Presentation on theme: "Rev. 2/05. For Use in Law Enforcement Training Only This training program was developed by the New Jersey Division of Criminal Justice This training program."— Presentation transcript:
For Use in Law Enforcement Training Only This training program was developed by the New Jersey Division of Criminal Justice This training program is intended only for use by law enforcement agencies For further information, please contact Prosecutors Supervision & Coordination Bureau at 609 984-6500
Rev. 2/05 Completing the Domestic Violence Complaint & Application for a Temporary Restraining Order Prepared by Prosecutors Supervision & Coordination Bureau Division of Criminal Justice
Rev. 2/05 Police Response Officer who responds to a domestic violence call has important function to perform Officer must keep in mind that the victim may be experiencing a very emotional and traumatic time
Rev. 2/05 Victims Rights Officer must inform victim of rights under State domestic violence laws Victim has right to file criminal charges victim has right to obtain a temporary restraining order
Rev. 2/05 Temporary Restraining Order If victim wants temporary restraining order, officer should assist victim Explain procedure Contact appropriate judge
Rev. 2/05 Defendants Information Officer should ask victim for relevant information to complete this portion of form
Rev. 2/05 What Happened? This portion of form should provide the officer with sufficient detail to determine what criminal offense had occurred The victim must explain in detail what happened. e.g. If victim wrote she was assaulted, this does not explain how she was injured. If she said her husband punched her in the mouth with his fist, this provides the necessary details.
Rev. 2/05 What Criminal Offenses Occurred? The officer should check all appropriate boxes where probable cause substantiates the charges Only listed 14 offenses activate the protections of the domestic violence laws However, if defendant committed other criminal offenses, police should also charge those offenses
Rev. 2/05 Important Background Information Before issuing a restraining order, the judge needs to know important background information Officer should check Domestic Violence Central Registry to determine if any outstanding DV restraining orders
Rev. 2/05 Any Weapons Seized? It is important for the judge to know if police had responded to a domestic violence call & if weapons were seized and if defendant was arrested
Rev. 2/05 Threshold Criteria Blocks 6, 7 & 8 establish the threshold criteria for determining if the person qualifies as a domestic violence victim entitled to statutory relief.
Rev. 2/05 Domestic Violence Relief The officer must explain to victim what relief she is entitled to under the domestic violence law both now for a temporary restraining order & for a final restraining order Note: If the officer had neglected to mention a specific form of relief to the judge, the officer must contact the judge again for approval regarding that item The officer checks the appropriate boxes in these two columns if the victim wants this relief now or in the final hearing. When the officer speaks with the judge, the judge will instruct the officer to check the appropriated granted boxes.
Rev. 2/05 Part I Relief The officer must stress to victim to contact the police if defendant violates any provisions of the restraining order
Rev. 2/05 Surrender of Weapons The officer should explain to victim that the purpose of seizing weapons is to protect her & her children from any harm that could result in a highly emotional incident The officer should ask the victim what weapons the defendant has which she is fearful that he might use against her
Rev. 2/05 Relief For Victim The domestic violence laws can provide the victim with certain forms of relief, such as shelter, custody of children, means of support, etc.
Rev. 2/05 Police Officer Responsibilities The court may order the officer to accompany either party to a specific location to retrieve specified property for a limited time period
Rev. 2/05 Search Warrant The restraining order includes an administrative search warrant that can be used to enter premises & to seize named weapons Must comply with 4th Amendment Standards Must comply with 4th Amendment Standards Weapons must be described in detail so police know exactly what is to be seized. Avoid phrases such as: any & all weapons Weapons must be described in detail so police know exactly what is to be seized. Avoid phrases such as: any & all weapons
Rev. 2/05 Where to Search? Location to be searched must be in sufficient detail so police know where to search
Rev. 2/05 When Search Is To Take Place? Officer should include time when warrant is to be executed
Rev. 2/05 Part II Relief Officer must review this block with victim
Rev. 2/05 Plaintiff Relief Victim may be granted temporary possession of personal property
Rev. 2/05 Notice To Appear The judge will provide the officer with this date for the court appearance
Rev. 2/05 Certification The victim must sign certification before the officer contacts the on-call judge Judge will place victim under oath & review the requested relief with her
Rev. 2/05 Return of Service When defendant is served with copy of restraining order, or if order could not be served Officer must complete appropriate section in Return of Service
Rev. 2/05 Defendant Must Sign When the defendant is served with a copy of the restraining order, the officer should instruct the defendant to sign the statement acknowledging that he knows he is not to have any contact with the victim
Rev. 2/05 If Judge Denies TRO Officer should explain to victim She can re-file domestic violence complaint in Family Part based on this incident, and She can receive an emergent hearing before the Family Part judge when court is in session