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
Rev. 2/05
 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

Rev. 2/05
 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

Rev. 2/05
 Temporary Restraining
Order
• If victim wants temporary
restraining order, officer should
assist victim
• Explain procedure
• Contact appropriate judge

Rev. 2/05
 Defendant’s Information

• Officer should ask victim for relevant

information to complete this portion of
form

Rev. 2/05
 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

Rev. 2/05
 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
Rev. 2/05
 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

Rev. 2/05
 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.
Rev. 2/05
 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

Rev. 2/05
 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
Rev. 2/05
 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.
Rev. 2/05
 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
Rev. 2/05
 Search Warrant
Must comply with
4th Amendment
Standards

Weapons must be described

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

Rev. 2/05
 Where to Search?

• Location to be searched must be in

sufficient detail so police know where to
search

Rev. 2/05
 When Search Is To Take
Place?

• Officer should include time when

warrant is to be executed

Rev. 2/05
 Part II Relief

• Officer must review this block with

victim

Rev. 2/05
 Plaintiff Relief

• Victim may be granted temporary

possession of personal property

Rev. 2/05
 Notice To Appear

• The judge will provide the officer with

this date for the court appearance

Rev. 2/05
 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
Rev. 2/05
 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
Rev. 2/05
 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

Rev. 2/05
 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
Rev. 2/05
 Any Questions?

Thank You

Rev. 2/05
Rev. 2/05