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Restraining Order Form - PowerPoint

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Restraining Order Form - PowerPoint Powered By Docstoc
					Rev. 2/05
       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
Rev. 2/05
       Completing the
Domestic 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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            Victim’s 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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            Defendant’s Information




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

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       The victim must explain in detail what happened.
       e.g. If victim wrote she was assaulted, this does not
              What Happened?
       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
  Rev. 2/05
            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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 The officer checks the appropriate boxes in these two columns
 if the victim wants this relief now or in the final hearing.
         Domestic Violence Relief
 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
   Rev. 2/05

  item
            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
•    The restraining order includes an
                             in detail so police know
                               exactly that can
     administrative search warrant what is to be
     be used to enter premises & to seize
                              seized. Avoid phrases
     named weapons         such as: any & all 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



Rev. 2/05
Rev. 2/05

				
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