Guide to "Family Law" in New Jersey

Paul G. Kostro, Esq.

 

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N.J. Domestic Violence Procedures Manual


The N.J. Domestic Violence Procedures Manual (including an Appendix) is available on the WEB, in PDF format -- however, be warned that it is 13.18 MB large. If you want to access the N.J. Domestic Violence Procedures Manual in its entirety, click here; if you want to see a summary [from the Office of the Attorney General] of the N.J. Domestic Violence Procedures Manual, click here.

The Division of Criminal Justice also published its Guidelines on Police Response Procedures in Domestic Violence Cases.

The Index to the Procedures Manual and its Appendix is:

DOMESTIC VIOLENCE PROCEDURES MANUAL
TABLE OF CONTENTS

Introduction

Section I - Definitions

Section II - Initial Procedures

2.1 Where, When and How Domestic Violence Complaints Are To Be Filed

2.2 Application for a Temporary Restraining Order

2.3 Where to File a Criminal Complaint with an Accompanying TRO Application and Complaint

2.4 Where to File a Criminal Complaint When There Is No Accompanying Complaint/TRO

Section III - Law Enforcement

A. Introduction -- Domestic Violence Performance Standards

3.1 Domestic Violence Policy and Procedures

3.2 Response to Domestic Violence Incidents

3.3 Receipt and Processing of Domestic Violence Complaints

3.4 Domestic Violence Arrests

3.5 Weapons relating to Domestic Violence Incidents

3.6 Reporting of Domestic Violence Incidents

3.7 Training

B. Guidelines on Police Response Procedures in Domestic Violence Cases

3.8 Mandatory Arrest

3.9 Discretionary Arrest

3.10 Seizure of Weapons

3.11 Domestic Violence Complaint Process

3.12 Procedure for Filing Reports

3.13 Temporary Restraining Court Orders

3.14 Service of Temporary Restraining Order

3.15 Court Order Violations

3.16 Criminal Offenses Against the Elderly and Disabled

3.17 Guidelines on Prosecutorial Procedure Regarding Weapons Seized in Domestic Violence Cases

Section IV - Court Procedures

4.1 Municipal Court Procedure

4.2 Superior Court, Family Part Processing

4.3 Taking a Complaint in Superior Court, Family Part

4.4 Access in Special Circumstances

4.5 Initial/Emergent Hearing

4.6 Procedures for Service of Complaint/TRO/FRO

4.7 Service Out of County

4.8 Appeals of Ex Parte Orders

4.9 Procedures for Final Hearings

4.10 Appearance by Both Parties

4.11 Transfer of Matters Between Counties

4.12 Final Hearing

4.13 Dispositions

4.14 Remedies Available Under the Act

4.15 Civil Penalty

4.16 Fingerprinting and Processing

4.17 After an FRO Has Been Entered

4.18 Service of FRO

4.19 Requests for Dismissal or Reopening

Section V - Weapons

5.1 Weapons in General

5.2 Mandatory Arrest

5.3 Seizure of Weapon for Safekeeping

5.4 Seizure of Weapons Pursuant to Court Order

5.5 Seizure of Weapons used in Commission of a Criminal Offense

5.6 Seizure of Weapons Pursuant to N.J.S.A. 2C:25-21d

5.7 Seizure of Weapons Outside the County Where the Domestic Violence Restraining Order was Issued

5.8 Seizure of Weapons from Law Enforcement Officers Involved in a Domestic Violence Incident

5.9 Restrictions on Return of Firearms

5.10 Warrant for the Search and Seizure of Weapons

5.11 Notice to the Prosecutor

5.12 Hearing Regarding Weapons

Section VI - Enforcement and Modification of Restraining Orders

6.1 Enforcement and Modification

6.2 Criminal Contempt

6.3 Enforcement of Litigant's Rights Proceeding

6.4 Contempt in Superior Court, Family Part

Section VII - Full Faith and Credit of Out of State Orders

7.1 Federal Statutory Overview

7.2 Protection Orders Covered by Section 2265

7.3 New Jersey Law and Procedure

7.4 Process

7.5 Outgoing Orders

Section VIII - Working Groups

Appendix List

 

DOMESTIC VIOLENCE PROCEDURES MANUAL
APPENDIX LIST

1. Victim Information Sheet
2. Temporary Restraining Order and Instructions
3. Domestic Violence Hearing Officer Standards
4. Aid in Identifying Firearms
5. *Victim Notification Form
6. Summary of Electronic TRO
7. *Confirmatory Order
8. Appeal of Ex Parte Order - Application for Appeal and Order
9. Continuance Order
10. Final Restraining Order
11. Notice of Fingerprinting Requirements
12. "What Dissolving a Restraining Order Means"
13. Certification to Dismiss Complaint/TRO
14. Order of Dismissal
15. Risk Assessment
16. Protective Order (custody reports)
17. *Attorney General Law Enforcement Directive 2000-3 and 2000-4
18. *Affidavit in Support of Domestic Violence Search Warrant (Law Enforcement)
19. *Domestic Violence Warrant for Search and Seizure of Weapons (Law Enforcement)
20. Child Support Hearing Officer Standard 7
21. Verification and Certification for Out of State Restraining Orders
22. Domestic Violence Central Registry FACTS Inquiry Guide
23. *Checklist for Law Enforcement Officers
24. *Supplementary Domestic Violence Offense Report
25. Guide to Services for Victims of Domestic Violence
26. Safety Plan Brochure
27. Batterers Intervention Program Guidelines
28. *Attorney General Guidelines for Enforcement of Out of State Restraining Orders
29. State Police Phone Numbers by State
30. State Administrative Offices of the Court by state

*The Division of Criminal Justice prepared the items marked with an asterisk.


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© Paul G. Kostro, Esq. 2005