VIOLATING A RESTRAINING ORDER

VIOLATING A RESTRAINING ORDER

Where a police officer determines that a party has violated an existing restraining order either by committing a new act of domestic violence or by violating the terms of a court order, the officer must :

Violating Restraining Order Attorneys

    1.    Arrest and transport the defendant to the police station.

    2.    Sign a criminal contempt charge concerning the incident on a complaint-warrant (CDR-2).

    3.    The officer should sign a criminal complaint for all related criminal offenses. (The criminal charges should be listed on the same criminal complaint form that contains the contempt charge.)

    4.    Telephone, communicate in person or by facsimile with the appropriate judge or bail unit and request bail be set on the contempt charge.

        a.    During regular court hours, bail should be set by the emergent duty Superior Court judge that day.

        b.    On weekends, holidays and other times when the court is closed, bail should be set by the designated emergent duty Superior Court judge except in those counties where a municipal court judge has been authorized to set bail for non-indictable contempt charges by the assignment judge.

        c.    When bail is set by a judge when the courts are closed, the officer shall arrange to have the clerk of the Family Part notified on the next working day of the new complaint, the amount of bail, the defendant's whereabouts and all other necessary details.

        d.    If a municipal court judge set the bail, the arresting officer shall notify the clerk of that municipal court of this information.

    5.    If the defendant is unable to post bail, take appropriate steps to have the defendant incarcerated at police headquarters or the county jail.

    6.    Where the officer deems there is no probable cause to arrest or sign a criminal complaint against the defendant for a violation of no contact court order, the officer must advise the victim of the procedure for completing and signing a criminal complaint alleging a violation of the court order.

        a.    During regular court hours, the officer should advise the victim that the complaint must be filed with the Family Part of the Chancery Division of Superior Court.

        b.    On weekends, holidays and other hours when the court is closed.

            1.    the officer should transport or arrange for transportation to have the victim taken to headquarters to sign the complaint;

            2.    the alleged offender shall be charged with contempt of a domestic violence court order, N.J.S.A. 2C:29-9. The victim must sign the complaint. A complaint-warrant (CDR-2) must be prepared;

            3.    the officer in charge shall follow standard police procedure in arranging to have a court set bail.

    7.    Civil complaint against the defendant for violations of a court order pertaining to support or monetary compensation, custody, visitation or counseling. The victim should be referred to the Family Division Case Management Office to pursue this civil enforcement of the court order.

 Should you require an attorney for a Restraining Order, call today for your free consult. 800-709-1131 or submit your information via our website www.simonattorneys.com

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