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Sunday, February 20, 2011

Directive Implementing Procedures for the Seizure of Weapons from Municipal and County Law Enforcement Officers Involved in Domestic Violence Incident

DOMESTIC VIOLENCE

Directive Implementing Procedures for the Seizure of Weapons from Municipal and County Law Enforcement Officers Involved in Domestic Violence Incidents

TO:

FROM: DATE: SUBJECT:

Issued August 1995 Revised September 2000

DIRECTOR, DIVISION OF CRIMINAL JUSTICE ALL COUNTY PROSECUTORS ALL LAW ENFORCEMENT CHIEF EXECUTIVES

JOHN J. FARMER, JR. ATTORNEY GENERAL SEPTEMBER 1, 2000 ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2000-3

REVISION TO AUGUST 14, 1995, DIRECTIVE IMPLEMENTING PROCEDURES FOR THE SEIZURE OF WEAPONS FROM MUNICIPAL AND COUNTY LAW ENFORCEMENT OFFICERS INVOLVED IN DOMESTIC VIOLENCE INCIDENTS

I. INTRODUCTION

When law enforcement officers are charged with committing acts of domestic violence, it is important that the matters be uniformly and expeditiously handled. To achieve these objectives, it is necessary that there be a statewide policy governing the seizure of weapons from a law enforcement officer who is charged with committing an act of domestic violence.

The Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 et seq., requires the Attorney General “to provide for the general supervision of criminal justice” in this State. All law enforcement agencies and law enforcement officers in the State are required to cooperate with the Attorney General “to secure the benefits of a uniform and efficient enforcement of the criminal law and the administration of criminal justice throughout the state.” N.J.S.A. 52:17B-98. Accordingly, it is directed that all law enforcement agencies and law enforcement officers who are authorized to carry weapons pursuant to N.J.S.A. 2C:39-6 are to comply with this directive.

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II. GUIDELINES FOR THE SEIZURE OF WEAPONS FROM A LAW ENFORCEMENT OFFICER INVOLVED IN A DOMESTIC VIOLENCE INCIDENT

A. Whenever an act of domestic violence as defined in N.J.S.A. 2C:25-19 has been alleged to have been committed by a law enforcement officer all weapons, department issued and personal, possessed by that officer shall immediately be

1. Seized by the law enforcement officer responding to the domestic violence call if the responding officer reasonably believes that the presence of weapons would expose the victim to a risk of serious bodily injury, or

2. Surrendered by the officer involved when served with a domestic violence restraining order, search warrant or bail condition which requires the surrender of weapons.

B. Whenever an act of domestic violence as defined in N.J.S.A. 2C:25-19 has been alleged to have been committed by a law enforcement officer resulting in the seizure of the officer’s weapons, or the officer has been served with a domestic violence restraining order or a domestic violence warrant for the seizure of weapons or there is a bail condition which requires the surrender of weapons, the officer must:

1. Immediately report that fact to the officer’s departmental supervisor who must promptly notify the Prosecutor’s Office in the county where the officer is employed.

2. Voluntarily surrender all weapons to the law enforcement officer responding to the domestic violence call or in response to a requirement in a domestic violence restraining order or a domestic violence warrant for the seizure of weapons or in a bail condition.

C. Where weapons have been seized from an officer, a report shall immediately be made to the arresting officer’s departmental supervisor who must notify the prosecutor’s office in the county where the charge had been filed.

III. CUSTODY AND CONTROL OF SEIZED OR SURRENDERED WEAPONS

A. Any department-issued weapon, which is seized or surrendered in connection with a domestic violence incident, is to be returned to the custody and control of the department which issued that weapon.

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Seizure of Weapons from Municipal and County Law Enforcement Officers

B. All other weapons owned, possessed, or controlled by the officer, which are seized or surrendered, are to be promptly forwarded to the county Prosecutor’s Office in the county where the seizure of weapons took place in accordance with the procedures set forth in the Attorney General’s Guidelines on Police Response Procedures in Domestic Violence Cases and the County Prosecutor’s Procedures for the seizure and transportation of firearms to the Prosecutor’s Office in accordance with the provisions of N.J.S.A. 2C:25-21d.

C. Where the weapons have been seized pursuant to a court order, domestic violence search warrant, condition of bail or at the scene pursuant to N.J.S.A. 2C:25-21d, the County Prosecutor’s Office where the civil and/or criminal charge was filed or incident occurred shall conduct an immediate investigation of the incident and determine whether the officer should be permitted to carry a weapon and what conditions, if any, should be recommended to the court for the return of the weapons to the law enforcement officer pending the disposition of the domestic violence proceedings. The County Prosecutor completing the investigation shall forward the report to the County Prosecutor within whose jurisdiction the officer is employed.

D. Where the domestic violence charges, either criminal or civil, which resulted in the seizure of weapons from a law enforcement officer have been dismissed or withdrawn before a hearing, the procedures in Paragraph IVD, listed below, should be followed for the return of the weapons to the law enforcement officer.

E. The chief of the law enforcement agency where the officer is employed shall

1. Conduct an investigation into the officer’s background and shall recommend to the appropriate County Prosecutor’s Office whether the officer should be permitted to carry weapons and what conditions, if any, should be imposed for the return of the weapons, consistent with any family or criminal or municipal court bail orders entered against the officer in the jurisdiction which the incident occurred.

2. If necessary, re-assign the officer charged with committing an act of domestic violence or served with a restraining order so that the officer will not have contact with the domestic violence complainant.

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Seizure of Weapons from Municipal and County Law Enforcement Officers

F. The County Prosecutor’s Office within whose jurisdiction the incident occurred should confer with the domestic violence complainant regarding the complainant’s position on the return of weapons. However, the recommendation or determination whether the weapons should be returned rests with the County Prosecutor, not the victim or the law enforcement agency where the officer is employed.

IV. RETURN OF SEIZED WEAPONS

A. When a court had specifically directed that the officer’s weapons be seized either pursuant to a domestic violence restraining order or a domestic violence warrant for the seizure of weapons; or as a condition of bail, the officer whose weapons have been seized because of a domestic violence incident may request an expedited court hearing to determine the officer’s status regarding the possession of weapons.

B. When a court order, either criminal or civil, which prohibits a law enforcement officer from possessing weapons is in effect, no weapons are to be returned to the officer subject to the domestic violence proceedings without a court order. If the domestic violence charges or complaint are withdrawn or dismissed prior to a court hearing, the provisions in Paragraph IVD, listed below, should be followed.

C. If it is determined by the County Prosecutor that the officer may carry weapons in accordance with that officer’s duty assignments while the domestic violence proceedings, either criminal or civil, are pending court action, the County Prosecutor may recommend to the appropriate court that:

1. The officer be permitted to carry a department issued handgun during on duty hours (duty hours means an officer’s daily active duty shift) but not carry a handgun off duty, and

2. The officer be directed not to enter his or her residence which is shared with the complainant while on duty and armed, or meet with the complainant or any other person covered by the restraining order, while armed.

3. The department owned weapons are to be issued by the department to the officer at the beginning of the officer’s daily active duty shift and the weapons are to be returned to the custody of the department at the end of the officer’s daily active duty shift.

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Seizure of Weapons from Municipal and County Law Enforcement Officers

D. When a weapon has been seized from a law enforcement officer involved in a domestic violence offense but no criminal charges, court order or warrant has been issued or is pending regarding possession of weapons, a County Prosecutor may authorize the return of the seized weapons subject to conditions, if any, the Prosecutor determines necessary.

RESTRICTIONS ON RETURN OF FIREARMS

Pursuant to the provisions of the federal crime bill, 18 U.S.C.A. 922(g), if a final domestic violence restraining order is issued, and for the duration of that order,

VI.

A. A law enforcement officer may be authorized by a court to possess a department issued firearm under conditions recommended by the appropriate county prosecutor, and

B. The officer may not possess any personally owned firearms.

PURPOSE AND EFFECT OF THIS DIRECTIVE

This directive is binding upon all county prosecutors and all law enforcement officers in this State. This directive and the procedures set forth herein are implemented solely for the purpose of guidance within the criminal justice community. They are not intended to, do not, and may not be invoked to create any rights, substantive or procedural, enforceable at law by any party in any matter, civil or criminal.

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DOMESTIC VIOLENCE

Directive Implementing Procedures for the Seizure of Weapons from State Law Enforcement Officers Involved in Domestic Violence Incidents

Issued August 1995 Revised September 2000

DIRECTOR, DIVISION OF CRIMINAL JUSTICE ALL COUNTY PROSECUTORS ALL LAW ENFORCEMENT CHIEF EXECUTIVES

JOHN J. FARMER, JR. ATTORNEY GENERAL SEPTEMBER 1, 2000 ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2000-4

REVISION TO AUGUST 14, 1995, DIRECTIVE IMPLEMENTING PROCEDURES FOR THE SEIZURE OF WEAPONS FROM ALL STATE LAW ENFORCEMENT OFFICERS INVOLVED IN DOMESTIC VIOLENCE INCIDENTS

TO:

FROM: DATE: SUBJECT:

I. INTRODUCTION

The Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 et seq., requires the Attorney General “to provide for the general supervision of criminal justice” in this State. All law enforcement agencies and law enforcement officers in the State are required to cooperate with the Attorney General “to secure the benefits of a uniform and efficient enforcement of the criminal law and the administration of criminal justice throughout the state.” N.J.S.A. 52:17B-98. Accordingly, it is directed that all state law enforcement agencies and law enforcement officers who are employed by the State Department of Corrections, the Division of Criminal Justice, the Division of State Police, Human Services Police, Juvenile Justice Commission or the State Park Ranger Service and who are authorized to carry weapons pursuant to N.J.S.A. 2C:39-6 are to comply with this directive.

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Seizure of Weapons from State Law Enforcement Officers

II. GUIDELINES FOR THE SEIZURE OF WEAPONS FROM A LAW ENFORCEMENT OFFICER INVOLVED IN A DOMESTIC VIOLENCE INCIDENT

A. Whenever an act of domestic violence as defined in N.J.S.A. 2C:25-19 has been alleged to have been committed by a state law enforcement officer all weapons, department issued and personal, possessed by that officer shall immediately be

2. Surrendered by the officer involved when served with a domestic violence restraining order, search warrant or bail condition which requires the surrender of weapons.

B. Whenever an act of domestic violence as defined in N.J.S.A. 2C:25-19 has been alleged to have been committed by a state law enforcement officer resulting in the seizure of the officer’s weapons, or the officer has been served with a domestic violence restraining order or a domestic violence warrant for the seizure of weapons or there is a bail condition which requires the surrender of weapons, the officer must:

1. Immediately report that fact to the state officer’s departmental supervisor who must promptly notify the Prosecutor’s Office in the county where the officer is employed and also notify the Division of Criminal Justice, Prosecutors and Police Bureau;

C. Where weapons have been seized from a state law enforcement officer, a report shall immediately be made to the arresting officer’s departmental supervisor who must notify the Division of Criminal Justice, Prosecutors and Police Bureau.

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Seizure of Weapons from State Law Enforcement Officers III. CUSTODY AND CONTROL OF SEIZED OR SURRENDERED WEAPONS

B. All other weapons owned, possessed, or controlled by the officer, which are seized or surrendered, are to be promptly forwarded to the County Prosecutor’s Office in the county where the seizure of weapons took place in accordance with the procedures set forth in the Attorney General’s Guidelines on Police Response Procedures in Domestic Violence Cases and the County Prosecutor’s Procedures for the seizure and transportation of firearms to the Prosecutor’s Office in accordance with the provisions of N.J.S.A. 2C:25-21d.

C. Where the weapons have been seized pursuant to a court order, domestic violence search warrant, condition of bail or at the scene pursuant to N.J.S.A. 2C:25-21d, the Division of Criminal Justice, Prosecutors and Police Bureau shall conduct an immediate investigation of the incident and determine whether the officer should be permitted to carry a weapon and what conditions, if any, should be recommended to the court for the return of the weapons to the law enforcement officer pending the disposition of the domestic violence proceedings. The Division of Criminal Justice, Prosecutors and Police Bureau shall promptly forward its report and recommendations to the County Prosecutor within whose jurisdiction the officer is employed.

D. Where the domestic violence charges, either criminal or civil, which resulted in the seizure of weapons from a state law enforcement officer have been dismissed or withdrawn before a hearing, the procedures in Paragraph IVD, listed below, should be followed for the return of the weapons to the law enforcement officer.

E. The chief of the law enforcement agency where the officer is employed shall

1. Conduct an investigation into the officer’s background and shall recommend to the Division of Criminal Justice, Prosecutors and Police Bureau who shall determine whether the officer should be permitted to carry weapons and what conditions, if any, should be imposed for the return of the weapons, consistent with any family or criminal or municipal court bail orders entered against the officer in the jurisdiction which the incident occurred.

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F. The Division of Criminal Justice, Prosecutors and Police Bureau or designee generally should confer with the domestic violence complainant regarding the complainant’s position on the return of weapons. However, the recommendation or determination whether the weapons should be returned rests with the Division of Criminal Justice Prosecutors and Police Bureau, not the victim or the law enforcement agency where the officer is employed.

IV. RETURN OF SEIZED WEAPONS

B. When a court order, either criminal or civil, which prohibits a state law enforcement officer from possessing weapons is in effect, no weapons are to be returned to the officer subject to the domestic violence proceedings without a court order. If the domestic violence charges or complaint are withdrawn or dismissed prior to a court hearing, the provisions in Paragraph IVD, listed below, should be followed.

C. If it is determined by the Division of Criminal Justice, Prosecutors and Police Bureau that the state law enforcement officer may carry weapons in accordance with that officer’s duty assignments while the domestic violence proceedings, either criminal or civil, are pending court action, the Division of Criminal Justice, Prosecutors and Police Bureau may recommend to the appropriate court that:

1. The officer be permitted to carry a department issued handgun during on duty hours (duty hours means an officer’s daily active duty shift) but not carry a handgun off duty, and

2. The officer be directed not to enter his or her residence which is shared with the complainant while on duty and armed, or meet with the complainant or any other person covered by the restraining

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Seizure of Weapons from State Law Enforcement Officers order, while armed.

3. The department-owned weapons are to be issued by the department to the officer at the beginning of the officer’s daily active duty shift and the weapons are to be returned to the custody of the department at the end of the officer’s daily active duty shift.

D. When a weapon has been seized from a state law enforcement officer involved in a domestic violence offense but no criminal charges, court order or warrant has been issued or is pending regarding possession of weapons, Division of Criminal Justice, Prosecutors and Police Bureau may authorize the return of the seized weapons subject to conditions, if any, the Division of Criminal Justice, Prosecutors and Police Bureau determines necessary.

RESTRICTIONS ON RETURN OF FIREARMS

Pursuant to the provisions of the federal crime bill, 18 U.S.C.A. 922(g), if a final domestic violence restraining order is issued, and for the duration of that order,

VI.

A. A law enforcement officer may be authorized by a court to possess a department issued firearm under conditions recommended by the appropriate county prosecutor, and

B. The officer may not possess any personally owned firearms.

PURPOSE AND EFFECT OF THIS DIRECTIVE

CERTIFICATION FOR DISSOLUTION OF RESTRAINING ORDER

CERTIFICATION FOR DISSOLUTION OF RESTRAINING ORDER

Plaintiff _________________________________ hereby certifies and says:

1. I am the plaintiff in the above captioned matter. 2. On __________ I appeared in Superior Court ( ) OR in the Police station ( )

and signed a complaint and application for a Temporary Restraining Order. 3. On _________, I obtained a Final Restraining Order. 4. Since that time, I have reconciled with or reconsidered my relationship with the

defendant. Therefore, I am asking the court to dissolve all the restraints against

the defendant. 5. My Restraining Order does ( ) OR does not ( ) include provisions for custody,

time sharing and/or child support. I want ( ) OR I do not want ( ) these

provisions continued without a restraining order. 6. I have had my options explained to me and I have reviewed the information on

the form “What Dissolving a Restraining Order Means.” I am asking for this dismissal voluntarily, of my own free will and without coercion or interference from any person.

7. I am further aware that should I wish to contact an attorney, domestic violence program or counseling group that I may do so prior to completing this Certification.

8. I am aware that if any criminal charges were filed by me or the police, I will need to go to the municipal court (or superior court, criminal division) to request their dismissal.

9. I am aware that if there are further acts of domestic violence and I want a new Restraining Order, I must reapply for a Restraining Order either at the courthouse or the police station.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

WHAT DISSOLVING A RESTRAINING ORDER MEANS

WHAT DISSOLVING A RESTRAINING ORDER MEANS

1. I am voluntarily asking a judge to take away the legal restraints entered against the defendant which were issued by the Judge at my request. I understand that I am asking the court to now dissolve the restraining order, and a final decision will be made by a judge.

2. Once this Restraining Order is dissolved, I will not benefit from any special protection from the defendant. I cannot obtain this protection again unless there is another act of domestic violence. In that event, I will have to go to the courthouse or the police station, fill out a new complaint and request a new Restraining Order.

3. I understand that one of the protections of a Restraining Order is a mandatory arrest if the defendant violates the “no contact” provisions (Part I). I understand that without the Restraining Order, it is not mandatory that the police arrest the defendant. Even if I have another order from this court that says defendant must stay away (included with my divorce case or my child support case), it is not mandatory that the police arrest the defendant for violating that order.

4. I understand that if criminal complaints were filed by me or the police, I will have to go to another court (probably municipal court) to request that those charges be dismissed.

5. The Judge’s decision to dissolve this Restraining Order is final and will close my case. This will end all the protections I received as a result of the acts of domestic violence committed against me.

6. I understand that I should only sign the “Certification to Dissolve a Restraining Order” voluntarily.

7. I have been told about the Domestic Violence services and have been given an opportunity to speak to a victim advocate or have spoken to my attorney.

8. IF YOU HAVE ANY DOUBTS OR QUESTIONS ABOUT DISMISSING THE RESTRAINING ORDER, OR IF YOU HAVE BEEN THREATENED, COERCED OR FORCED BY ANYONE TO SEEK THIS DISMISSAL, TELL THE INTAKE WORKER OR SOMEONE ELSE IN FAMILY COURT, OR REQUEST TO SPEAK TO A VICTIM ADVOCATE OR YOUR ATTORNEY.

AFFIDAVIT IN SUPPORT OF DOMESTIC VIOLENCE SEARCH WARRANT

AFFIDAVIT IN SUPPORT OF DOMESTIC VIOLENCE SEARCH WARRANT

I, ______________________ , having been duly sworn upon my oath according to the law, depose and say:

1.On ___________________, 200__, I was subjected to an act of Domestic Violence by the above defendant.

2. I allege that the defendant committed an act of Domestic Violence as described in the attached Complaint, such acts posing an imminent danger to my life, health or well-being.

3. I also believe that the defendant is in possession of a weapon(s) that I reasonably believe would expose me to a risk of serious bodily injury.

4. These weapon(s) consist of (be as specific as possible)______________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ __________________________________________________________________________________ .

5. I am aware that the defendant possesses or has access to these weapons based upon (how the victim is aware of weapons)

__________________________________________________________________________________ __________________________________________________________________________________.

6. The defendant’s weapons, noted in Item 4, are located at (be as specific as possible as to location of the weapons and owner of the premises, if not the defendant.) ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ __________________________________________________________________________________ .

7. I would request that the items in Item 4, as well as any other weapon that may be located by law enforcement at the location(s), be seized for safekeeping purposes. I would further request all of the defendant’s permits to carry a firearm, firearms purchaser identification card, and any outstanding applications to purchase firearms be seized.

Oath administered and witnessed by:

_______________________________ Hearing Officer

Date:________________

DOMESTIC VIOLENCE HEARING OFFICER PROGRAM

DOMESTIC VIOLENCE HEARING OFFICER PROGRAM

The Supreme Court has adopted this set of Operating Standards for the Domestic Violence Hearing Officer Program. The standards and the accompanying commentary were developed and recommended by the Conferences of Family Division Managers and Family Presiding Judges. The standards are applicable to the program as implemented in all vicinages.

I. Standards/Best Practices -- Domestic Violence Case Processing

Domestic violence case processing standards/“best practices” are in essence set forth in the Domestic Violence Procedures Manual, as jointly promulgated by the Supreme Court and the Attorney General for use by courts and law enforcement personnel throughout the State. The standards set forth here are presented in the same narrative format, so that they are consistent with and can be inserted directly into the Procedures Manual.

II. Standards/Best Practices --Domestic Violence Hearing Officer (DVHO) Program

DVHO Standard # 1: Appointment

DVHOs shall be hired at the vicinage level in the same manner as all other Judiciary employees based on the qualifications of the position adopted by the Department of Personnel, supplemented in the “Note” section as set forth below. All successful candidates for the DVHO position prior to hearing any cases shall complete a training program approved by the Administrative Office of the Courts. The Training Committee of the Conference of Family Division Managers will develop the training program in coordination with the Judiciary’s Chief of Training and Staff Development and in consultation with the DVHO Advisory Committee of the State Domestic Violence Working Group.

Qualifications for the DVHO position include: (1) A bachelor’s degree in a behavioral or social science; and (2) three years of experience in the areas of domestic violence or family crisis. A masters degree or admission to the New Jersey Bar and one year of experience in Family Law (which shall include work involving domestic violence) may be substituted for one year of experience.

All future DVHO job announcements should include in the “Note” section the following language: “Awareness of the dynamics of domestic violence and its impact upon victims, families, and abusers is helpful.”The Training Committee of the Conference of Family Division Managers has developed statewide training for new Family staff and training for Family Team Leaders. The Training Committee will develop the curriculum for newly hired Domestic Violence Hearing Officers. In developing that curriculum, the Training Committee should coordinate with the Judiciary’s Chief of Training and Staff Development and consult with the Domestic Violence Hearing Officer Advisory Committee of the State Domestic Violence Working Group (which includes representatives from the New Jersey Coalition for Battered Women, Division of Youth and Family Services, a Family Division Manager, Domestic Violence Hearing Officers, a Family Presiding Judge, and AOC Family Practice staff). The Conferences of Family Division Managers and Family Presiding Judges must review and approve the curriculum prior to its implementation.

DVHO Standard #2: Duties and Responsibilities

Domestic Violence Hearing Officers conduct hearings on requests for Temporary Restraining Orders. In doing so, a DVHO shall:

1. Review all related case files involving the parties;

2. Inform Plaintiff about her/his legal rights and options, and about available protective services, including shelter care;

3. Explain to Plaintiff the domestic violence legal process and procedures;

4. Explain to Plaintiff that appearance before the Domestic Violence Hearing Officer is voluntary, and that no adverse inference shall be drawn if Plaintiff seeks to appear instead before a judge;

5. Take testimony and establish a record, including findings of fact concerning the basis for his/her recommendations;

6. Rule on the admissibility of evidence;

7. Draft a comprehensive, case-specific Temporary Restraining Order, where appropriate;

8. Forward the recommended Temporary Restraining Order for review and signature by a judge;

9. Make appropriate referrals to other agencies for assistance.

10. Inform Plaintiff of the right to a hearing de novo before a Superior Court Judge if the DVHO has recommended that a TRO not be granted.

B. The DVHO will be expected to assume other similar duties in the Family Division when time allows. However, even in those counties in which conducting TRO hearings does not comprise the majority of the DVHO’s time, such hearings shall take precedence over other duties assigned to the DVHO. Any other duties assigned to the DVHO must be consistent with the skills, abilities, and status of the DVHO position.

DVHO Standard # 3: Management Structure

A. The DVHO shall report to the Assistant Family Division Manager, and for legal consultation or case issues shall have access to the Family Division Presiding Judge or a judge designated by the Presiding Judge.

B. The DVHO should participate in relevant meetings and discussions in the vicinage held by the Presiding Judge, Division Manager, and Assistant Division Manager(s).

C. The DVHO should participate in the County Domestic Violence Working Group, and in other intra-court and interagency committees/groups at the state and local levels that are identified as appropriate by Family Division Management (e.g. Presiding Judge, Family Division Manager or Assistant Family Division Manager).

D. The DVHO should attend statewide DVHO meetings, which are to be called by the Family Division Manager who is designated to chair meetings of the DVHOs, and may also attend other training events identified and approved by Family Division Management, the SDVWG’s DVHO Advisory Committee, and the AOC.

The regular statewide meetings of DVHOs will be scheduled at the direction of the Chair of the Conference of Family Presiding Judges, and will be chaired by the designated Family Division Manager. It is expected that there will be at least nine such meetings during 2001, with such meetings scheduled on a regular basis thereafter. It is also the expectation of the Conference of Family Presiding Judges that all DVHOs will be encouraged and permitted to attend all such statewide meetings. At the local level, the DVHO is expected to be an active member of the County Domestic Violence Working Group in order to contribute his/her expertise to the resolution of local and statewide issues related to the implementation of the Prevention of Domestic Violence Act.

DVHO Standard #4: Facilities and Staff Support

A. The DVHO should conduct the hearing in a hearing room specifically set up and designed to accommodate domestic violence proceedings.

Hearing rooms shall be equipped with a desk/bench for the DVHO, chairs for

the victim and witnesses, space for support staff and security, phone, and PC with access to FACTS, PROMIS/GAVEL, ACS, ACSES, as well probation, warrant, and jail information, and the Judiciary’s InfoNet.1

B. DVHOs shall be provided appropriate security, consistent with and as reflected in the vicinage’s security plan.

C. All hearings conducted by the DVHO shall be recorded and a log shall be maintained. A court staff member should be provided during hearings to operate the recording equipment, maintain the logs, take files to the judge for review and signature, and, when necessary, escort the victim to a courtroom or back to Intake.

D. DVHOs shall be provided with the current version of the Domestic Violence Reference Manual, which includes the Domestic Violence Procedures Manual.

DVHOs also

1. 2. 3. 4. 5.

shall have regular access to the following:

New Jersey Rules of Court; New Jersey Rules of Evidence; New Jersey Code of Criminal Justice; New Jersey Law Journal and/or New Jersey Lawyer; Family Division slip opinions, as well as any other slip opinions relating to domestic violence.

DVHO Standard #5: Jurisdiction

A. DVHOs shall only hear requests for Temporary Restraining Orders made at the Family Division during regular court hours. Appearance before the DVHO is voluntary and a plaintiff may elect to appear before a judge instead. No adverse inferences shall be drawn from a plaintiff’s election to appear before a judge.

B. The DVHO shall be governed by the New Jersey Prevention of Domestic Violence Act, New Jersey Court Rule 5:7A, the Domestic Violence Procedures Manual, and these Standards in making recommendations regarding the issuance of an initial Temporary Restraining Order and its specific provisions.

C. DVHOs may draft and recommend Amended Temporary Restraining Orders where only the Plaintiff appears and none of the exclusions listed in Section D below apply.

D. DVHOs shall not hear a particular matter if any of the following circumstances exist:

1Counties that cannot meet this standard immediately will be asked to develop a specific plan to meet the standard within a reasonable period of time.

1. When a change in or suspension of an existing custody or visitation order is sought by plaintiff;

2. When there are cross-complaints, complex issues or circumstances, or pending or recently resolved cases involving the parties that make the matter “complex”; (this determination of “complexity” by the Hearing Officer is subject to the oversight of the Presiding Judge or Lead Domestic Violence Judge)

3. Where a party has submitted an application for dismissal;

4. When both parties are present;

5. When a TRO has been denied by the Municipal Court, and the Plaintiff appears at the Family Division for a hearing de novo;

6. When a conflict of interest or the appearance of impropriety would result.

E. Other than the matters set forth in Section D above, all cases shall be brought to the attention of the DVHO, who can make referrals to the designated judge as necessary and appropriate.

F. The following provisions are applicable to cases involving the use or threatened use of weapons.

1. When a domestic violence complaint is taken in a matter that involves the use or threatened use of a weapon, or where the defendant possesses or has access to a firearm or other weapon described in N.J.S.A. 2C:39-1r, this information should be noted on the complaint and transmittal form that will be attached to the other paperwork forwarded to the DVHO;

2. If the DVHO finds that good cause exists for the issuance of a TRO, the DVHO should proceed to review and check off those restraints and reliefs being recommended;

3. During the hearing, when the DVHO reaches the section of the TRO prohibiting weapons possession, and after having determined that there are weapons to be seized, the DVHO should ask for as detailed a description as possible concerning the type and number of weapons, and their specific location(s);

4. If the DVHO determines that there is probable cause for seizure, the DVHO should note this on the record and then should:

a. Complete the weapons seizure affidavit form [Attachment] based on Plaintiff’s testimony, including details about the weapon(s) to be seized and the likely location(s) of the weapon(s), as well as the basis for Plaintiff’s belief that such weapons are in Defendant’s possession or are accessible to Defendant;

b. Review the contents of the affidavit with Plaintiff of the record and have Plaintiff sign the affidavit; the DVHO should witness Plaintiff’s signature;

c. Complete the warrant portion of the TRO with specificity regarding the weapon(s), location(s) of same, and any other instructions to law enforcement;

d. Once the TRO hearing is completed, the recommended TRO, along with the Weapons Seizure Affidavit, should be presented to the appropriate judge for review (including specific review of the affidavit and warrant section of the TRO) and signature. The probable cause determination regarding weapons seizure should be placed on the record, along with the docket number and other identifying case information;

e. If the judge does not concur with the TRO as recommended, or wishes to take testimony directly from the victim, or if the DVHO finds no basis for the issuance of the TRO or a lack of probable cause for weapons seizure and Plaintiff requests a hearing de novo on either determination, the case should be handled as an excluded case and forwarded to the judge for a hearing de novo.

All recommendations made by the DVHO shall be reviewed by a Family Division Judge or other Superior Court Judge, as follows:

1. The Family Presiding Judge or a judge designated by the Presiding Judge immediately shall review all Temporary Restraining Orders recommended by the DVHO. If the judge finds the recommended TRO to be appropriate, he or she should sign the TRO. The fact that the matter was heard by a DVHO may be noted on the file but shall not appear on the TRO itself.

2. A plaintiff who does not agree with the findings and/or recommendations of the DVHO shall be entitled to an immediate hearing de novo conducted by the Family Presiding Judge or a designated Family Division judge.

3. Copies of the signed TRO shall be provided to Plaintiff by the court or court staff, in accordance with local practice, before Plaintiff leaves the courthouse. Defendant shall be served a copy pursuant to N.J.S.A. 2C:25-17 et seq.

The Domestic Violence Procedures Manual sets out the standard for the maximum amount of time that an individual should have to wait for a hearing. Every effort should be made for cases to be heard within one hour after the time the complaint was completed. The Domestic Violence Technical Assistance Team has examined this aspect of the process in every county and has made recommendations for improvement in those counties in which the amount of time a victim waits exceeds the standard.

Concern has been expressed that the DVHOs’ caseloads will expand as a result of the specific authority to hear matters involving weapons, as set forth above. This will be monitored at DVHO meetings and will be brought to the attention to the Presiding Judges-Family Division Managers Domestic Violence Subcommittee, if necessary.

TEMPORARY RESTRAINING ORDERS

TEMPORARY RESTRAINING ORDERS

COMPLAINT

FIRST ROW: Check off TRO box

SECOND ROW: Must check off box for Superior Court or Municipal. • If Municipal, which town? Add in town name. • NOTE: Matter can be brought where plaintiff resides, where Defendant resides, where

Plaintiff is sheltered or where incident took place.

DEFENDANT IDENTIFIERS: Fill in as much information as possible. This is needed if someone else has to serve Defendant or to verify a warrant. Also needed to input into FACTS, especially dates of birth. Ask if Plaintiff has a recent photograph of defendant.

STORY: Fill in the date (A0N@) and the time (AAT@), the offense and what Def. did (theABY@)

• EX: AON 5/18/01, AT 9pm, Def assaulted Plf BY hitting her in the face with a fist@ Give as much detail as possible and note injuries or pain.

CRIMINAL OFFENSE BOXES: check off all that apply; give Defendant notice (due process).

#1: PRIOR HISTORY: detail other incidents, even if not reported; be sure to check box. For example, A6/99, Def broke plf wrist; called work every day this month@ (NOTE: put prior docket numbers in # 3)

#2 CRIMINAL HISTORY: Check for SBI number, check for warrants, check central registry #3 PRIOR OR PENDING MATTERS: fill in with court, dates, dockets numbers where

available

#4 CRIMINAL COMPLAINT: where possible, fill in charges and complainant

#5 WEAPONS – fill in if weapons were removed with number of weapons and type WEAPON is anything readily capable of lethal use or of inflicting serious bodily injury

ARREST of defendant – check box #6 MORE BOXES: check off the relationship; for (former) household member, plf must be 18.

#7 CHILDREN: list children in common only; if relationship criteria (#6) is coparents, make sure the children are listed, no matter where they live and no matter their age.

#8 FAMILY RELATIONSHIP - does not change the jurisdiction of PDVA; put plaintiff first so if Plf is mother and def is son, write Amother/son.”

CERTIFICATION: plaintiff must sign and date If using e-TRO, have Plaintiff sign after printingORDER ***NOTE: DEFENDANT=S RELIEF IS FIRST***

TOP OF FORM: Make sure Defendant=s name appears on all pages

PART I RELIEF (CAN ARREST FOR VIOLATION OF THIS SECTION) #1-13 IMPORTANT BOXES: There are three columns on left side of the Order.

• • •

TRO column shows what is REQUESTED in the Temporary Order FRO column shows what is REQUESTED at the Final hearing (ex - child support) *GRANTED* column shows what is GRANTED in the TEMPORARY ORDER ONLY * GRANTED column must be CHECKED for the Order to be enforceable. BE SURE TO CHECK ALL APPROPRIATE BOXES

#3 PLACES: check off home and residence boxes but fill in actual address only if known to Defendant; if confidential, write confidential.

#4,5,6: OTHERS: Fill in names and relationship of people known to def #7 EMERGENT MONEY: Be very specific when this is used; exact amount and when and

how paid

#8, 9 EVALUATIONS AND TREATMENT: Also be very specific—where, when and who pays

#10 WEAPONS POSSESSION: This section precludes defendant from POSSESSING weapons only; includes firearms and weapons, purchasing card and id. card; note Ammunition is not a weapons pursuant to N.J.S.A. 2C:39-1r; fill in weapons other than firearms in space provided.

NOTE: With the e-TRO, once this box is checked, the line must be filled in with something; fill in the specifics, or a general statement such as “all weapons.”

#11 EXCLUSIVE POSSESSION: if checked, something must be written; if defendant knows the address, fill in address; if defendant does not know address, fill in “plaintiff’s residence.”

#12 CUSTODY: list children in common; need not list other children, esp. where defendant is not parent of that child.

#13 OTHER RELIEF: this is the section where defendant can be arrested so use this sparingly; can by used to require return of passports or other papers; house or car keys, etc.

LAW ENFORCEMENT: specify which police department (if known), to accompany defendant to a specific place to retrieve clothing and toiletries (or other specific item(s)), once for a limited time (such as 15 minutes).

NOTE ON BOTTOM OF PAGE: a violation can result in arrest and incarceration; only a court can change the Order.

WARRANT: requires that a WRITTEN INVENTORY of items seized be sent to family court

PART II RELIEF (Must file Affidavit or Motion in Superior Court for violation of this section)

***AGAIN NOTE DEFENDANT INFORMATION IS FIRST ****

#1-3 MORE BOXES: SEE ABOVE. Here, it is important to fill in, if possible, what pla wants at the Final, so def knows what to prepare. Example: risk assessment; child support; medical insurance; car insurance

PERSONAL PROPERTY: think possession of car, house or car keys, a pet, passports COMMENTS: This area can be used to continue the story from the first page or advise of

special circumstances, such as special needs child

PAGE 4: • If TRO denied: check off correct box. If Municipal: check off ATRO DENIED BY

MUNICIPAL COURT.@ Order must still be signed and sent to Family Court

immediately; Plaintiff can go to Superior Court next day and renew request. • If TRO is granted: check that box, sign, check Box to schedule Final hearing AND

fill in NOTICE TO APPEAR at final hearing with date, time and place ***NEW BOX: IS AN INTERPRETER NEEDED?*** SERVICE: Fill in for Plaintiff.

• •

If Municipal court, FAX TRO TO FAMILY COURT IMMEDIATELY, even if both parties not yet served. Superior Court needs time to put info into the computer. If Defendant needs to be served elsewhere, issuing court must fax to the law enforcement agency where defendant can be served.

Service of TRO on defendant must also be FAXED to family court immediately, no matter who serves it. If unable to serve immediately, fax order to Superior Court and refax page 4 later with service info whenever Def is served. TRO must also be faxed to the town where Defendant lives for service, if different.

NOTE: SERVICE OF FRO B must also fax proof of service of FRO to Superior Court for entry into Central Registry. Fill in date and department that served (page 4)

DOMESTIC VIOLENCE PROCEDURES MANUAL APPENDIX LIST

DOMESTIC VIOLENCE PROCEDURES MANUAL APPENDIX LIST

1. Victim Information Sheet 1a. Spanish Victim Information Sheet 2. Temporary Restraining Order and Instructions 3. Domestic Violence Hearing Officer Standards and Backup DVHO Standards 4. *Aid in Identifying Firearms 5. *Victim Notification Form 6. Summary of Electronic TRO 6a. Instructions for Recording Complete Incident Description in FACTS 7. *Confirmatory Order 8. Appeal of Ex Parte Order – Application for Appeal and Order 9. Continuance Order 10. Final Restraining Order 11. Notice of Fingerprinting Requirements 12. “What Dissolving a Restraining Order Means” 12a. Spanish“WhatDissolvingaRetrainingOrderMeans” 13. Certification to Dismiss Complaint/TRO 14. Order of Dismissal 15. Risk Assessment 16. Protective Order (Custody Reports) 17. *Attorney General Law Enforcement Directive 2000-3 and 2000-4 18. *Affidavit in Support of Domestic Violence Search Warrant (Law Enforcement) 19. *Domestic Violence Warrant for Search and Seizure of Weapons (Law Enforcement) 20. Child Support Hearing Officer Standard 7 21. Procedures and Forms for Registering Out of State Restraining Orders 22. Domestic Violence Central Registry FACTS Inquiry Guide 23. *Checklist for Law Enforcement Officers 24. *Supplementary Domestic Violence Offense Report 25. Guide to Services for Victims of Domestic Violence 26. Safety Plan Brochure 27. Batterers Intervention Program Guidelines 28. *Attorney General Guidelines for Enforcement of Out of State Restraining Orders 29. State Police Phone Numbers by State 30. State Administrative Offices of the Court by State 31. Uniform Summary Support Order 32. Address Confidentiality Program Act

*The Division of Criminal Justice prepared the items marked with an asterisk.