Dating violence policy nj
A police officer may arrest a person or may sign a criminal complaint against that person, or may do both, where there is probable cause to believe that an act of domestic violence has been committed but none of the conditions in Section II. If an officer sees or learns that a weapon is present within the premises of a domestic violence incident and reasonably believes that the weapon would expose the victim to a risk of serious bodily injury, the officer should attempt to gain possession of the weapon. The victim may file A domestic violence complaint alleging the defendant committed an act of domestic violence and asking for court assistance to prevent its recurrence by asking for a temporary restraining court order (TRO) or other relief; Where transportation of the victim to the Superior Court is not feasible, the officer should telephone the designated court by telephone for an emergent temporary restraining order in accordance with established procedure.
If the weapon is not in plain view but is located within the premises jointly possessed by both the domestic violence assailant and the domestic violence victim, the officer should obtain the consent, preferably in writing, of the domestic violence victim to search for and to seize the weapon. If the police officer believes that a no-contact order should be issued, the officer should inform the court of the circumstances justifying such request when the criminal complaint is being processed and bail is about to be set.
Please use the sites linked below to learn more about sexual assault, partner abuse, and dating violence.
You can increase your understanding of these issues, learn more about the services available at Montclair State University and in the community, and: MSU Sexual Assault Response Team Learn more about your rights as a victim of sexual assault, including available medical and counseling resources as well as your options to pursue criminal, civil, or University disciplinary charges.
The victim should be referred to the Family Division Case Management Office to pursue this civil enforcement of the court order.
According to the New Jersey Model Policy and Guidance for Incidents Involving Dating Violence, dating violence means a pattern of behavior where one person threatens to use, or actually uses physical, sexual, verbal or emotional abuse to control a dating partner.
These general guidelines consolidate the police response procedures for domestic violence cases, including abuse and neglect of the elderly and disabled, based on State law, Court Rules, and the Domestic Violence Procedures Manual which was jointly prepared by the New Jersey Supreme Court and the Attorney General through the Division of Criminal Justice.
AN UNEMANCIPATED MINOR WHO COMMITS AN ACT OF DOMESTIC VIOLENCE MAY NOT BE PROSECUTED AS A DOMESTIC VIOLENCE DEFENDANT BUT CAN BE PROSECUTED UNDER THE JUVENILE DELINQUENCY LAWS.
If the domestic violence assailant or the possessor of the weapon refuses to surrender the weapon or to allow the officer to enter the premises to search for the named weapon, the officer should obtain a Domestic Violence Warrant for the Search and Seizure of Weapons. When either a criminal or domestic violence complaint is signed, a Victim/Witness Notification Form is to be completed by the person assisting the victim, either the police officer or a member of the court staff.
There is probable cause to believe that the terms of a no contact court order have been violated.
If the victim does not have a copy of the court order, the officer may verify the existence of an order with the appropriate law enforcement agency.
The officer should: Where a court order had been issued but was not served upon the defendant because the defendant could not then be located but the defendant is now at the scene, police should follow Paragraphs A.2-5 above.
The return of service should then be faxed back to the sheriff's department in the issuing county, which in turn must immediately deliver or fax the return of service to the Family Division in the issuing county.