REPORT ON THE PREVENTION OF DOMESTIC VIOLENCE ACT

Transcription

1 REPORT ON THE PREVENTION OF DOMESTIC VIOLENCE ACT JANUARY 1, - DECEMBER 31, Prepared by: Family Practice Division Administrative Office of the Courts Submitted: Hon. Stuart Rabner, Chief Justice Hon. Glenn A. Grant, Acting Administrative Director of the Courts

2 TABLE OF CONTENTS INTRODUCTION SECTION ONE: DOMESTIC VIOLENCE (FV) FILINGS - NEW COMPLAINTS A. STATEWIDE FILINGS: 1. New Complaints Filed 2 2. Gender of Parties 2 3. Relationship of Plaintiff-Defendant 3 4. Living Arrangements 4 5. Temporary Restraining Order 4 B. COUNTY FIGURES: Domestic Violence Filings New/TRO Extended 6 Gender of Parties 7 Relationship of Plaintiff-Defendant 8 Living Arrangements 9 TROs Summary 10 Domestic Violence Filings Summary I

3 SECTION TWO: DOMESTIC VIOLENCE TERMINATIONS (FV) - NEW COMPLAINTS A. STATEWIDE FIGURES: 1. TRO Denied: Complaint Dismissed Complaint Withdrawn-Plaintiff Failure of Plaintiff to Appear 14 Complaint Dismissed 4. TRO Appealed: Complaint Dismissed Relief Denied at Final Hearing TRO Extended FRO Entered/Some or All Relief Transferred to another County 16 B. COUNTY FIGURES: DV Terminations/New TRO Extended TRO Denied; Complaint Withdrawn-Plaintiff; Failure of Plaintiff to Appear; TRO Appealed; Relief Denied at Final Hearing; TRO Extended; Some or All Relief ; Transferred to Other County 18 Summary - DV Terminations New TRO Extended; Reopened Post-Disposition 19 Total Terminations Summary - DV Terminations 1/1/09-12/31/10 20 II

4 SECTION THREE: FINAL RESTRAINING ORDERS (FROs) - RELIEF DISPOSITION STATISTICS A. STATEWIDE FIGURES: FROs 1. Prohibition Against Future Acts 22 of Domestic Violence 2. Prohibition Against Contact or Communication with Victim Prohibition Against Contact or Communication with Others Prohibition Against Harassing Communications to Victim Prohibition Against Harassing Communications to Others Possession of Residence 24 To Plaintiff 7. Emergent Monetary Relief- 25 Victim 8. Emergent Monetary Relief- 25 Dependent(s) 9. Child Custody Law Enforcement Accompaniment of Defendant to Scene-Residence Law Enforcement Accompaniment of Plaintiff to Scene-Residence Other Appropriate Relief- Plaintiff Other Appropriate Relief- Child(ren) Other Appropriate Relief- Defendant 28 III

5 15. Intake Monitoring Prohibition Against Weapons Possession- Firearms Prohibition Against Weapons Possession- Other Seizure of Weapons Prohibition Against Stalking- Victim Prohibition Against Stalking- Others Conditions of Parenting Time For Defendant Risk Assessment Ordered Suspension of Parenting Time For Defendant Monetary Compensation- Emergent Support 33 a. Victim-Emergent Support 33 b. Dependent(s)-Emergent Support 34 c. Interim Support Victim-Dependent(s) 34 d. Victim-Ongoing Support 35 e. Dependent(s)-Ongoing Support 35 Additional Economic Relief (f-k) 36 f. Victim-Compensatory Damages 36 g. Victim-Punitive Damages 36 h. Victim-Medical Coverage 37 i. Dependent(s)-Medical Coverage 37 IV

6 j. Monetary Compensation- Third Party 38 k. Victims of Crime Compensation Board (VCCB) Professional Domestic Violence Counseling - Defendant Rent or Mortgage Payments Temporary Possession of Personal Property-Plaintiff Temporary Possession of Personal Property-Defendant 40 B. COUNTY FIGURES: PROHIBITION AGAINST: The Following Categories Are Some/All Relief : Future Acts of Domestic Violence; Contact With Victim; Contact With Others; Harassing Communications to Victim 42 Harassing Communications to Others; Exclusive Possession of Residence to Plaintiff; Emergent Monetary Relief-Victim; Emergent Monetary Relief-Dependent(s) 43 Child Custody; Law Enforcement Accompaniment-Defendant to Scene or Residence; Law Enforcement Accompaniment- Plaintiff to Scene or Residence 44 Other Appropriate Relief-Plaintiff; Other Appropriate Relief-Child(ren);Other Appropriate Relief-Defendant; Intake Monitoring 45 V

7 Prohibition Against Weapons Possession-Firearms; Prohibition Against Weapons Possession- Other; Seizure of Weapons; Prohibition Against Stalking-Victim(s) 46 Prohibition Against Stalking-Others; Parenting Time for Defendant; Risk Assessment Ordered; Suspension of Visitation Order 47 Monetary Compensation Victim- Emergent Support; Dependent(s)- Emergent Support; Interim Support- Victim-Dependents; Victim- Ongoing Support 48 Monetary Compensation Dependent(s) Ongoing Support; Victim-Compensatory; Victim-Punitive Damages; Victim- Medical Coverage 49 Monetary Compensation Dependent(s) Medical Coverage; Third Party; Victims of Crime Compensation Board (VCCB); Professional Domestic Violence Counseling /Defendant 50 Rent or Mortgage Payments; Temporary Possession of Specified Personal Property to Plaintiff; Temporary Possession of Specified Personal Property to Defendant 51 VI

8 SECTION FOUR POST-DISPOSITIONAL RELIEF DV Criminal Contempts (FOs) Modifications/Enforcements (FVs) Reopened DV FROs/Terminations DV Contempt Summary 1. Domestic Violence Criminal Contempts 52 A. STATEWIDE FIGURES: a. Filings 53 b. Terminations 53 B. COUNTY FIGURES: Filings 55 Terminations Modifications/Enforcements (FVs) - /Filings 57 A. STATEWIDE FIGURES: (1) Probation Support Enforcement- Modification-Review 57 (2) Other Enforcement/Modification /Review 58 (3) Reactivated Reopened Final Restraining Orders/Terminations 59 a. Probation Support Enforcement/ Modification-Review 59 b. Other Enforcement/Modification/ Enforcement 59 c. Other Enforcement/Modification/Review Final Order Dismissed 60 d. FRO /Inactivated 60 VII

9 4. Domestic Violence Contempt Summary 61 A. STATEWIDE FIGURES: 62 B. COUNTY FIGURES: Filings: Reopened/Post-Disposition Probation Support Enforcement/ Modification Review; Other Enforcement/Modification Review; Reactivated 63 Terminations: Reopened/Post-Disposition Probation Support Enforcement/ Modification Review; Other Enforcement/Modification Review; Other Enforcement/FRO Dismissed 64 Domestic Violence Contempt/Summary 1/1/ /31/ CRIMINAL DIVISION DOMESTIC VIOLENCE REPORT Report 05-A Number of Defendants Charged 67 Report 05-B County Distribution Of DV Defendants Reported Report 05-C Statutes Chart 05-DV Complaints 70 Report 05-X: Sentencing Stage 71 Chart 05-X: Domestic Violence Sentences 72 Chart 05-Y: Defendant Disposition Reason 73 Sentences 74 Sentence Dispositions 75 Statute Complaint Statistics 76 Complaint Dispositions 77 VIII

10 Number of Sentences 78 Number of Complaints 79 IX

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14 SECTION ONE: DOMESTIC VIOLENCE FILINGS NEW COMPLAINTS STATEWIDE FILINGS

15 SECTION ONE: A. DOMESTIC VIOLENCE (FV) FILINGS - NEW COMPLAINTS, STATEWIDE FILINGS 1. NUMBER OF NEW COMPLAINTS FILED (MUNICIPAL COURTS, SUPERIOR COURT, TRANSFERS AND REOPENED TEMPORARY RESTRAINING ORDERS.) In calendar year, new domestic violence filings increased in all areas with the exception of transfers. NUMBER OF FILINGS Municipal Courts /09-12/09 1/10-12/10 16,011 16,265 Superior Court 21,447 22,093 Transfers Reopened TROs 2, Total Filings 40,530 41, GENDER OF PARTIES* In the large majority of plaintiffs filing domestic violence complaints continued to be female (77.6%) and the large majority of defendants continues to be male (76.8%). Gender of Parties Male Plaintiff Female Plaintiff Male Defendant Female Defendant 2009 % of Total Filings (37,660) % of Total Filings (38,553) 8, % 8, % 29, % 29, % 28, % 29, % 8, % 8, % (*Note: Based on total new filings and transfers in Municipal Court and Superior Court (38,553)) 2

16 3. RELATIONSHIP BETWEEN PLAINTIFF AND DEFENDANT* In, the statistics regarding the relationship between plaintiff and defendant changed very little in every category from the previous year. Relationship of Parties 2009 Relationship of Parties % of Total Filings (37,660) % of Total Filings (38,553) Spouse w/children 7, % 7, % Spouse w/o Children 2, % 2, % Former Spouse w/children Former Spouse w/o Children 1, % 1, % % % Never Married w/children 7, % 8, % Never Married Expectant Parents Present Household Member % % 4, % 4, % Dating Relationship 9, % 9, % Former Household Member 3, % 4, % (*Note: Based on total new filings and transfers in Municipal Court and Superior Court (38,553)) 3

17 4. LIVING ARRANGEMENTS OF PLAINTIFFS AND DEFENDANTS IN NEW COMPLAINTS* The living arrangements for plaintiffs and defendants filing new domestic violence complaints showed a slight change between 2009 and. Living Arrangements Living Together 2009 % of Total Filings ( 37,600) % of Total Filings (38,553) 14, % 14, % Previously Living Together 16, % 17, % Never Lived Together 6, % 6, % 5. TEMPORARY RESTRAINING ORDERS ISSUED The Domestic Violence Summary shows the proportion of domestic violence cases in which TROs were issued. TROs Issued 2009 % of Total Filings % of Total Filings (37,600) (38,553) 32, % 32, % TROs Denied (Final Hearing Scheduled) TROs Denied (Complaint Dismissed) 2009 % of Total Filings (37,660) % of Total Filings (38,553) % % 2009 % of Total Filings (37,660) % of Total Filings (38,553) 3, % 3, % (*Note: Based on total new filings and transfers in Municipal and Superior Court (38,553)) 4

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26 SECTION TWO: DOMESTIC VIOLENCE TERMINATIONS (FVs) NEW COMPLAINTS 13

27 A. STATEWIDE FIGURES 1. TRO DENIED/COMPLAINT DISMISSED (ALL COURTS)* The percentage of cases disposed by the denial of a TRO and dismissal of the domestic violence complaint increased slightly in as compared to TROs Denied 2009 % of Total Filings (40,634) TROs Denied % of Total Filings (42,043) 3, % 3, % 2. COMPLAINT WITHDRAWN BY PLAINTIFF* The percentage of complaints withdrawn by the plaintiff increased slightly in, as compared to Complaint Withdrawn by Plaintiff 2009 % of Total Filings ( 40,634) Complaint Withdrawn by Plaintiff % of Total Filings (42,043) 13, % 13, % 3. FAILURE OF PLAINTIFF TO APPEAR/COMPLAINT DISMISSED* The percentage of cases dismissed due to failure of the plaintiff to appear increased slightly in. Dismissed Failure to Appear Plaintiff 2009 % of Total Filings ( 40,634) Dismissed Failure to Appear Plaintiff % of Total Filings (42,043) 3, % 3, % (*Note: Based on Domestic Violence Terminations (58,137)) 14

28 4. TRO APPEALED/COMPLAINT DISMISSED (FAMILY DIVISION) The number of cases in which emergent appeals were granted prior to the final hearing decreased by 2 cases in. TRO EMERGENT APPEAL GRANTED (# of Cases) RELIEF DENIED AT FINAL HEARING/COMPLAINT DISMISSED* In, the percentage of cases in which the final restraining order was denied and the complaint dismissed is higher from the year Year: FROs Denied Total Filings % Total Filings ,023 40, % 6,512 42, % 6. TRO EXTENDED* A TRO can be extended indefinitely when attempts have been made to serve the defendant, but defendant cannot be located. In, the percentage of such extended TROs increased slightly from Year Extended TROs Total Filings % Total Filings ,431 40, % 4,714 42, % (*Note: Based on domestic violence terminations (58,137)) 15

29 7. FINAL RESTRAINING ORDERS ENTERED/ SOME OR ALL RELIEF GRANTED In, the percentage of Final Restraining Orders entered with some or all relief granted increased from Year FROs Entered Total Filings % Total Filings ,581 40, % 7,816 42, % 8. TRANSFERRED TO ANOTHER COUNTY A case may be transferred from one county to another for any of four reasons: plaintiff or defendant works in Family Court in the original county of venue; there is an FM (Dissolution) or FD (Non-Dissolution) matter pending in the another county; the TRO and FRO were filed in the county where the act occurred but plaintiff or both parties reside in another county; or for other good cause shown. In, the total number of transfers decreased marginally from DV Cases Transferred To Another County (# of Cases)

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34 SECTION THREE: FINAL RESTRAINING ORDERS RELIEF DISPOSITION STATISTICS The percentage of relief sought ( % of all FROs ) represents the number of cases in which that relief was sought as a percentage of all cases. The percentage of relief granted ( % granted ) represents the number of cases in which the relief was granted as a percentage of those cases in which that relief was sought. 21

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36 A. STATEWIDE FIGURES (SUPERIOR COURT) In, 20.2% of total domestic violence filings in the Family Division of Superior Court resulted in a granted Final Restraining Order (FRO). Year FROs Total Filings % of Total Filings ,581 37, % 7,816 38, % 1. PROHIBITION AGAINST FUTURE ACTS OF DOMESTIC VIOLENCE This relief continues to be granted in the majority of Final Restraining Orders in which it is sought. Sought % of All FROs 7, % % of Times Relief % 2. PROHIBITION AGAINST ANY CONTACT OR COMMUNICATION WITH VICTIM This relief prohibits the defendant from making any oral, written, personal, electronic, or other form of contact or communication with the victim by the defendant. This relief continues to be sought and granted in the majority of cases. % of All FROs Sought 7, % % of Times Relief 7, % 23

37 3. PROHIBITION AGAINST ANY CONTACT OR COMMUNICATION WITH OTHERS This relief prohibits defendants from contacting or communicating with those other individuals specified in the FRO. This was sought in 56.0% of the cases and granted in 76.1% of those cases. Sought 4,377 3,332 % of All FROs 56.0% % of Times Relief 76.1% 4. PROHIBITION AGAINST HARASSING COMMUNICATIONS TO VICTIM This relief prohibits direct or indirect harassing communications towards the victim. This relief was sought in 99.4 % of the cases in and was granted in 99.8% of those cases. Sought 7,773 % of All FROs 99.4% % of Times Relief 7, % 24

38 5. PROHIBITION AGAINST HARASSING COMMUNICATIONS TO OTHERS This relief prohibits direct or indirect harassing communications towards others. This relief was sought in 54.2% of the cases in and was granted in 73.8% of those cases. Sought 4,233 3,126 % of All FROs 54.2% % of Times Relief 73.8% 6. POSSESSION OF RESIDENCE TO PLAINTIFF Granting exclusive possession of the residence to the plaintiff was sought 43.7 % of the time and granted 87.2% of the time it was requested. Sought % of All FROs 3, % % of Times Relief 2, % 25

39 7. EMERGENT MONETARY RELIEF-VICTIM Emergent monetary relief for the victim was sought in a very small number of cases and was granted only in 11.0% of those cases. Sought % of All FROs % % of Times Relief 16 11% 8. EMERGENT MONETARY RELIEF-DEPENDENT(S) Emergent monetary relief for dependents was granted in only eight (8) cases. Sought % of All FROs % % of Times Relief 8 9.4% 26

40 9. CHILD CUSTODY Temporary custody of child(ren) was sought in 35.9% of the cases and was granted in 88.5% of those cases. Sought % of All FROs 2, % % of Times Relief 2, % 10. LAW ENFORCEMENT ACCOMPANIMENT OF DEFENDANT TO SCENE-RESIDENCE This relief provides for the availability of a police escort for the defendant back to the scene or residence to gather personal belongings. In, this relief was sought in 38.8% of the cases and was granted in 72.0% of those cases. Sought % of All FROs 3, % % of Times Relief 2, % 27

41 11. LAW ENFORCEMENT ACCOMPANIMENT OF PLAINTIFF TO SCENE-RESIDENCE This relief provides a police escort for the plaintiff back to the scene or residence to obtain personal belongings. In, this relief was sought in 13.2% of the cases, and was granted in 40.2% of those cases. Sought % of All FROs 1, % % of Times Relief % 28

42 The next three subsections (12, 13, 14) report all other appropriate relief that may be granted depending on the individual circumstances of the parties involved in domestic violence cases, e.g., drug and/or alcohol screening, therapy for a child, or the release of important documents, such as birth certificates, passports, or immigration information. 12. OTHER APPROPRIATE RELIEF-PLAINTIFF Sought % of All FROs % % of Times Relief % 13. OTHER APPROPRIATE RELIEF-CHILDREN Sought % of All FROs % 71 % of Times Relief 17.9% 14. OTHER APPROPRIATE RELIEF-DEFENDANT Sought % of All FROs 1, % % of Times Relief 1, % 29

43 15. INTAKE MONITORING OF CONDITIONS OR RESTRAINTS Intake monitoring, which requires frequent contact with victims to determine if restraints are being observed, is rarely sought. In, it was requested in only 2.8% of all cases and was granted in 10.1% of those cases. Limited availability of court staff to provide for the monitoring required by this relief may be the most likely reason for the low incidence of inclusion of this relief in FROs. Sought % of All FROs % % of Times Relief % of Times Relief % 16. PROHIBITION AGAINST WEAPONS POSSESSION - FIREARMS In, prohibition against the possession of firearms was sought in 99.4% of all cases and was granted in 99.7% of those cases. Sought % of All FROs 7, % % of Times Relief 7, % 30

44 17. PROHIBITION AGAINST WEAPONS POSSESSION-OTHER This relief prohibits possession of weapons other than firearms. In, this relief was not sought in any cases. Sought % of All FROs 0 0% % of Times Relief 0 0% 18. SEIZURE OF WEAPONS In, the seizure of weapons was ordered in 93 FROs. # of Cases 93 31

45 19. PROHIBITION AGAINST STALKING - VICTIM In, prohibition against stalking the victim was sought in 99.4% of all cases and was granted in 99.8 % of those cases. Sought % of All FROs 7, % 7,755 % of Times Relief 99.8% 20. PROHIBITION AGAINST STALKING - OTHERS In, prohibition against stalking others was sought in 53.0% of all cases and was granted in 73.4% cases. Sought % of All FROs 4, % % of Times Relief 3, % 32

46 21. CONDITIONS OF PARENTING TIME - FOR DEFENDANT This relief defines the conditions for parenting time between the defendant and minor children while maintaining protection for the plaintiff. In, this relief was sought in 25.0% of all cases and was granted in 93.9% of those cases. Sought % of All FROs 1, % #of Times Relief % of Times Relief 1, % 22. RISK ASSESSMENT ORDERED Risk Assessments are ordered when there is reason to believe that there may be a risk of harm to the child(ren) during parenting time. In, this relief was sought in 7.1 % of cases, and was granted in 79.7% of those cases. Sought % of All FROs % % of Times Relief % 33

47 23. SUSPENSION OF PARENTING TIME-FOR DEFENDANT Suspension of defendant s parenting time was sought in 29.1% cases and was granted in 35.6% of those cases. Sought % of All FROs 2, % % of Times Relief % 24. MONETARY COMPENSATION-EMERGENT SUPPORT Economic relief for victims and their children usually takes the form of interim and/or ongoing support. If a prior support order exists through a divorce or child support civil action, additional reliefs arising from the domestic violence action are likely to be treated as separate from the ongoing support order already in effect. This may account for the fact that emergent support continues to be rarely requested or granted. a. VICTIM - EMERGENT SUPPORT Emergent support for victims ensures that victims are financially able to meet their daily needs. In, this relief was sought in only 1.6% of all cases and was granted in 16.7 % of those cases. Sought % of All FROs % % of Times Relief % 34

48 b. DEPENDENT(S)-EMERGENT SUPPORT Dependent support is a relief available to ensure that minor children are financially supported while the FRO is in effect. In, this relief was sought in only 2.0% of all cases, and was granted in 3.1% of those cases. Sought % of All FROs % % of Times Relief 5 3.1% c. INTERIM SUPPORT - VICTIM-DEPENDENT(S) Interim support may be granted to the victim and dependents as part of the TRO and extended TRO process. Interim support can remain in effect until the FRO is issued. # of Times Interim Support - Victim 12 # of Times Interim Support - Dependents 11 35

49 d. VICTIM - ONGOING SUPPORT Ongoing victim support is monetary relief to ensure that victims are able to attend to their financial needs. In, this relief was sought in only 2.5% of cases and was granted in 47.5 % of those cases. Sought % of All FROs % % of Times Relief % e. DEPENDENT(S) - ONGOING SUPPORT Ongoing dependent support is monetary support of minor children after a Final Hearing has been held and when no other previous orders for support are in effect. In, this relief was sought in 11.3% of all cases and was granted in 75.2% of those cases. Sought % of All FROs % % of Times Relief % 36

50 ADDITIONAL ECONOMIC RELIEF: The next six subsections (f-k) describe additional economic relief available to the plaintiff, dependents, or third parties as defined in the Prevention of Domestic Violence Act. f. VICTIM - COMPENSATORY DAMAGES Victims may be compensated by the defendant for property damages incurred during a domestic violence incident. In, compensatory damages were sought in 2.0% of the cases and granted in 29.21% of those cases. Sought % of All FROs % % of Times Relief % g. VICTIM - PUNITIVE DAMAGES Victims may seek monetary relief from defendant for injuries suffered during a domestic violence incident. In, this was sought in less than one percent of the cases and was granted in four (4) cases. Sought % of All FROs % % of Times Relief % 37

51 h. VICTIM - MEDICAL COVERAGE Medical coverage for victims is available as a relief to ensure that any health benefits are continued, with the cost assessed to the appropriate party and/or available resources. In, this relief was sought in only 1.4% of the cases and granted in 43.5% of those cases. Sought % of All FROs % % of Times Relief % i. DEPENDENT(S) - MEDICAL COVERAGE Medical coverage of dependents is available as a relief to ensure that dependent children can receive necessary treatment for medical conditions. In, this relief was sought in 1.5% of the cases and was granted in 45.5% of those cases. Sought % of All FROs % % of Times Relief % 38

52 j. MONETARY COMPENSATION - THIRD PARTY Compensation by defendant to a third party is available when there has been injury or loss of property affecting a third party as a result of an incident of domestic violence. In, this relief was sought in only 0.4% of the cases and was granted in 17.2% of those cases. Sought % of All FROs % % of Times Relief % k. MONETARY COMPENSATION - VICTIMS OF CRIME COMPENSATION BOARD (VCCB) In, no defendants were ordered to pay fines to the Victims of Crime Compensation Board. This low number is consistent with prior years. In 2009 only 3 defendants was ordered to pay this fine. # Of Times VCCB was Ordered 0 39

53 25. PROFESSIONAL DOMESTIC VIOLENCE COUNSELING-DEFENDANT In, professional domestic violence counseling for defendants was sought in 25.5% of all cases and was granted in 64.0% of those cases. Sought % of All FROs 1, % % of Times Relief 1, % 26. RENT OR MORTGAGE PAYMENTS This relief is available to assist victims and their families in paying for all or part of their rent/mortgage obligations when a restraining order has been issued. In, this relief was sought in 2.3% of the cases and was granted in 19.7% of those cases. Sought % of All FROs % % of Times Relief % 40

54 27. TEMPORARY POSSESSION OF PERSONAL PROPERTY - PLAINTIFF This relief was designed to provide the plaintiff with immediate access to specified personal property (e.g., car, official documents). In, this relief was sought in 8.4% of the cases and was granted 35.4% of the time it was sought. Sought % of All FROs % % of Times Relief % 28. TEMPORARY POSSESSION OF PERSONAL PROPERTY - DEFENDANT This relief is available to assist defendants in retrieving personal property from the residence when a restraining order has been issued. In, this relief was sought in 2.6% of all cases and was granted 43.7% of the time it was sought. Sought % of All FROs % % of Times Relief % 41

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66 SECTION FOUR: POST-DISPOSITIONAL RELIEF (1) DV CRIMINAL CONTEMPTS (FOs) (2) MODIFICATIONS/ENFORCEMENTS (FVs) (3) REOPENED DV FROs/TERMINATIONS (4) DV CONTEMPT SUMMARY 33

67 SECTION FOUR POST-DISPOSITIONAL RELIEF Enforcement of domestic violence TROs or FROs can be pursued either through the criminal contempt process, N.J.S.A.2C:29-9b or N.J.S.A.2C:25-30, or through civil enforcement of litigant s rights, under Rule 1:10-3. Under the criminal statute, violations of any restraints and certain reliefs and conditions of a restraining order require mandatory arrest and criminal prosecution. Violations of other reliefs and conditions are enforceable by the court pursuant to applicable court rules. The Family Division has jurisdiction over disorderly person s domestic violence contempt actions pursuant to N.J.S.A. 2C: 29-2b. This includes contempt charges that were initially indictable but have been downgraded by the Prosecutor s Office in the county of venue. The following section reports the data on those cases. It does not cover indictable contempts of the fourth degree and above, which are handled in the Criminal Division. 1. DOMESTIC VIOLENCE CRIMINAL CONTEMPTS (FOs) A. STATEWIDE FIGURES a. FILINGS The Family Division processed 7,721 disorderly persons criminal contempts in, a increase of 3.83% from Domestic Violence Contempts Filed Year /- Filings 7,436 7, % b. TERMINATIONS Total terminations include those cases in which defendants either entered a guilty plea or were found guilty of disorderly persons contempt charges, as well as those cases in which contempt charges were dismissed, either as part of a plea agreement to a lesser charge (e.g., harassment) at the victim s or prosecutor s request or after a trial and a finding of not guilty. In, the number of contempt terminations increased by 5.66% from Domestic Violence Contempts Closed Year /- Terminations 7,382 7, % 34

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69 COUNTY FIGURES/DV CONTEMPTS (FILINGS) 2009 Atlantic Bergen Burlington Camden Cape May Cumberland Essex Gloucester Hudson Hunterdon Mercer Middlesex Monmouth Morris Ocean Passaic Salem Somerset Sussex Union Warren TOTALS 7,436 7,721 36

70 COUNTY FIGURES/DV CONTEMPTS/(TERMINATIONS) 2009 Atlantic Bergen Burlington Camden Cape May Cumberland Essex Gloucester Hudson Hunterdon Mercer Middlesex Monmouth Morris Ocean Passaic Salem Somerset Sussex Union Warren TOTALS 7,382 7,800 37

71 2. MODIFICATIONS/ENFORCEMENT-FILINGS/(FV) A. STATEWIDE FIGURES The subsections that follow contain detailed information concerning closed cases that were subsequently reopened for review or modification of a final restraining order (FRO), pursuant to a motion to enforce litigant s rights. In, there were 16,140 reopened domestic violence cases, a increase of 2.9% cases from Year Filings Reopened Final Restraining Orders ,794 16,140 +/- +0.9% (1) PROBATION SUPPORT ENFORCEMENT/MODIFICATION/REVIEW This table reflects those cases in which child/spousal support was ordered as part of an FRO payable through the Probation Department and a motion for modification or enforcement was requested by the plaintiff, the defendant, or the Probation Division. # of Cases Motion for Probation Support Review # of Total Post-Disposition Filings 3, % 38

72 (2) OTHER ENFORCEMENT/MODIFICATION/REVIEW The plaintiff or defendant may file for enforcement, modification, or review of a restraining order. A review could include issues such as custody, parenting time, child/spousal support issues, as well as other matters concerning compliance with the court s order. # of Cases Other Enforc/Mod/ Review FRO % of Total Post- Disposition Filings 13, % (3) REACTIVATED Reactivated cases are cases in which parties had been unavailable for further court action for various reasons. The cases were reactivated and reopened when the parties became available. # of Cases Reactivated % of Total Post- Disposition Filings % 39

73 3. REOPENED DOMESTIC VIOLENCE FROs-TERMINATIONS The number of terminations of reopened FROs increased from TERMINATIONS OF REOPENED DOMESTIC VIOLENCE CASES Year /- Terminations 15,612 16, % a. PROBATION SUPPORT ENFORCEMENT/ MODIFICATION REVIEW Plaintiffs or defendants can petition the court for review and modification of child/spousal support ordered in an FRO. # of Cases Probation Support Review % of Total Post- Disposition Terminations 3, % b. OTHER ENFORCEMENT/MODIFICATION/ENFORCEMENT Parties may seek modification of custody and parenting time of a FRO. # of Cases Other Enforcement Modification/Review % of Total Post- Disposition Terminations 8, % 40

74 c. OTHER ENFORCEMENT/MODIFICATION/REVIEW/ FINAL ORDER/DISMISSED The plaintiff may request review/modification or dismissal of the FRO. # of Cases Other Enforcement/Modification Final Order Dismissed % of Total Post- Disposition Terminations 4, % d. INACTIVATED Domestic Violence cases may be inactivated for specific reasons consistent with approved case processing standards. Cases may only be inactivated after a TRO has been issued. # of Cases Inactivated % of Total Dispositions % 41

75 4. DOMESTIC VIOLENCE CONTEMPT/SUMMARY A. STATEWIDE FIGURES In, more domestic violence contempts were filed than were disposed resulting in a slight increase in cases pending from January 1, December 31,. Domestic Violence Contempt Summary Year /- Total Filings 7,436 7, % Total Dispositions 7,382 7, % 42

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79 SUPERIOR COURT-CRIMINAL PART DOMESTIC VIOLENCE STATISTICAL REPORT January 1, - December 31, 44

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81 c 14,521 REPORT 10-A COMPLAINT STAGE DOMESTIC VIOLENCE STATISTICS FROM PROMIS GAVEL Revised to Include Now Available Homicide Case Data Total Count Of Defns Marked w/ 'DV' Tracking Code, 'Y' in the DV-Indicator field or Coded w/ a '2C:29-9b'Charge in the Complaint, Accusation or Direct Indictment From January Through December Number of Defendants Charged: *¹ downgrades/remands 6,079 42% transfer to family 3,186 22% other or pending dispstns 1,830 13% guilty-plea 1,722 12% admin.dismissals 854 6% no bills 607 4% other dismissals 213 1% p.t.i. 21 0% acquittals 4 0% guilty-trial 4 0% insane/incompetent 1 0% 14,521 *¹ NOTE: Defendant Charge Counts: *¹ distribution where at least 1 count was the statute listed 2C: Contempt 4,178 24% 2C: Assault 4,030 23% 2C: Terroristic Threats 3,583 20% 2C: Criminal Mischief 1,495 9% 2C: Burglary 1,089 6% 2C: Criminal Restraint 382 2% 2C: Stalking 315 2% 2C: Criminal Trespass 257 1% 2C: Sexual Assault 159 1% 2C: Criminal Sexual Contact 79 0% 2C: Kidnapping 78 0% 2C: Harassment 66 0% 2C:11-x - Offense Involving Homicide of a Person 27 0% 2C: False Imprisonment 8 0% 2C: Lewdness 2 0% 15,748 Note: 3,351 -or- 80% of all contempt charges were "stand-alone" charges in Promis [no other accompanying statute -or- statute other than those above] or- 10% of these were of statutes other than those listed above. Data reported as of April 18, 2011 from the New Jersey State Promis Gavel Database. ¹ This frequency of represents the number of counts having the above requested statutes. The difference between and is that some cases have multiple counts and thus more than one statute may appear per defendant charged. ex1 - One defendant has 3 counts on a case; 1 count is dismissed via plea bargain while the other 2 are disposed of as guilty-pleas; for this group, the highest priorty dispostion code was used; ex2: Three counts where 2c:29-9 is count 1, 2c:12-1 is count 2 and 2c:13-2 is the charge for count 3; the frequencies above show all three in the '17488' count, but only one in the def/case total (14521). DV.XLS revised: 5/18/2011

82 REPORT 10-B COMPLAINT STAGE DOMESTIC VIOLENCE STATISTICS FROM PROMIS GAVEL Defendants Identified as 'DV' Cases and Initiation Date Recorded From January Through December COUNTY DISTRIBUTION OF 'DV' DEFENDANTS REPORTED Essex 2,190 15% Camden 1,638 11% Passaic 1,209 8% Middlesex 960 7% Monmouth 907 6% Hudson 848 6% Bergen 801 6% Cumberland 776 5% Burlington 743 5% Union 743 5% Gloucester 689 5% Atlantic 688 5% Mercer 522 4% Ocean 478 3% Morris 462 3% Cape May 263 2% Salem 228 2% Warren 171 1% Sussex 112 1% Hunterdon 87 1% Somerset 6 0% Statewide 14,521 DV.XLS revised: 5/18/2011

83 CHART 10 DOMESTIC VIOLENCE COMPLAINTS number of cases in downgrades/remands transfer to family other or pending dispstns guilty-plea admin.dismissals no bills other dismissals by DISPOSITION type p.t.i. acquittals guilty-trial insane/incompetent 1 downgrades/remands transfer to family other or pending dispstns guilty-plea admin.dismissals no bills other dismissals p.t.i acquittals 4 10 guilty-trial 4 11 insane/incompetent 1 reports & charts contain the revised homicide crime data. DV.XLS revised: 5/18/2011

84 REPORT 10-C COMPLAINT STAGE DOMESTIC VIOLENCE STATISTICS FROM PROMIS GAVEL From January Through December admin dwn-grds trnsfr guilty insane other other pending guilty pre-trial Statutes dsmsls acquittals remands family trials disposns no-bills dismsls disposns. disposns_ pleas interventn totals 2C: Contempt ,178 2C:11-x - Offense Involving Homicide of a Person C: Assault ,030 2C: Terroristic Threats ,583 2C: Stalking C: Kidnapping C: Criminal Restraint C: False Imprisonment C: Sexual Assault C: Criminal Sexual Contact C: Lewdness C: Criminal Mischief ,495 2C: Burglary ,089 2C: Criminal Trespass C: Harassment other statute listing ¹ ,740 TOTAL for Dispositions> 1, ,867 3, ,231 2, ,488 *where at least one count had the listed statute. ¹ Promis Gavel Reporting Allows for accompanying charges to be added to defendant cases; thus, these statutes may be charges which are carried along with cases marked with the 'DV' tracking code. 29onlyC subtotals for rept note: ,351 DV.XLS revised: 5/18/2011

85 s 3,769 REPORT 10-X SENTENCING STAGE DOMESTIC VIOLENCE STATISTICS FROM PROMIS GAVEL Revised to Include Now Available Homicide Case Data Total Count Of Defns Marked w/ 'DV' Tracking Code, 'Y' in the DV-Indicator field or Coded w/ a '2C:29-9b' Charge in the Complaint, Accusation or Direct Indictment where the Sentence record has been entered Those Sentenced between January 1, through December 31, Defendant Sentence Statute* C: % Assault 366 2C: % Terroristic Threats 314 2C:29-9 8% Contempt Defendant Disposition Reason 160 2C:33-4 4% Harassment 2,863 guilty-plea 76% 157 2C:18-2 4% Burglary 856 pled to disordrly persons 23% 124 2C:17-3 3% Criminal Mischief 42 guilty-trial 1% 109 2C:18-3 3% Criminal Trespass 7 other dispositions 0% 43 2C: % Stalking 1 dismiss motion other 0% 31 2C:13-2 1% Criminal Restraint 0 acquittals 0% 27 2C:14-2 1% Sexual Assault 0 dismiss plea bargain 0% 26 2C:11-x 1% Offense Involving Homicide of a Person 0 insanity 0% 19 2C:14-3 1% Criminal Sexual Contact 3, C:13-1 0% Kidnapping 2 2C:13-3 0% False Imprisonment 1 2,588 2C:14-4 0% Lewdness *² or- 31.3% were marked as DV cases that had sentencing statutes other than those selected above. COUNTY DISTRIBUTION OF 'DV' DEFENDANTS REPORTED Camden % Passaic % Mercer 249 7% Hudson 248 7% Essex 236 6% Monmouth 222 6% Atlantic 217 6% Middlesex 206 5% Union 197 5% Bergen 161 4% Morris 154 4% Ocean 136 4% Burlington 134 4% Cumberland 88 2% Cape May 86 2% Gloucester 74 2% Salem 67 2% Hunterdon 47 1% Sussex 40 1% Warren 39 1% Somerset 5 0% Statewide 3,769 Note: Data reported as of April 18, 2011 from the New Jersey State Promis Gavel Database. *² Some 'DV' cases were sentenced with statutes other than those selected. DV.XLS revised: 5/18/2011

86 CHART 10-X Those Sentenced between January 1, through December 31, DOMESTIC VIOLENCE SENTENCES C: C: C: C: C: C: C:18-3 2C: C: C: C: C: C: C: number of sentences C:12-1 2C:12-3 2C:29-9 2C:33-4 2C:18-2 2C:17-3 2C:18-3 2C: C:13-2 2C:14-2 2C:11-x 2C:14-3 2C:13-1 2C:13-3 2C:14-4 selected statutes DV.XLS revised: 5/18/2011

87 CHART 10-Y Those Sentenced between January 1, through December 31, guilty-plea 2,863 pled to diso 856 guilty-trial 42 other dispos 7 dismiss mot 1 acquittals 0 dismiss plea 0 insanity 0 Defendant Disposition Reason pled to disordrly persons 22.7% other dispositions 0.2% guilty-trial 1.1% guilty-plea 76.0% DV.XLS revised: 5/18/2011

88 COMPARISON OF CALENDAR YEARS 2008 THROUGH DOMESTIC VIOLENCE STATISTICS Statute % of Chg frm prev-yr % of Chg frm two-yr mark 2C: % % 2C: % % 2C: % % Sentences by Selected Statutes C: % % number of defendants 2C: % % 2C: % % 2C: % % Statute 2C:12-3 2C:33-4 2C:17-3 2C: C:14-2 2C:14-3 2C:13-3 * 2C: % % 2C: % % * 2C: % % 2C:11-x 26 8% % 2C: % % * 2C: % % * 2C: % % C: % Total 2,588 5% 2,466 2,143 21% * Shows a change from previous year of more than a 30% increase or decrease. to2008.xls 5/18/2011

89 COMPARISON OF CALENDAR YEARS 2008 THROUGH DOMESTIC VIOLENCE STATISTICS Reason % of Chg frm prev-yr % of Chg frm two-yr mark guilty-plea % % pled to disordrly persons % % Sentence Dispositions by Reason guilty-trial 42 20% % other dispositions dismiss motion other 7-13% % 1 0% number sentenced 1000 acquittals % guilty-plea pled to disordrly persons guilty-trial other dispositions dismiss motion other acquittals administrative dismissals dismiss plea bargain transfer to family administrative dismissals dismiss plea bargain transfer to family Total 3,769 6% 3,547 3,120 21% * Shows a change from previous year of more than a 30% increase or decrease. to2008.xls 5/18/2011

90 COMPARISON OF CALENDAR YEARS 2008 THROUGH DOMESTIC VIOLENCE STATISTICS Statute 2C: Contempt % of Chg frm prev-yr % of Chg frm two-yr mark % % 2C: Assault % % 2C: Terroristic Threats 2C: Criminal Mischief % % % % Statute Complaint Statistics Num ber of Defe ndan * 2C: Burglary % % 2C: Criminal Restraint 2C: Stalking 2C: Criminal Trespass 2C: Sexual Assault 2C: Criminal Sexual Contact 2C: Kidnapping 2C: Harassment 2C:11-x Offense Involving Homicide of a Person 382 0% % 2C: Contempt 2C: Terroristic T... 2C: Burglary 2C: Stalking 2C: Sexual Assault 2C: Kidnapping 2C:11-x Offense Involvi.. 2C: Lewdness 2C: False Imprisonment % % 257 0% % 159 2% % 79 4% % 78-17% % 66-7% % 27 42% % 8 0% % * 2C: Lewdness 2-50% % Total 15,748 4% 15,147 14,830 6% * Shows a change from previous year of more than a 30% increase or decrease. to2008.xls 5/18/2011

91 COMPARISON OF CALENDAR YEARS 2008 THROUGH DOMESTIC VIOLENCE STATISTICS Reason downgrades/ remands transfer to family other or pending dispstns % of Chg frm prev-yr % of Chg frm two-yr mark % % % % % % guilty-plea % % Complaint Dispositions by Reason admin.dismiss als % % 5000 no bills 607 9% % downgrades/ remands other or pending dispstns admin.dismissals other dismissals other dismissals % % acquittals insane/incompetent * p.t.i % % * acquittals 4-43% % * guilty-trial 4 33% % 0 insane/incomp etent % Total 14,521 4% 14,001 13,550 7% * Shows a change from previous year of more than a 30% increase or decrease. to2008.xls 5/18/2011

92 COMPARISON OF CALENDAR YEARS 2008 THROUGH DOMESTIC VIOLENCE STATISTICS % of Chg frm prev-yr % of Chg frm two-yr mark County Camden 707 1% % Passaic 456 7% % * Mercer % % * Hudson % % Essex 236-3% % Monmouth % % Atlantic 217-5% % Middlesex 206-1% % Union % % Bergen 161-2% % Morris 154 3% % Ocean % % Burlington 134-7% % Cumberland 88-19% % * Cape May 86 39% % * Gloucester 74 32% % Salem 67 18% % Hunterdon 47 7% % Sussex 40-2% % Warren 39-3% % * Somerset 5-64% % Number of Sentences by County number of defendants sentenced Camden Hudson Atlantic Bergen Burlington Gloucester Sussex Total 3,769 6% 3,547 3,120 21% * Shows a change from previous year of more than a 30% increase or decrease. to2008.xls 5/18/2011

93 COMPARISON OF CALENDAR YEARS 2008 THROUGH DOMESTIC VIOLENCE STATISTICS % of Chg frm prev-yr % of Chg frm two-yr mark County Essex % % Camden % % Passaic % % Middlesex 960 4% % Monmouth 907 7% % Hudson 848 6% % Bergen % % Cumberland 776-6% % Burlington 743 6% % Union % % Gloucester 689 3% % Atlantic 688-5% % Mercer 522 5% % Ocean 478-4% % Morris 462-5% % Cape May % % Salem 228-3% % Warren % % Sussex 112 1% % Hunterdon 87 0% % Somerset 6 20% % Number of Complaints by County number of complaints Essex Middlesex Bergen Union Mercer Cape May Sussex Total 14,521 4% 14,001 13,550 7% * Shows a change from previous year of more than a 30% increase or decrease. to2008.xls 5/18/2011