STATE OF NEW JERSEY DOMESTIC VIOLENCE PROCEDURES MANUAL

Transcription

1 STATE OF NEW JERSEY DOMESTIC VIOLENCE PROCEDURES MANUAL Issued under the Authority of the Supreme Court of New Jersey and the Attorney General of the State of New Jersey July 2004

2 This revised edition of the Sea Jersey Domestic Violence Procedures IvIanuai p-ovid~s procedural guidance for law enfclrcement officials. lodges and pdicrarq staff in ~~~~~~~~~~~~ [he RPaiention of Domestic Violence Act. It is designed to facilitate rhe prompt resolution of domestic violence matters ard provide efkctive relief :o the victi~ns of domestic irslence. 'The ;5llanual is issued joiratlq bj the Judiciary and the De?aslment of Law a d Publrc Met) to provide seaanless sjsten of case handling. Since it was first tssued in 199 i, the Domestic Viotcnce Procedures Manual has ncen upddted penodrcall~ to reflect amendments 10 the stawe, charages iu court mles. and neu practices designed to ensure the most efficient management and dispos;tion gf these ~~~~~~n~ miiters. This edition supcrsedcs the 1998 h4anuai ;n its entirety, as wcli as all previous editions The changes from the 1998 edilion are summarized in the introductmn. Sem Jersey has strong laws and pxotectnve processes for victjrns of domestsc viniance Users ~ f ~ Manual h i ~ uili find that it uijl enable them to implement those laws sffectikelj. YiJSi :ontnn~ed siapport of this program is very much appreciated. Chief Justrce

3 DOMESTIC VIOLENCE PROCEDURES MANUAL TABLE OF CONTENTS Introduction Section I - Definitions Section I1 - Initial Procedures Where, When and How Domestic Violence Complaints Are To Be Filed Application for a Temporary Restraining Order Where to File a Criminal Complaint with an Accompanying TRO Application and Complaint Where to File a Criminal Complaint When There Is No Accompanying ComplaintITRO Section I11 - Law Enforcement A B Introduction -- Domestic Violence Performance Standards Domestic Violence Policy and Procedures Response to Domestic Violence Incidents Receipt and Processing of Domestic Violence Complaints Domestic Violence Arrests Weapons relating to Domestic Violence Incidents Reporting of Domestic Violence Incidents Training Guidelines on Police Response Procedures in Domestic Violence Cases Mandatory Arrest Discretionary Arrest 3.10 Seizure of Weapons 11

4 Domestic Violence Complaint Process Procedure for Filing Reports Temporary Restraining Court Orders Service of Temporary Restraining Order Court Order Violations Criminal Offenses Against the Elderly and Disabled Guidelines on Prosecutorial Procedure Regarding Weapons Seized in Domestic Violence Cases Section IV - Court Procedures Municipal Court Procedure Superior Court, Family Part Processing Taking a Complaint in Superior Court, Family Part Access in Special Circumstances InitiaVEmergent Hearing Procedures for Service of Complaint/TRO/FRO Service Out of County Appeals of Ex Parte Orders Procedures for Final Hearings Appearance by Both Parties Transfer of Matters Between Counties Final Hearing Dispositions Remedies Available Under the Act Civil Penalty

5 4.16 Fingerprinting and Processing 4.17 After an FRO Has Been Entered Service of FRO 4.19 Requests for Dismissal or Reopening Section V -Weapons Weapons in General Mandatory Arrest Seizure of Weapon for Safekeeping Seizure of Weapons Pursuant to Court Order Seizure of Weapons used in Commission of a Criminal Offense Seizure of Weapons Pursuant to N.J.S.A. 2C:25-21d Seizure of Weapons Outside the County Where the Domestic Violence Restraining Order was Issued Seizure of Weapons &om Law Enforcement Officers Involved in a Domestic Violence Incident Restrictions on Return of Firearms Warrant for the Search and Seizure of Weapons Notice to the Prosecutor Hearing Regarding Weapons Section VI - Enforcement and Modification of Restraining Orders 6.1 Enforcement and Modification 6.2 Criminal Contempt Enforcement of Litigant s Rights Proceeding Contempt in Superior Court, Family Part iv

6 Section VII - Full Faith and Credit of Out of State Orders 7.1 Federal Statutory Overview Protection Orders Covered by Section 2265 New Jersey Law and Procedure 7.4 Process 7.5 Outgoing Orders Section VIII - Working Groups Appendix List V