Completing the Domestic Violence Complaint

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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

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Completing theDomestic Violence Complaint
Application for a Temporary Restraining Order

• Prepared by
• Prosecutors Supervision Coordination Bureau
• Division of Criminal Justice

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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

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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

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Temporary Restraining Order

• If victim wants temporary restraining order,
  officer should assist victim
• Explain procedure
• Contact appropriate judge

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Defendants Information

• Officer should ask victim for relevant
  information to complete this portion of form

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What Happened?
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.

• This portion of form should provide the officer
  with sufficient detail to determine what criminal
  offense had occurred

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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

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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

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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

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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.

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Domestic Violence Relief
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.

• 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

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Part I Relief

• The officer must stress to victim to contact the
  police if defendant violates any provisions of
  the restraining order

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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

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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.

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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

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Search Warrant
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

• The restraining order includes an administrative
  search warrant that can be used to enter premises
  to seize named weapons

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Where to Search?

• Location to be searched must be in sufficient
  detail so police know where to search

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When Search Is To Take Place?

• Officer should include time when warrant is to
  be executed

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Part II Relief

• Officer must review this block with victim

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Plaintiff Relief

• Victim may be granted temporary possession of
  personal property

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Notice To Appear

• The judge will provide the officer with this date
  for the court appearance

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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

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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

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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

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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

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Any Questions?

• Thank You

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