DOMESTIC VIOLENCE

DOMESTIC VIOLENCE AGAINST ELDERLY - New Jersey

Criminal Offenses against the Elderly and Disabled

Domestic Violence Attorneys Where an elderly or disabled person is subjected to a criminal offense listed as an act of domestic violence, police shall follow the appropriate procedure.

Where the actions or omissions against an elderly or disabled person do not meet the domestic violence conditions, police may file appropriate criminal charges against the offender.

A person may be charged with Endangering the Welfare of the Elderly or Disabled, N.J.S.A. 2C:24-8, if the person has:

1) A legal duty to care for or has assumed continuing responsibility for the care of a person who is:

   

a.    60 years of age or older, or

b.    emotionally, psychologically or physically disabled, and

2) The person unreasonably neglects or fails to permit to be done

3) Any act necessary for the physical or mental health of the elderly or disabled person

  

  

RESTRAINING ORDER

What Happens After Obtaining a Restraining Order?

Service of Temporary Restraining Order (no-contact order)

A.    When the victim obtains a no-contact court order but the defendant had not been arrested by police and is present at the scene, the officer should:

  1.    Escort the victim to his or her home.

  2.    Read the conditions of the court order to the defendant if the defendant is present.

  3.    Order the defendant to vacate the premises.

  4.    Give the defendant a reasonable period of time to gather personal belongings, unless the court order includes specific limits on time or duration.

  5.    Arrest the defendant if required by the court order or if defendant refuses to comply with the order.

B.    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.

C.    When a temporary or final restraining order is issued that requires service outside the issuing county,

  1.    The restraining order, along with the complaint and any other relevant documents (e.g. search warrant, etc.) must immediately be brought or faxed to the sheriff's department in the issuing county.

     a)    The sheriff's department in the issuing county must similarly bring or fax the order and related documents to the sheriff's department in the county of the defendant's residence or business.

     b)    the sheriff's department in the receiving county, pursuant to local policy, will either

         1.    execute service on the defendant or

         2.    will immediately bring or fax the order and related documents to the police department in the municipality in which the defendant resides or works so that it can execute service accordingly.

     c)    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.

  2.    When the service of a restraining order results in the seizure of weapons,

     a)    The weapons inventory should be attached to the return of service that is brought or faxed back to the issuing county.

     b)    The weapons themselves, along with any licenses, I.D. cards, or other paperwork or documentation shall be secured by the prosecutor in the seizing county for storage. At such time that the seized property is needed by the prosecutor or Family Division in the issuing county, the prosecutor in the seizing county shall forward same.

  3.    Once service on the defendant is attempted, successfully or unsuccessfully, the return of service portion of the TRO (located on the back of the last page of the multipart TRO form) must be filled out by the police or sheriff's department and immediately returned to the Family Division prior to the scheduled final hearing date.

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

SIEZURE OF WEAPONS

NJ DOMESTIC VIOLENCE - SIEZURE OF WEAPONS

Seizure of a Weapon for Safekeeping.

Restraining Order Attorneys

A.    A police officer who has probable cause to believe that an act of domestic violence has been committed may:

1) Question all persons present to determine whether there are weapons, as defined in N.J.S.A. 2C:39- 1r, on the premises.

2) 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

3) If the weapon is in plain view, the officer should seize the weapon.

4) 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.

5) If the weapon is not located within the premises jointly possessed by the domestic violence victim and assailant but is located upon other premises, the officer should attempt to obtain possession of the weapon from the possessor of the weapon, either the domestic violence assailant or a third party, by a voluntary surrender of the weapon.

6) 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.

B.    Seizure of a Weapon Pursuant to Court Order.

1) If a domestic violence victim obtains a court order directing that the domestic violence assailant surrender a named weapon, the officer should demand that the person surrender the named weapon.

2) If the domestic violence assailant or the possessor of the weapon refuses to surrender the weapon, the officer should:

-- inform the person that the court order authorizes a search and seizure of the premises for the named weapon, and

-- arrest the person, if the person refuses to surrender the named weapon, for failing to comply with the court order, N.J.S.A. 2C:29- 9

-- conduct a search of the named premises for the named weapon.

3)  The officer must append an inventory of seized weapons to the domestic violence offense report.

4) Weapons seized by a police officer must be promptly delivered to the county prosecutor along with a copy of the domestic violence offense report and, where applicable, the domestic violence complaint and temporary restraining order.

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Should you require representation for your Restraining Order, call today for your free consultation with a NJ Domestic Violence Attorney at 800-709-1131. Or visit our website to submit your request www.simonattorneys.com