, a domestic violence complaint, or both types of complaints. The

victim should be told about the differences between the two proceedings and about

the relief available under each. The victim can then make an informed decision based

on her/his own needs and a clear understanding of the options available.

4.3.2 The victim should be assisted and accompanied by a victim advocate whenever

possible. A victim advocate should be available to speak with all victims or potential

victims at all stages of the court process. The victim advocate should be given as

much support as possible (e.g. space for interviewing, immediate referrals), as well

as access (with the victim) to the courtroom. The victim advocate should be advised

when every initial intake or application for dismissal is presented to offer assistance

to the victim at this early stage in the process. When a victim advocate is not

available, courts, police, prosecutors and law enforcement should have contact names

and numbers readily available to give to all victims, preferably in the form of a card

or pamphlet.

4.3.3 A domestic violence staff person shall interview the victim in a private area and

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advise and inform the victim of rights, options and appropriate referrals.

4.3.4 Based upon the information provided by the victim on the VIS, the staff person will

search FACTS for both parties’ history and case history. The case is established and

docketed on FACTS, where appropriate, which results in the production of the

Complaint/TRO. The party case history should be made part of the court’s file. If it

is determined while searching FACTS that plaintiff has an active restraining order

against defendant or that taking a complaint is inappropriate for any other reason, the

complaint should not be docketed.

4.3.5 Staff should be certain that the victim’s allegations are fully set forth in the body of

the domestic violence complaint, as well as any prior history or acts of domestic

violence, whether or not reported.

4.3.6 The determination of whether the incident constitutes domestic violence is a legal

issue to be determined by a judge or Domestic Violence Hearing Officer (DVHO). A

victim should rarely be turned away. Legal sufficiency or jurisdiction, applicability

of definitions such as “household member” or “dating relationship,” or the

appropriateness of using the domestic violence process to address a particular

problem are all decisions for a judge or DVHO. Screening by staff should be

concentrated on information gathering, and only those cases that clearly fall outside

the scope of the law should be rejected at the staff level. In these situations, the

rejection of a complaint by staff should be reviewed by a supervisor who should

ensure that appropriate alternate remedies are explained to the victim.

4.3.7 When available and in appropriate cases, a victim can choose to have their complaint

heard by a DVHO. Proceedings before a DVHO shall be in accordance with the

approved DVHO Standards (See Appendix 3). Those cases that are not heard by a

DVHO shall be brought to a judge.

4.3.8 When a TRO is not recommended by the DVHO, the DVHO must advise the

plaintiff of his/her option to see a judge for a hearing de novo, in accordance with the

DVHO Standards.

4.3.9 The judge or DVHO must follow Section 5.10 regarding weapons if there is any

allegation that the defendant owns or has access to a weapon(s), a firearms

identification card or permit to purchase a handgun.

4.3.10 When an applicant seeks a TRO, she or he must be asked if he or she wishes to

request ongoing child support at the FRO hearing. If he or she wishes to pursue this

relief, Intake must provide the applicant with a IV-D application to be completed

during the intake process. Parts E–H should be placed in the court file. Parts A-C

should be provided to the Plaintiff as reference information.

4.3.11 The appropriate reliefs should be added to FACTS (i.e., paternity and/or child

support.) If paternity has not been previously established for the child(ren), a request

to establish paternity at the final hearing must be entered on line 13 of the TRO.

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Paternity need not be established if the parties are married or if a legal determination

of paternity has been made previously. If a Certificate of Paternity has been signed,

this can be indicated on the TRO and a copy maintained in the file.

4.3.12 When a child support obligation is established, the information regarding paternity

and the monetary amount must be entered on both the FRO and the Uniform

Summary Support Order (USSO, Appendix 31). Paternity determination is required

to be recorded on the FRO at line 1 of Part 2 relief and on the appropriate check-off

boxes on the USSO.

4.3.13 When a defendant comes to the Intake Office, FACTS should be searched to

determine if service of the FRO and the USSO has been accomplished. If these

orders have not been served on defendant, service shall be documented by requesting

the defendant to sign the orders or court staff may initial the orders with the current

date indicating that the defendant received the orders. Service by a law enforcement

officer is documented by signature on the FRO.