DOMESTIC VIOLENCE COMPLAINT PROCESS NJ

DOMESTIC VIOLENCE COMPLAINT PROCESS NJ

DEFINITIONS USED IN THIS SECTION

A. Domestic Violence Civil Complaint means the multi page application and temporary restraining order issued by the Superior or Municipal Court. See Section 1.6. Referred to as TRO/Complaint.

B. Criminal Complaint refers to the criminal charges placed on a CDR-1 (summons) or CDR-2 (warrant). See Section 1.2.

3.11.1 Notice. When a police officer responds to a call of a domestic violence incident, the officer must give and explain to the victim the domestic violence notice of rights which advises the victim of available court action, N.J.S.A. 2C:25-23. The victim may file:

A. A Complaint/TRO alleging the defendant committed an act of domestic violence and asking for court assistance to prevent its recurrence by asking for a temporary restraining court order (TRO) or other relief;

B. A criminal complaint alleging the defendant committed a criminal act. See Section, 3.8 Mandatory Arrest above as to when a police officer must sign the criminal complaint (CDR-1 (summons) or CDR-2 (warrant).); or

C. Both of the above.

3.11.2 Jurisdiction for filing domestic violence Complaint/TRO by the victim. N.J.S.A. 2C:25-28 -

A. During regular court hours,

1. The victim should be transported or directed to the Family Division of Superior Court. See Section 4.2.

2. Where transportation of the victim to the Superior Court is not feasible, the officer should contact the designated court by telephone for an emergent temporary restraining order in accordance with established procedure.

B. On weekends, holidays and other times when the court is closed,

1. The victim may file the domestic violence complaint with the police and request a TRO from a Municipal Court Judge specifically assigned to accept these complaints. N.J.S.A. 2C:25-28a.

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C. The victim may file a domestic violence complaint . N.J.S.A. 2C:25-28a:

1. 2. 3.

Where the alleged act of domestic violence occurred, Where the defendant resides, or Where the victim resides or is sheltered.

3.11.3. Jurisdiction for filing criminal complaint (CDR-1 or CDR-2) by the victim in connection with filing domestic violence complaint.

A. A criminal complaint may be filed against the defendant in locations indicated in Paragraph 3.11.2 C above.

B. A criminal complaint filed pursuant to Paragraph 3.11.2 A above shall be investigated and prosecuted in the jurisdiction where the offense is alleged to have occurred.

3.11.4 Jurisdictionforfilingacriminalcomplaintbutnoaccompanyingdomesticviolence complaint.

A. The victim may file a criminal complaint as stated in section 3.11.2C above.

B. If the criminal complaint is filed in a jurisdiction other than where the offense occurred, the law enforcement agency shall take appropriate photographs and statement of the victim and shall immediately contact the law enforcement agency where the offense occurred and shall immediately transmit by facsimile or by hand delivery those documents to the law enforcement agency where the offense occurred. That law enforcement agency shall prepare the appropriate criminal complaint and present the complaint to a judicial officer for appropriate action. Where a victim has exhibited signs of physical injury, the agency receiving the documentation shall arrest the suspect in accordance with existing domestic violence procedure.

C. If the police officer believes that a no-contact order should be issued, as a condition of bail, the officer should inform the court of the circumstances justifying such request when the criminal complaint is being processed and bail is about to be set. The officer should include in the domestic violence offense report the reasons for the request and the court’s disposition of the request.

D. If the officer believes that weapons should be seized, the officer should inform the court of the circumstances justifying such request that as a condition of bail, the defendant’s weapons must be surrendered to the police

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

for safe-keeping. All weapons seized must be safely secured or turned over to the county prosecutor.

3.11.5 Victim Notification Form [see appendix 5]

A When either a criminal or domestic violence complaint is signed, a Victim Notification Form is to be completed by the person assisting the victim, either the police officer or other appropriate staff.

B. The victim should be informed that, for the victim’s protection, the prosecutor or the court must have the ability to contact the victim on short notice to inform the victim about the defendant’s

1. Impending release from custody, or

2. Application to reduce bail. C. The victim should be provided with the telephone number of the

1. Victim Witness Unit of the Prosecutor’s Office when a criminal complaint or domestic violence contempt complaint is signed, or

2. Family Division Domestic Violence Unit when a domestic violence complaint is signed.

D. The victim should be instructed to contact the appropriate office to provide new telephone numbers if the victim changes telephone numbers from the numbers listed on the Victim Notification Form.

E. Whenever a defendant charged with a crime or an offense involving domestic violence is released from custody the prosecuting agency shall notify the victim immediately.

3.12. PROCEDURE FOR FILING REPORTS

3.12.1 A copy of the domestic violence offense report and Victim Notification Form must be attached to all criminal complaints and to the TRO when these documents are forwarded to the appropriate court. N.J.S.A. 2C:25-24a

3.13 TEMPORARY RESTRAINING COURT ORDERS

3.13.1 Whenavictimrequestsacourtorder,theofficershallcontactthedesignatedjudgeby telephone, radio or other means of electronic communication. The officer should:

A. Assist the victim in preparing the complaint and a statement to be made to the judge.

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

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B. Explain that the judge will place the person under oath and will ask questions about the incident.

C. If the judge issues a temporary restraining order, the police officer will be instructed to enter the judge’s authorization on a prescribed form.

D The officer also will be instructed to print the judge’s name on the temporary restraining order.

E. The officer also will be instructed to serve the TRO upon the alleged offender.