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Directives and Procedures, NJ AG, 2014

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ALCOHOLIC BEVERAGE
CONTROL HANDBOOK
FOR RETAIL LICENSEES

State of New Jersey
DEPARTMENT OF LAW & PUBLIC SAFETY
OFFICE OF THE ATTORNEY GENERAL
DIVISION OF ALCOHOLIC BEVERAGE CONTROL
140 EAST FRONT STREET
P.O. BOX 087
TRENTON, NJ 08625-0087
(609) 984-2830
www.nj.gov/oag/abc

ALCOHOLIC BEVERAGE CONTROL HANDBOOK
For Retail Licensees
(Revised June, 2014)
TABLE OF CONTENTS

SUBJECT

PAGE

STAFF DIRECTORY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PUBLICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A.B.C. BULLETINS & INFORMATION . . . . . . . . . . . . . . . . . . .
A.B.C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A.B.C. BULLETINS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A.B.C. INVESTIGATIONS BUREAU . . . . . . . . . . . . . . . . . . . . .
AD INTERIM PERMIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ADVERTISING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AGE LIMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AGE TO PURCHASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ALCOHOL CONTENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ALCHOLIC BEVERAGE CONTROL BOARDS . . . . . . . . . . . . . . .
ALCOHOLIC BEVERAGES . . . . . . . . . . . . . . . . . . . . . . . . . .
APPEALS FROM DIRECTOR’S DECISIONS . . . . . . . . . . . . . . . .
APPEALS FROM LICENSING ACTION BY MUNICIPALITIES . . . . .
APPEALS FROM MUNICIPALLY-IMPOSED LICENSE SUSPENSIONS
APPLICATION FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ATHLETIC TEAM SPONSORS . . . . . . . . . . . . . . . . . . . . . . . .
ATLANTIC CITY CASINOS . . . . . . . . . . . . . . . . . . . . . . . . . .
ATLANTIC CITY LICENSES . . . . . . . . . . . . . . . . . . . . . . . . .
AUTOMATIC DISPENSERS . . . . . . . . . . . . . . . . . . . . . . . . . .
BACKING UP DRINKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BANKRUPTCY OF LICENSEE . . . . . . . . . . . . . . . . . . . . . . . .
BARRING PATRONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BARROOM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BINGO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BOATS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BOOKS OF ACCOUNT . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BORROWING ALCOHOLIC BEVERAGES . . . . . . . . . . . . . . . . .
BOWLING TOURNAMENTS . . . . . . . . . . . . . . . . . . . . . . . . .
BRAND REGISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . .
BREW PUBS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BROAD PACKAGE PRIVILEGE . . . . . . . . . . . . . . . . . . . . . . .
BULLETINS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BUS TRIPS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BUYING A LICENSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B.Y.O.B. (BRING YOUR OWN BOTTLE) . . . . . . . . . . . . . . . . . .
CANDY, LIQUORED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CARD PLAYING/DART GAMES . . . . . . . . . . . . . . . . . . . . . . .
CATERING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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vi
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SUBJECT
CHECK CASHING . . . . . . . . . . . . . . . . . . . .
CLAW AND CRANE MACHINES . . . . . . . . . . . .
CLOSE-OUT SALES . . . . . . . . . . . . . . . . . .
CLOSING AND OPENING TIME . . . . . . . . . . . .
CLUB LICENSE . . . . . . . . . . . . . . . . . . . . . .
C.O.D . . . . . . . . . . . . . . . . . . . . . . . . . . . .
COMBINATION SALES . . . . . . . . . . . . . . . . .
COMPLAINTS . . . . . . . . . . . . . . . . . . . . . . .
COMPLIMENTARY DRINKS . . . . . . . . . . . . . .
CONCESSIONAIRE’S AGREEMENT . . . . . . . . .
CONFLICT LICENSE . . . . . . . . . . . . . . . . . . .
CONSUMPTION OFF LICENSED PREMISES . . . . .
CONTENT AND SIZE OF DRINK . . . . . . . . . . .
CONTEST PRIZES . . . . . . . . . . . . . . . . . . .
CONTESTS . . . . . . . . . . . . . . . . . . . . . . . .
CONTRIBUTIONS . . . . . . . . . . . . . . . . . . . .
COOKING ALCOHOL . . . . . . . . . . . . . . . . . .
CO-OP ADVERTISING . . . . . . . . . . . . . . . . . .
CO-OP PURCHASING . . . . . . . . . . . . . . . . . .
CORPORATE STRUCTURE CHANGE . . . . . . . . .
COST . . . . . . . . . . . . . . . . . . . . . . . . . . . .
COUPONS . . . . . . . . . . . . . . . . . . . . . . . . .
COVER CHARGES . . . . . . . . . . . . . . . . . . . .
CRANE MACHINES . . . . . . . . . . . . . . . . . .
CREDIT CARDS . . . . . . . . . . . . . . . . . . . . . .
CREDIT PRACTICES . . . . . . . . . . . . . . . . . . .
CREDIT COMPLIANCE INFORMATION . . . . . . .
CURRENT PRICE LIST . . . . . . . . . . . . . . . . .
DEATH OF LICENSEE . . . . . . . . . . . . . . . . . .
DISPLAYS . . . . . . . . . . . . . . . . . . . . . . . . .
DIVISION OF ALCOHOLIC BEVERAGE CONTROL
DOCUMENTS AND RECORDS . . . . . . . . . . . . .
DONATIONS OF ALCOHOLIC BEVERAGES . . . . .
DRESS CODE . . . . . . . . . . . . . . . . . . . . . . .
DRIVE-IN WINDOW SALES . . . . . . . . . . . . . .
E-141-A FORM . . . . . . . . . . . . . . . . . . . . . .
ELIGIBILITY, DETERMINATION OF . . . . . . . . .
EMPLOYEE . . . . . . . . . . . . . . . . . . . . . . . .
EMPLOYEE LIST . . . . . . . . . . . . . . . . . . . . .
EMPLOYER RESPONSIBILITY. . . . . . . . . . . . .
ENTERTAINERS . . . . . . . . . . . . . . . . . . . . .
EXCLUDING PATRONS . . . . . . . . . . . . . . . . .
EXTENSION OF LICENSE . . . . . . . . . . . . . . . .
EXTENSION OF PREMISES . . . . . . . . . . . . . .
FALSE IDENTIFICATION . . . . . . . . . . . . . . . .
FEES . . . . . . . . . . . . . . . . . . . . . . . . . . .
FETAL ALCOHOL WARNING . . . . . . . . . . . . .

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SUBJECT
FINGERPRINTING . . . . . . . . . . . . . . . . . . . .
FOOTBALL POOLS . . . . . . . . . . . . . . . . . . .
FREE DRINKS . . . . . . . . . . . . . . . . . . . . . . .
FREE FOOD . . . . . . . . . . . . . . . . . . . . . . . .
GAMBLING . . . . . . . . . . . . . . . . . . . . . . . .
GIFT CERTIFICATES . . . . . . . . . . . . . . . . . .
GO-GO DANCERS . . . . . . . . . . . . . . . . . . . .
HAPPY HOURS . . . . . . . . . . . . . . . . . . . . . .
HEARING FOR LICENSEES . . . . . . . . . . . . . .
HOME DELIVERIES . . . . . . . . . . . . . . . . . . .
HOTEL/MOTEL . . . . . . . . . . . . . . . . . . . . . .
INACTIVE LICENSE . . . . . . . . . . . . . . . . . .
INSPECTIONS – REVIEW OF BUSINESS RECORDS
INTOXICATED PATRONS . . . . . . . . . . . . . . .
INVESTIGATIONS OF THE APPLICANT . . . . . . .
I.R.S. SEIZURE . . . . . . . . . . . . . . . . . . . . .
ISSUING AUTHORITY . . . . . . . . . . . . . . . . . .
LAPSED LICENSE . . . . . . . . . . . . . . . . . . .
LAST CALL . . . . . . . . . . . . . . . . . . . . . . . .
LEASING OF LICENSE . . . . . . . . . . . . . . . . .
LEFTOVER ALCOHOLIC BEVERAGES . . . . . . . .
LEWD OR IMMORAL ACTIVITY . . . . . . . . . . .
LICENSE CERTIFICATE . . . . . . . . . . . . . . . .
LICENSE FEES . . . . . . . . . . . . . . . . . . . . .
LICENSE NUMBER . . . . . . . . . . . . . . . . . . . .
LICENSE RENEWAL . . . . . . . . . . . . . . . . . . .
LICENSE TRANSFER . . . . . . . . . . . . . . . . . .
LICENSED PREMISES . . . . . . . . . . . . . . . . . .
LICENSES – MANUFACTURING . . . . . . . . . . .
LICENSES – RETAIL . . . . . . . . . . . . . . . . . . .
LICENSES – WHOLESALE . . . . . . . . . . . . . . .
LIENS ON LICENSES . . . . . . . . . . . . . . . . . .
LOCAL A.B.C. BOARD . . . . . . . . . . . . . . . . .
LOCAL CONTROL . . . . . . . . . . . . . . . . . . . .
LOCAL PROHIBITION . . . . . . . . . . . . . . . . . .
MAGAZINES . . . . . . . . . . . . . . . . . . . . . . .
MANUFACTURER’S REBATES . . . . . . . . . . . .
MEASUREMENT OF ALCOHOLIC CONTENT . . . .
MERCHANDISE – SALE BY RETAIL LICENSEES .
MINI-BARS . . . . . . . . . . . . . . . . . . . . . . . .
MIXED CASE SALES . . . . . . . . . . . . . . . . . .
MORAL TURPITUDE . . . . . . . . . . . . . . . . . .
MUNICIPAL FEES . . . . . . . . . . . . . . . . . . .
NON-ALCOHOLIC BEVERAGES . . . . . . . . . . . .
NOTICE AND PETITION OF APPEAL . . . . . . . . .
NUMBER OF LICENSES . . . . . . . . . . . . . . . . .
OPEN BARS . . . . . . . . . . . . . . . . . . . . . . . .
OTHER MERCANTILE BUSINESS . . . . . . . . . . .

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32
32
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SUBJECT

PAGE

PACKAGE GOODS SALES BY RETAIL CONSUMPTION LICENSEES . . . . . . .
PATRONS, EXCLUDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PAYMENT OF FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PENALTY – EFFECT ON MULTIPLE LICENSEES . . . . . . . . . . . . . . . . . .
PENALTY – EFFECT ON USE OF PREMISES . . . . . . . . . . . . . . . . . . . . .
PENALTY SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PERSON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PERSON-TO-PERSON TRANSFER . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PLACE-TO-PLACE TRANSFER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
POCKET LICENSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
POLICE OFFICER EMPLOYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PRECEDENT PENALTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PRE-MIXED DRINKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PRIZES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PROMOTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PROOF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PROOF GALLON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PURCHASE FROM UNAUTHORIZED SOURCE . . . . . . . . . . . . . . . . . . . .
RAFFLE BY LICENSEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
RAFFLE TICKETS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
REBATES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
RECORDS – PERMIT FOR OFF-PREMISE STORAGE OF BUSINESS RECORDS .
REHABILITATION EMPLOYMENT PERMIT/DISQUALIFICATION REMOVAL .
REQUESTING INTERIM RELIEF . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
RESTAURANT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
RETAIL LICENSE APPLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . .
RETAIL SAMPLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
RETAILER TO RETAILER SALE . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
RETIREMENT OF CONSUMPTION LICENSES . . . . . . . . . . . . . . . . . . . .
RUM COOLERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SACRAMENTAL WINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SALES TAX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SAMPLES FROM WHOLESALERS . . . . . . . . . . . . . . . . . . . . . . . . . . .
SEARCH WARRANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SEIZURE OF LICENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SEVEN DAY NOTICE TO PRODUCE RECORDS . . . . . . . . . . . . . . . . . . . .
SILENT PARTNER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SOCIAL AFFAIR PERMIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SOLICITOR OR SALESMAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SPECIAL ANNUAL CONCESSIONAIRE PERMIT . . . . . . . . . . . . . . . . . . .
SPORTS POOL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SPORTS TEAMS SPONSORSHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
STATE BEVERAGE DISTRIBUTOR’S LICENSE . . . . . . . . . . . . . . . . . . . .
STOCKHOLDER CHANGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
STORAGE OF ALCOHOLIC BEVERAGES . . . . . . . . . . . . . . . . . . . . . . .
SUBSTITUTING BEVERAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SUPER BOWL POOLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SUPPLIER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SUSPENSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SUBJECT

PAGE

TAP MARKERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TASTING EVENTS AND SAMPLINGS . . . . . . . . . . . . . . . . . . . . . .
TEEN NIGHTS OR 18 TO PARTY, 21 TO DRINK . . . . . . . . . . . . . . . .
TEMPORARY RETAIL STORAGE . . . . . . . . . . . . . . . . . . . . . . . . .
TIED AND COMBINATION SALES . . . . . . . . . . . . . . . . . . . . . . . .
TIED-HOUSE STATUTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TOURNAMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TRADE ASSOCIATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TRADE NAME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TRANSIT INSIGNIA PERMIT . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TRANSPORTATION OF ALCOHOLIC BEVERAGES FOR PERSONAL USE .
TWO-LICENSE LIMITATION . . . . . . . . . . . . . . . . . . . . . . . . . . . .
UNDISCLOSED INTEREST . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
VIDEO GAMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
WINE COOLERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
WINE “DOGGY BAGS” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
WINE GALLON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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FEDERAL REGULATIONS
CLOSURE ON LIQUOR BOTTLES . . . . . . . . .
COMMERCIAL BRIBERY (FEDERAL) . . . . . .
CONSIGNMENT SALES (FEDERAL) . . . . . . .
EXCLUSIVE OUTLET (FEDERAL) . . . . . . . .
FEDERAL ALCOHOL ADMINISTRATION ACT .
LIQUOR BOTTLES . . . . . . . . . . . . . . . . . .
RETAIL DEALER . . . . . . . . . . . . . . . . . . .
SPECIAL OCCUPATIONAL TAX STAMP . . . . .
TIED-HOUSE (FEDERAL) . . . . . . . . . . . . . .
WHOLESALE DEALER . . . . . . . . . . . . . . .

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FEE SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

v

84

IF YOU HAVE A QUESTION . . . CALL US!
(609) 984-2830
If you are not sure which Bureau can be of assistance, call our main number shown above. If you need specific help
from a member of a Bureau’s staff, dial that person direct via the following telephone numbers.
DIRECTOR’S OFFICE
Michael I. Halfacre, Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (609) 984-3230
Debi Leckie, Administrative Analyst . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (609) 984-2692
Director’s Office Fax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (609) 943-5302
OFFICE OF COUNSEL TO THE DIRECTOR
Assistant Attorney General
J. Wesley Geiselman . . . . . . . . . . . . . . . . . . . .
Deputy Attorneys General
Lisa Barata . . . . . . . . . . . . . . . . . . . . . . . . . .
Susan K. Dolan . . . . . . . . . . . . . . . . . . . . . . . .
Donna Luhn . . . . . . . . . . . . . . . . . . . . . . . . . .
Alyssa Wolfe . . . . . . . . . . . . . . . . . . . . . . . . .
Executive Assistant
Chris Margounakis . . . . . . . . . . . . . . . . . . . . . .
Counsel’s Office Fax . . . . . . . . . . . . . . . . . . . .
ENFORCEMENT BUREAU
Senior Deputy Attorney General
Kevin M. Schatz . . . . . . . . . . .
Deputy Attorneys General
Alyssa Bloom . . . . . . . . . . . . .
Jennifer Huege . . . . . . . . . . . .
Richard Karczewski . . . . . . . . .
Marita Navarro . . . . . . . . . . . .
Andrew Sapolnick . . . . . . . . . .
Enforcement Bureau Fax . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . (609) 292-5296
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(609) 633-6079
(609) 633-6081
(609) 984-1914
(609) 633-6076

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. . . . . . . . . . . . . . . . . . . . . . . . (609) 633-6078

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(609) 984-3802
(609) 984-3801
(609) 292-5901
(609) 984-2831
(609) 292-0094
(609) 633-6078

LICENSING BUREAU
Bureau Chief
Patti Valsac . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Executive Assistants
Rose Bonney (State Licenses) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Joann Frascella (Retail) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sandra Garcia (State Licenses) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tia Johnson (State Licenses) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Kelly Troilo (Permits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Licensing Bureau Fax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(609) 984-2736
(609) 984-2673
(609) 984-2810
(609) 984-1980
(609) 984-2754
(609) 984-1954
(609) 292-0691

INVESTIGATIONS BUREAU
Bureau Chief
Kevin Barber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (609) 984-2648
Investigators / Detectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TOLL FREE (866) 713-8392
Investigations Bureau Fax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (609) 633-9150

vii

PUBLICATIONS
Certain publications, which are the authoritative sources of the laws and regulations governing the commerce of
alcoholic beverages in New Jersey, are available. These publications are legal in nature, but they should also be
considered an important source material for a licensee. Of particular importance are the A.B.C. Bulletins which are
described in greater detail in the Handbook itself. These publications are frequently referenced in the Handbook.
NEW JERSEY ALCOHOLIC BEVERAGE CONTROL ACT
Title 33, “Intoxicating Liquors,” New Jersey Statutes Annotated
Available From:

West Publishing Company
610 Opperman
Eagan, Minnesota 55123
1-800-328-2209
www.west.thomson.com

ALCOHOLIC BEVERAGE CONTROL REGULATIONS
Title 13, Chapters 2, New Jersey Administrative Code (Alcoholic Beverages)
Available From:

Lexis Nexis/Matthew Bender
136 Carlin Road
Conklin, New York 13748
1-800-833-9844

A.B.C. BULLETINS & INFORMATION
Described in detail in the text of the Handbook. See “Bulletins.”
Available From:

Lori Rosati
Licensing Bureau
Division of Alcoholic Beverage Control
140 East Front Street
P.O. Box 087
Trenton, New Jersey 08625-0087
(609) 292-0322

Cost: Previous Bulletins can be obtained for $5.00 each.

viii

A.B.C.
WHAT DOES “A.B.C.” STAND FOR?
The abbreviation “A.B.C.” stands for “Alcoholic Beverage Control” and is frequently used to indicate the
Division of Alcoholic Beverage Control. (See “Division of Alcoholic Beverage Control.”)
A.B.C. BULLETINS – See “Bulletins”
A.B.C. INVESTIGATIONS BUREAU
WHAT IS THE “A.B.C. INVESTIGATIONS BUREAU,” AND WHAT ARE ITS FUNCTIONS?
The Division of Alcoholic Beverage Control Investigations Bureau is within the Division of Alcoholic
Beverage Control and is responsible for investigating criminal and administrative violations of the Alcoholic
Beverage Control Act (N.J.S.A. 33:1-1 et seq.) and the attendant regulations (N.J.A.C. 13:2-1.1 et seq.).
The investigators assigned to the A.B.C. Investigations Bureau have the full authority of the Director of the
Division of A.B.C. to inspect and investigate licensees and the conduct of activities under the license and on
the licensed premises. They may do so without a search warrant and all records must be available and
produced to them upon demand. Failure to do so can result in a charge of hindering an investigation. The
Investigations Bureau is also staffed with Detectives from the Division of Criminal Justice (which, just as
the Division of Alcoholic Beverage Control, is in the Department of Law and Public Safety under the
authority of the Attorney General). The Detectives have the authority to arrest persons for violations of any
criminal laws of the State of New Jersey. The Investigations Bureau may be contacted by calling (866) 7138392.
AD INTERIM PERMIT – See “License Renewal”
ADVERTISING
ARE THERE ANY RESTRICTIONS ON ADVERTISING BY A RETAIL LICENSEE?
Retail licensees may individually run advertisements in newspapers, circulars, coupon packages, radio,
television or any other media that regularly promotes business to potential customers. The contents of the
advertising can be anything that is not prohibited or which would cause a violation of law or regulation.
(See A.B.C. Bulletin 2430, Item 4.)
Certain matters are specifically prohibited in advertising. No matter may be included that is in any way
false, misleading, deceptive or in any way designed to suggest that a special value can be obtained when in
reality it is not a special value (for example, “bait and switch”). Nor may any matter be included in
advertising if it is lewd or obscene or suggests that the use of any alcoholic beverage will result in health or
athletic benefits. Additionally, no improper use may be made of religious characters or symbols, nor may
any portrayal of or reference to minors or children be made. (N.J.A.C. 13:2-24.10.)

1

Prices can be advertised provided they are not below cost. (N.J.A.C. 13:2-24.8.) (See “Cost.”) An
advertisement may also indicate that a manufacturer=s rebate is available. (N.J.A.C. 13:2-24.11.) (See
“Coupons.”)
Where sale prices are advertised, a retailer will generally not be able to compare the sale price to a “regular
price.” (See A.B.C. Bulletin 2432, Item 5.)
A licensee may join with other licensees in advertising. This is commonly referred to as cooperative
advertising or “co-op advertising.” When this is done, the advertised prices must be set by only one of the
licensees taking part in the ad, and the ad must prominently indicate the identity of that licensee. There
must also be language to the effect that those prices and the products pertain only to that one licensee and
may not be available, or available at that price, from other licensees listed in the advertisement. (N.J.A.C.
13:2-24.10.)
The Alcoholic Beverage Control Law prohibits a manufacturer, supplier or importer from having an interest,
directly or indirectly, in a retail license in New Jersey or in the retailing of alcoholic beverages. Therefore,
advertising support or inclusions of a retailer=s name in a supplier=s ad could be considered a violation of
this statute as well as a discriminatory offering of a service to certain retailers. Thus, the selection of one or
several retailers for a particular advertising service by a supplier is not only discriminatory but would
constitute a tied-house violation. (See A.B.C. Bulletin 2451, Item 3.) (See “Tied-House Statute.”)
AGE LIMITS
HOW OLD MUST SOMEONE BE TO PURCHASE OR DRINK ALCOHOLIC BEVERAGES ON A
LICENSED PREMISES?
A person must be 21 years of age or older to legally purchase or consume any alcoholic beverage on a
licensed premise. There is absolutely no exception to this. (N.J.S.A. 9:17B-1.)
HOW OLD MUST SOMEONE BE TO OWN A LICENSE?
The lawful age to own a license and to purchase alcoholic beverage products for resale under a license
privilege is 18 years of age. (N.J.S.A. 9:17B-1.)
HOW OLD MUST SOMEONE BE TO BE EMPLOYED BY A LICENSEE?
For all on-premise consumption licenses, no person under 18 years of age may be employed to work on the
licensed premises (this includes entertainers, etc.) except you may employ someone 16 years of age or older
as:
(1)

a pin setter or lane attendant at a public bowling alley or

(2)

a busboy (or someone who does not prepare, sell or serve alcoholic beverages) in a restaurant,
2

bowling alley, hotel, motel or guest house.
Any on-premise consumption licensee may employ any person 14 years of age or older who will be
exclusively used to perform duties as a golf caddy and/or pool attendant.
For all off-premise consumption licensees, no person under 18 years of age may be employed to work on the
licensed premises except you may employ someone 15 years of age or older to act as a stock clerk or in a
similar position that does not involve the sale of alcoholic beverages to customers.
Alcoholic Beverage Control Regulations require all retail licensees, except those operating in conjunction
with a bona fide hotel or public restaurant, to obtain an Employment Permit from the Division of Alcoholic
Beverage Control for any employee who is less than 18 years of age. Such permit must be obtained no later
than 10 days from the commencement of employment. The Alcoholic Beverage Control will issue a
Blanket Permit to licensees that will cover employment of more than one person under the age of 18.
Inquiries should be made to the Division=s Licensing Bureau. (See “Fee Schedule” at the end of this
Handbook.)
AGE TO PURCHASE
WHAT ARE THE CRITERIA FOR AVOIDING AN UNDERAGE SALE VIOLATION?
A licensee with retail license privileges cannot sell to a person under the legal age (21 years), which is often
abbreviated as “PULA.” A bartender or sales clerk who violates this law will be subject to a disorderly
persons charge under N.J.S.A. 33:1-77, and the license itself will be subject to administrative charges under
that statute or N.J.A.C. 13:2-23.1. The law does recognize a valid defense to a charge that a person or
licensee sold to someone under the legal age. For this defense, all of the following criteria must be
established:
(1)

that the purchaser falsely represented his or her age by producing
(a)

a photo driver=s license of any state; or an identification card issued by the New Jersey Motor
Vehicle Commission or

(b)

an official photo identification card issued by any state or the federal government; AND

(2)

that the purchaser falsely represented in writing that he or she was of legal age to make the purchase;
AND

(3)

that the purchaser appeared to be 21 years of age or older AND

(4)

that the purchaser appeared to be the person described in the about proof of age.

The three elements together are necessary to establish a valid defense to a charge of sale to a person under
3

the legal age. Any forms of identification other than those listed in (1) a or b above which may be
presented, will not be recognized as a defense. Licensees are encouraged to also request alternative types of
identification in addition to the photographic identification to verify the true age and identity of the
purchaser. This should also be done if the written representation is used and such alternative types of
identification, together with numbers, etc., should be noted on the written representation paper. (See A.B.C.
Bulletin 2457, Item 5.) (A suggested format for the written representation can be found on the ABC
Website.) (See A.B.C. Bulletin 2445, Item 3.)
If there is any doubt that the purchaser is under 21 years of age, the sale should not be made. Licensees have
the right to refuse a sale if they believe a purchaser is under the age of 21. (See also “False Identification”
and “Patrons, Excluding.”)
A license which has four (4) such violations within two (2) years presumptively will be revoked.
ALCOHOL CONTENT – See “Content and Size of Drink”
ALCOHOLIC BEVERAGE CONTROL BOARDS
WHAT ARE “ALCOHOLIC BEVERAGE CONTROL BOARDS” OR “A.B.C. BOARDS?”
The Alcoholic Beverage Control Law provides for an issuing authority in each municipality to issue, renew
and transfer retail licenses and provides for enforcing that law, A.B.C. rules and regulations and local
ordinances pertaining to the control of alcoholic beverages. The issuing authority is the governing body of
the municipality unless the municipality establishes a municipal board, which is commonly known as an
“Alcoholic Beverage Control Board” or “A.B.C. Board.” An A.B.C. Board may be established in any
municipality which has a population of at least 15,000. The A.B.C. Board consists of three members
appointed on a bipartisan basis for 3-year terms. Currently, there are 20 municipalities with A.B.C. Boards.
They are: Atlantic City, Camden, Clifton, East Orange, Elizabeth, Galloway, Garfield, Hillside, Hoboken,
Jersey City, Linden, Newark, North Bergen, Orange, Passaic, Paterson, Rahway, Secaucus, West New York
and West Orange.
Once a municipal A.B.C. board has been created, it has all of the powers, duties and obligations that the
governing body of the municipality would ordinarily exercise relative to the issuance, transfer, enforcement
and discipline of retail licenses within the municipality. (N.J.S.A. 33:1-5 and 33:1-24.)
ALCOHOLIC BEVERAGES
WHAT IS AN “ALCOHOLIC BEVERAGE?”
Any liquid (or solid that can be converted into a liquid) that is fit to drink and has an alcoholic content of
more than ½ of 1 percent by volume is an alcoholic beverage and is subject to control by the Division of
A.B.C. A license or permit is required to make, distribute or sell any such alcoholic beverage. If a beverage
contains ½ of 1 percent or less alcohol, it is not controlled by the Alcoholic Beverage Control Act or A.B.C.
rules and regulations and may be sold without an alcoholic beverage license. (See “Non-alcoholic
4

Beverages.”)
APPEALS FROM DIRECTOR=S DECISIONS
CAN A DECISION OR RULING OF THE DIRECTOR OF THE DIVISION OF A.B.C. BE CHALLENGED?
Any final action or ruling of the Director of the A.B.C. can be challenged by means of an appeal to the
Appellate Division of the Superior Court of New Jersey. In filing such an appeal there are rules of practice
and procedure that must be carefully and strictly followed. When such an appeal is filed, application can be
made to “stay” (that is, delay the effective date of) the action appealed from until the appeal is completed.
APPEALS FROM LICENSING ACTION BY MUNICIPALITIES
WHEN A MUNICIPALITY ISSUES, RENEWS, TRANSFERS OR PLACES SPECIAL CONDITIONS ON A
LICENSE, OR FAILS TO DO SO, AND SOMEONE DISAGREES WITH THAT ACTION, WHAT CAN BE
DONE?
If a license is denied renewal or if special conditions are imposed on a license, the licensee can appeal the
municipality’s action to the Director of the A.B.C. This appeal must be received by the A.B.C., either by
personal service or by registered mail, within 30 days after the licensee has received notice of the action.
An appeal is started by filing a document called a “Notice and Petition of Appeal” (see “Notice and Petition
of Appeal”) and the $100 filing fee with the Division of A.B.C. The licensee must also serve the
municipality with a copy of the “Notice and Petition of Appeal” and furnish proof of such service to the
Division of A.B.C. When an appeal is filed, the A.B.C. Director can extend the license privilege while the
appeal is pending or stay (postpone the effective date of) a suspension or special conditions imposed by the
town if good reason is shown for the Director to do so. (See “Notice and Petition of Appeal.”)
If the municipality does not act on a renewal application within 90 days after the expiration of the previous
license term, within 45 days on an application for a new license or within 60 days on an application for a
transfer, the licensee may treat this failure to act as a denial; and may file an appeal with the Director of the
A.B.C.
The same appeal procedure applies to a person whose application for a new license or transfer has been
denied or to a taxpayer who objects to the issuance or renewal of a license or to its transfer. In such cases,
however, no temporary relief will be granted while the appeal is being heard.
Detailed rules governing appeals are found in N.J.A.C. 13:2-7 and 13:2-17. (See “Fee Schedule” at the end
of this Handbook.)
APPEALS FROM MUNICIPALLY-IMPOSED LICENSE SUSPENSIONS
IF A MUNICIPALITY SUSPENDS OR REVOKES A RETAIL LICENSE, CAN IT BE APPEALED AND
WHAT MUST BE DONE?
Yes. Within 30 days after a municipality adopts a resolution suspending or revoking a license, the licensee
5

may file an appeal by filing a document called a “Notice and Petition of Appeal” with the Division of
A.B.C. Proof that the appeal papers were also filed with the municipality must be provided to the Division
of A.B.C. along with a $100 filing fee. (See “Payment of Fees” and “Notice and Petition of Appeal;” see
also “Fee Schedule” at the end of this Handbook.)
At the time the Division receives a properly filed appeal, the Director will issue an order staying (delaying
the effective date of) the suspension or revocation pending the outcome of the appeal unless the Director
finds good reason not to do so. This will permit the licensee to continue to operate while the appeal is
pending. (See “Fines.”)
APPLICATION FORM – See “Retail License Application”
ATHLETIC TEAM SPONSORS
WHAT ARE THE RULES THAT GOVERN THE SPONSORSHIP OF ATHLETIC TEAMS BY LICENSEES?
Athletic teams can be sponsored by licensees of any class. When the sponsored team consists of players
under the age of 18 years, such as a Little League or Babe Ruth League team, the use of words “liquor,”
“cocktail,” “package goods,” “bar,” “tavern” or similar words or terms which are associated with the sale or
consumption of alcoholic beverages, is prohibited. This is a result of the strong public policy against
drinking by minors. When the players are at least 18 years of age, such words as described above can be
utilized in the team identification or on uniforms. This is because 18-year old individuals can legally own or
be employed by taverns, restaurants or liquor stores.
ATLANTIC CITY CASINOS
WHO REGULATES THE RETAIL SALE OF ALCOHOLIC BEVERAGES IN ATLANTIC CITY CASINOHOTELS?
The Casino Control Commission, not the Atlantic City Board of Alcoholic Beverage Control or the New
Jersey Division of Alcoholic Beverage Control, licenses and regulates the retail sales and service of
alcoholic beverages in the Atlantic City casino-hotels. The Casino Control Act directs that the Casino
Control regulations shall be as consistent as possible with the A.B.C. rules and regulations and shall deviate
only as necessary because of the unique character of the casino-hotel premises and operations. (N.J.S.A.
5:12-103.)
ATLANTIC CITY LICENSES
ARE NON-CASINO ALCOHOLIC BEVERAGE LICENSEES IN ATLANTIC CITY REGULATED
DIFFERENTLY THAN LICENSEES IN OTHER NEW JERSEY COMMUNITIES?
While the same rules and regulations generally apply, the issuance or transfer of any non-casino license in
Atlantic City must first be investigated by the Atlantic City Joint Liquor Task Force. The Director of the
Division of A.B.C. must then determine whether or not the grant of the application for the license or transfer
is in the public interest. If the Director=s approval is granted, the A.B.C. Board of Atlantic City will then
6

consider the application. In all other respects, these retail licenses have the same privileges and are subject
to the same restrictions as other retail licenses in the State. (N.J.A.C. 13:2-3.10.)
AUTOMATIC DISPENSERS
CAN AUTOMATIC OR ELECTRONIC DISPENSING EQUIPMENT BE USED?
Yes. Where such a system is used, the label on the container or on the tap must be visible to the patron, or
some alternative device or sign must be used to indicate the type and brand of alcoholic beverage. When
dispensing pre-mixed drinks, the sign must also identify all other ingredients by generic or brand name and
give an approximate percentage by volume of alcohol of each drink at the time of service. (N.J.A.C. 13:223.22(b).) (See “Tap Markers,” “Pre-mixed Drinks” and “Mini-Bars;” see also A.B.C. Bulletin 2427, Item
1, and A.B.C. Bulletin 2454, Item 3.)
BACKING UP DRINKS
IF A PATRON HAS A DRINK, CAN ANOTHER DRINK BE SERVED TO THAT PATRON?
If a patron has a drink, it is permissible to serve another drink, either at the patron=s request, one purchased
by someone else or to use a token or other indication of such purchase. However, care must be taken to
prevent over consumption by such patron. If necessary, the licensee should refuse to serve any actually or
apparently intoxicated patron a drink, and if drinks have been previously purchased, must refund the patron
his or her money. NOTE ALSO THAT THIS PRACTICE CANNOT BE USED TO AVOID A
CLOSING HOUR RESTRICTION. (See A.B.C. Bulletin 2381, Item 2; see also “Complimentary Drinks”
and “Happy Hours.”)
BANKRUPTCY OF LICENSEE
IF A LICENSEE FILES FOR BANKRUPTCY, WHAT CHANGES MUST BE MADE ON THE LICENSE
APPLICATION?
When a licensee files for relief under the United States Bankruptcy Code, several changes to the license
application are required.
If the licensee files for bankruptcy relief pursuant to CHAPTER 7 (Corporations) or CHAPTER 13
(Individuals), the intent and purpose of such a filing is to completely liquidate the assets of the estate to pay
the various debts. Under this provision a Trustee is appointed by the Bankruptcy Court to accomplish the
actual liquidation of the business and the sale of its assets. In this situation, the regulations require that the
license be “extended” to the Trustee by the local issuing authority. This means that the Trustee must file a
full application with the local issuing authority so as to be listed as the holder of the license. This
mechanism authorizes the Trustee to exercise the privileges of the license.
If the licensee files for bankruptcy relief pursuant to CHAPTER 11, the intent or purpose is to continue
active operation while formulating a plan to pay off all of the debts. During this reorganization period most
actions against the licensee are stayed until certain determinations are made by the Bankruptcy Court. At
7

the same time the licensee files for bankruptcy relief pursuant to Chapter 11, the licensee must also file an
amendment to the license application demonstrating that the licensee has filed for protection with the
United States Bankruptcy Court. This is done by amending the holder of the license to the debtor in
possession (for example, “XYZ” Corporation as debtor in possession). The purpose of this amendment is to
ensure that anyone having an interest in this license (especially the municipality) is aware that the license is
in Chapter 11 and that any sale, transfer or change affecting the license must have prior approval of the
Bankruptcy Court.
It is highly recommended that, should a licensee petition and file with the Bankruptcy Court, it should also
seek legal advice to ensure that all legal requirements are fulfilled. (N.J.S.A. 33:1-26; N.J.A.C. 13:2-6.1)
(See “Credit Practices,” “Extension of License,” “License Transfer” and “Retail License Application.”)
BARRING PATRONS – See “Patrons, Excluding”
BARROOM – See “Licenses – Retail” and “Package Goods Sales by Consumption Licensees”
BINGO
IS THE PLAYING OF BINGO PERMITTED IN A LICENSED ESTABLISHMENT?
Yes, provided the game has been licensed under the “Bingo Licensing Law” (N.J.S.A. 5:8-24, et seq.). No
alcoholic beverages, however, may be sold or consumed in the part of the licensed premises during the
period of time when the game is being played. (N.J.A.C. 13:2-23.7(b).)
BOATS – See “License – Retail, Plenary Retail Transit License”
BOOKS OF ACCOUNT
WHAT BUSINESS RECORDS ARE REQUIRED BY THE A.B.C. TO BE MAINTAINED BY A LICENSEE?
Holding an A.B.C. license allows you to conduct a business involving the sale and service of alcoholic
beverage products to retail consumers in the State of New Jersey. As such, the A.B.C. requires that you
maintain certain business records in the English language which accurately reflect the business conducted.
The records must be provided for review at the demand of the A.B.C. These records are commonly referred
to as “books of account.” The following is a synopsis of the records:
(1)

The licensee shall have and keep, for an unlimited period of time, permanent records which shall
truly and accurately contain a record of all moneys invested in the licensed business, including
loans, the source of all such investments and the disposition of such investments.

(2)

The licensee shall maintain for a period of five years, a record of all money, or any other thing of
value, received in the ordinary course of business or received outside the ordinary course of
business, including, but not limited to, sales of alcoholic beverage products, food sales, rebates,
Retail Incentive Program Payments, (RIPs), merchandise received as a “dealer loader” and
8

miscellaneous income.
(3)

The licensee shall maintain for a period of five years, records which show the payment of all
expenses. The records shall indicate the name of the person or entity receiving such payment, the
amount of the payment and the reason that the payment was made. Payment records shall include
payments made for:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)

the purchase of alcoholic beverages;
the purchase of food items;
the purchase of supplies and use of utilities;
the purchase or lease of equipment;
the payment of all employees’ compensation, including all required withholding taxes;
the payment of all local, state and federal taxes and license fees;
the payment of rents, mortgages, loans and/or a reduction of an owner’s equity and
all other disbursements.

WHERE MUST THE BUSINESS RECORDS BE PHYSICALLY MAINTAINED?
All of the records are required to be maintained on the licensed premises and must be available for
inspection by either the A.B.C. or by the local issuing authority. The A.B.C. will allow a licensee to
maintain the business records off the licensed premises at another location if a Permit for Off-Premise
Storage of Business Records is first obtained from the A.B.C. Licensing Bureau. The permit is valid from
July 1 through June 30 of the following year. It must be renewed on an annual basis in conjunction with the
alcoholic beverage license renewal. The permit must be displayed on the A.B.C. alcoholic beverage license.

BORROWING ALCOHOLIC BEVERAGES
IF A RETAILER RUNS OUT OF PRODUCT, CAN THAT RETAILER BORROW SOME FROM ANOTHER
RETAILER AND LATER REPLACE IT?
No. Borrowing or trading alcoholic beverages between retailers is prohibited. Retailers can only obtain
alcoholic beverages from a New Jersey licensed wholesaler. (See “Retailer to Retailer Sale.”)
BOWLING TOURNAMENTS – See “Card Playing/Dart Games”
BRAND REGISTRATION
WHAT IS “BRAND REGISTRATION,” AND HOW DOES IT AFFECT A RETAIL LICENSE?
Every alcoholic beverage product sold in New Jersey must be registered with the Division of A.B.C. before
being sold. A separate annual registration is required for each type and brand of alcoholic beverage. The
registrations are filed by the brand owners or agents designated by the brand owners. Retailers that have
private labels are generally considered the brand owners and must register their brands, although they may,
9

and in most cases do, appoint the wholesaler through whom the product is supplied as the agent to register
that product. (N.J.S.A. 33:1-2; N.J.A.C. 13:2-33.) Retail licensees may generally assume that a product is
properly registered if it is offered for sale by an authorized and licensed New Jersey wholesaler. However, a
retail licensee who had knowledge that a product was not brand registered would be subject to disciplinary
action for selling such unregistered product.
BREW PUBS
WHAT ARE “BREW PUBS,” AND WHAT ARE THEIR PRIVILEGES?
A brew pub, referred to in the A.B.C. law as a Restricted Brewery License, is a manufacturing license that
permits the license holder to brew malt alcoholic beverages in quantities not to exceed 3,000 barrels per
license term. This license can only be issued to a person or entity that identically owns a Plenary Retail
Consumption License which is operated in conjunction with a restaurant regularly and is principally used for
the purpose of providing meals to its customers and having kitchen and dining facilities. The restricted
brewery licensed premises must be immediately adjoining the retail consumption licensed premises. The
holder of this license shall only be entitled to sell or deliver its product to that restaurant premises. The
purpose of this type of license is to allow the holder of the license to manufacture product and to sell it at its
retail licensed premises. No more than two Restricted Brewery Licenses shall be issued to a person or entity
which holds identical interests in two plenary retail consumption licenses, used in conjunction with
restaurants, as previously discussed.
Since this is a manufacturing license, it will also need certain approval from the federal Alcohol and
Tobacco Tax and Trade Bureau and from the New Jersey Department of Environmental Protection and may
also require additional approval from the municipality in which it is located.
BROAD PACKAGE PRIVILEGE – See “Licenses – Retail”
BULLETINS
WHAT ARE “A.B.C. BULLETINS?”
A.B.C. Bulletins contain information regarding changes in laws and regulations, notices from the Director,
directives to licensees, opinions of the Director and other pertinent information that is important to the
licensee and reflect the policy of the Division of A.B.C. Bulletins also contain appellate and disciplinary
opinions of the Director which can be used as precedent in future cases. Failure to follow a directive
published in a Bulletin can result in disciplinary action against a license.
Bulletins are promulgated and published by the Division of A.B.C. They have been published since the
Department of Alcoholic Beverage Control was established in 1933.
The A.B.C. Bulletins are accumulated and bound by the A.B.C., and the Bulletins may be viewed at the
offices of the Division of A.B.C. Bound Bulletins have been furnished to the New Jersey State Library in
Trenton, the Division of Law Library within the Richard J. Hughes Justice Complex and the law school
10

libraries in the State of New Jersey. The Casino Control Commission also has the Bulletins.
Copies of current Bulletins may be obtained from the Division of A.B.C. Details regarding ordering and
cost are contained in the information at the beginning of this Handbook.
BUS TRIPS
CAN A LICENSEE SPONSOR A BUS TRIP WHERE ALCOHOLIC BEVERAGES ARE SERVED OR ARE
MADE AVAILABLE ON THE BUS?
No. If there is a charge for a bus trip where alcoholic beverages are served or made available on the bus, it
would be considered a sale off the licensed premises and is, therefore, prohibited. (N.J.S.A. 33:1-12.) On
any bus trip, however, under current Motor Vehicle law, passengers may bring their own alcoholic beverage
package goods which were purchased at retail. Additionally, if a non-licensee were to charge for the bus
trip which included alcoholic beverages, it would be considered an unlawful sale of alcoholic beverages
constituting a criminal offense. (N.J.S.A. 33:1-50.) Moreover, retail consumption licensees who sponsor
such trips would be subject to sanctions for unlawfully conducting an “other mercantile business” as well as
a “sale beyond the scope of their license.”
BUYING A LICENSE
HOW CAN A PERSON OBTAIN AN ALCOHOLIC BEVERAGE LICENSE?
Since 1948, new retail consumption and distribution licenses can only be issued by a municipality if its
population, by last federal census, exceeds certain limits. With certain limited exceptions, for every 3,000
persons a town can issue one consumption license, and it can issue one distribution license for every 7,500
persons. (N.J.S.A. 33:1-12.14.) Licenses issued in excess of that population cap under previous laws were
allowed to continue in existence under a grandfather clause. (N.J.S.A. 33:1-12.16.) Every town is entitled
to issue one consumption license and one distribution license even if the population is less than one
thousand. (N.J.S.A. 33:1-12.15.)
Because of the population caps, new licenses generally are only issuable in growing municipalities. Those
municipalities often auction off their new licenses to the highest bidder, although they can also set certain
conditions (operate a restaurant, public accommodation or other facility) and accept applications meeting
same conditions. (N.J.S.A. 33:1-19.1, et seq.) (See A.B.C. Bulletin 2457, Item 6.)
As a result of the relatively few Anew@licenses being issued, most persons obtain a license by purchasing an
existing license and having it transferred to the purchaser by filing a “person-to-person” transfer application
with the local issuing authority. The purchase price of the license is a private agreement between the buyer
and the seller. The buyer, however, is not entitled to utilize the license unless and until it is transferred to
him by formal action of the local issuing authority. In making its determination of whether or not to
approve the transfer, the issuing authority is under the legal obligation to ensure that the purchaser is not
disqualified to hold a license, is reputable and will operate in a reputable manner, that the transfer does not
violate any State laws, regulations, local ordinances or conditions and that the licensee has disclosed and the
11

issuing authority has determined that all funds used to purchase the licensed business came from legitimate
sources. (N.J.A.C. 13:2-7.7(b); 13:2-9.2(a).) (See “License Transfer” and “Licenses – Retail.”)
B.Y.O.B. (BRING YOUR OWN BOTTLE)
CAN “B.Y.O.B.” BE ADVERTISED?
Under no circumstances may any “B.Y.O.B.” (Bring Your Own Bottle) be advertised in any fashion by an
unlicensed restaurant or other public place where food or beverages are sold to the general public. A person
who is found guilty of violating this prohibition is considered a disorderly person. By definition (N.J.S.A.
2C:33-27), B.Y.O.B. prohibits sales of alcohol and relates to unlicensed premises. Accordingly, questions
relating to B.Y.O.B. are generally not within the purview of the ABC and should be directed to appropriate
local law enforcement officials.
CAN A CUSTOMER BRING ALCOHOLIC BEVERAGES INTO A LICENSED PREMISES?
There is no regulation prohibiting this practice, however, the licensee has the right to permit or prohibit this
practice as a matter of business policy. (See “Penalty – Effect on Use of Premises.”)
ARE NON-LICENSED RESTAURANTS PERMITTED TO ALLOW CUSTOMERS TO BRING THEIR OWN
ALCOHOLIC BEVERAGES (“B.Y.O.B.”) FOR CONSUMPTION WITH THEIR MEALS?
Unless there is a local ordinance prohibiting it, customers of an unlicensed restaurant may be permitted by
the ownership of the restaurant to bring and consume only wine and beer. The restaurant can supply glasses,
ice, etc., but may not impose a cover, corkage or service charge. Also, under no circumstances may
spirituous liquors be permitted. There may be no advertising whatsoever of the fact that wine or beer may
be permitted. Additionally, the owner may not permit wine or beer to be consumed during hours in which
the sale of these products is prohibited by licensees in that municipality, nor allow consumption of beer or
wine by persons under 21 years or by persons who are actually or apparently drunk or intoxicated. (N.J.S.A.
2C:33-27.)
WHERE SHOULD VIOLATIONS OF THE “B.Y.O.B.” LAW BE REPORTED?
Since the statute (N.J.S.A. 2C:33-27) applies to non-licensed premises, violations should be reported to the
police department of the municipality in which the offending restaurant is located.
CANDY, LIQUORED
CAN NON-LICENSEES SELL LIQUORED CANDY?
Yes. Due to a change in the law made in 1984, the manufacturing and sale of confectionery containing less
than 5 percent alcohol by volume was allowed. That law also provided, however, that selling confectionery
containing more than ½ of 1 percent by volume to persons under the legal age (to purchase alcoholic
beverages) is a disorderly persons offense. Additionally, there must be either a label on the package or a
12

sign posted which states “Sale of this product to a person under the legal age for purchasing alcoholic
beverages is unlawful.”

13

CARD PLAYING/DART GAMES
MAY A LICENSEE ALLOW CARD PLAYING OR DART GAMES TO BE PLAYED ON A LICENSED
PREMISES?
Card playing is permitted provided that no gambling takes place or there is no play for money, prizes or
other things of value. Dart playing is permitted on the same basis, except that the Division of A.B.C. will
grant permission for a dart tournament which can include an entry fee and the awarding of prizes other than
alcoholic beverages. Other skill tournaments (bowling, golf, billiards, etc.) will be treated similarly. No
prizes or anything of value may be awarded to anyone other than actual participants in such tournaments.
(See also “Gambling.”) While the Division allows decks of cards on a licensed premises, licensees are
cautioned that any other paraphernalia used or usable in the playing phases of any gambling activity are
prohibited. (See, e.g., N.J.S.A. 2C:37-1(e) and N.J.A.C. 13:2-23.5(a).)
CATERING
CAN ALCOHOLIC BEVERAGES BE SOLD AND SERVED BY A LICENSEE WHO IS CATERING AN
EVENT AWAY FROM THE LICENSED PREMISES?
Yes, but only by a Plenary Retail Consumption Licensee, provided a Special Permit to Cater is first obtained
from the Licensing Bureau of the Division of A.B.C. No Catering Permit can be issued to a Retail
Distribution Licensee. The permit fee and application must be made on a form prescribed by the Division
of A.B.C. This application must contain the written consent of the Municipal Clerk and the Police Chief of
the municipality in which the event is taking place and the written consent of the owner of the premises on
which the event is being held. NO MORE THAN 25 PERMITS TO PERMIT THE SALE AND
SERVICE OF ALCOHOLIC BEVERAGES IN ANY ONE LOCATION MAY BE ISSUED IN A
CALENDAR YEAR. If the area on which the alcoholic beverages will be sold and served is contiguous to
or adjoins the licensee=s premises, an Extension of Premises Permit, rather than a Catering Permit, must be
obtained. The fact that catering business is occurring should be noted on page 4 of the license application.
(See “Extension of Premises” and “Fee Schedule” at the end of this Handbook.)
WHAT TYPES OF EVENTS WOULD QUALIFY FOR A CATERING PERMIT?
Events which qualify for Catering Permits must be for a SINGLE, SPECIAL, NON-RECURRING
PURPOSE, such as a wedding reception, anniversary dinner, Bar Mitzvah dinner or grand opening. The
Division will not issue a Catering Permit to authorize the sale/service of alcoholic beverages at a location if
such issuance will create the impression to the general public that the permitted premises may be licensed.
No catering permits may be issued where other mercantile business is taking place.

14

CHECK CASHING
MAY A LICENSEE CASH PAYROLL OR OTHER PERSONAL CHECKS FOR PATRONS?
Yes, if the service is not advertised and if no service charge or fee is charged. Because of the prohibition of
other mercantile business activity by a retail consumption licensee, a check cashing service where a fee is
charged is prohibited by that class of license.
A retail distribution licensee (liquor store) can provide check cashing services for a fee if issued a “Check
Casher License” by the New Jersey Department of Banking and Insurance as required by N.J.S.A. 17:15A30, et seq., unless there is a municipal ordinance prohibiting mercantile activity of this type. A fee is
defined to include any fee, charge, cost expense or other consideration. Unlicensed check cashing involving
a fee is a crime. Additional information on a Check Casher License is available on the New Jersey
Department
of
Banking
and
Insurance
Internet
website
at:
http://www.state.nj.us/dobi/banklicensing/checkcasher.html.
CLAW AND CRANE MACHINES
MAY A LICENSEE HAVE ON THEIR LICENSED PREMISES AMUSEMENT GAME MACHINES KNOWN
AS “CRANE OR CLAW MACHINES” OR “ROTISSERIES,” WHERE A PLAYER CAN OBTAIN A
STUFFED ANIMAL OR SIMILAR PRIZE BY MANEUVERING THE CLAW OR ARM?
No. While such machines can be licensed under the Amusement Games Act, the applicable regulations
prohibit their placement at a location that has an alcoholic beverage license. N.J.A.C. 13:3-1.7. These types
of machines allow a player to maneuver the claw or crane on a rotisserie device over an intended prize. The
player may then lower the claw, pick-up the prize and drop it into a chute that delivers the stuffed animal or
plush toy to the successful player. Because the ultimate success of the player depends on the tension at
which the claw or crane is set, the Division has determined that this is not a game of skill but rather a
gambling device. Consequently, placement of this type of a device on a licensed premises without the prior
approval of the Director of the Division of Alcoholic Beverage Control would constitute a violation of the
Alcoholic Beverage Control Act and would place the license in jeopardy of suspension or possible
revocation. To date, several claw or crane type machines that allow a player to win every time have been
approved by the Director for placement on licensed premises. Those machines are:
(1)
(2)
(3)
(4)
(5)

The Snack Attacker;
The Challenger Crane, manufactured by Coast to Coast Entertainment;
The Talon Crane, manufactured by Talon Manufacturing, Inc.,
The Toy Soldier Crane, manufactured by Coastal Amusements, Inc., and
Prize Time Crane, manufactured by Smart Industries Corp.

CLOSE-OUT SALES
MAY A RETAIL LICENSEE CONDUCT A “CLOSE-OUT” SALE OF ALCOHOLIC BEVERAGES TO
ANOTHER LICENSEE?

15

Generally speaking, the answer is no. In cases involving a license transfer, bankruptcy or court ordered sale
however, a Special Permit to authorize such sale may be secured from the A.B.C. (N.J.A.C. 13:2-5.4.) If
the retail licensee is transferring the license, a “Bulk Sale Permit” will be issued to authorize the sale of
existing inventory to the purchaser of the license. If the licensee is going out of business and wishes to sell
the inventory to another retail licensee, a “Retailer to Retailer Permit” may be issued by the A.B.C. for good
cause. (N.J.A.C. 13:2-23.12.)
CLOSING AND OPENING TIME
HOW ARE “CLOSING HOURS” AND HOURS OF OPERATION ESTABLISHED, AND BY WHOM?
Generally, a municipality, by ordinance, establishes the lawful hours during which alcoholic beverages may
be sold. In some municipalities, referenda have been held to establish or limit the hours or days of sale.
By A.B.C. regulation (N.J.A.C. 13:2-38), no retail licensee may sell spirituous liquors in original containers
(package goods) before 9:00 a.m. and after 10:00 p.m. on any day of the week. Municipalities can further
limit these hours by ordinance or referendum and frequently do so as far as Sunday mornings are concerned.
However, by State statute (N.J.S.A. 33:1-40.3), retail licensees can sell wine and malt beverage products in
original containers (package goods) at any time the municipality has permitted the sale of alcoholic
beverages by the drink. Cities of the first class (namely, Jersey City and Newark), however, pursuant to
N.J.S.A. 33:1-40.3, may establish laws by ordinance for each type of retail license and for sales for on or off
premises consumption. To be certain as to restrictions on hours of sale, licensees must check with their
respective municipalities.
WHAT IS A LICENSEE REQUIRED TO DO AT CLOSING TIME?
Hours ordinances have uniformly been interpreted by the Division of A.B.C. to mean that, if there is anyone
on the license premises after the closing hour other than employees who are in the process of cleaning up, it
is a violation of the local ordinance, unless specifically otherwise provided. (Even employees are not
permitted to consume alcoholic beverages before or after the closing hour.) At closing time, all sales and
consumption of alcoholic beverages must stop and all members of the general public must be off the
premises. In order for a licensed premises to stay open to the public after closing hours to engage in some
other type of business (generally hotel or diner), there must be a specific provision in the local ordinance
allowing that activity.
CLUB LICENSE
WHAT IS A “CLUB LICENSE,” AND WHAT ARE ITS PRIVILEGES AND RESTRICTIONS?
A “Club License” is one that is issued by a municipality to a corporation, association or organization that is
non-profit and operating for benevolent, charitable, fraternal, social, religious, recreational, athletic or
similar purposes. To be eligible to receive the club license, the club must also comply with all conditions
that the A.B.C. Director has established by rules and regulations. See N.J.A.C. 13:2-8; N.J.S.A. 33:1-12,
Item #5. There is no limit to the number of club licenses that may be issued in a municipality except the
16

municipality may, by ordinance, either decide not to issue any club licenses or limit the number that will be
issued.
The club license authorizes the club to sell and serve alcoholic beverages but only for immediate
consumption on the licensed premises and only to bona fide club members and their guests. This means that
all alcoholic beverages sold or served must be consumed on the licensed premises by actual club members
and those who are truly their guests. No one else may be served. A club member is any individual in good
standing who has been admitted to voting membership in the manner regularly prescribed by the by-laws of
the club, who maintains such membership in a bona fide manner and whose name and address is listed on
the list of members. There is a minimum three-day time limit for admission into the club so that no member
may be admitted by a means of an instant membership. Persons holding limited or auxiliary club
membership shall not be deemed to be club members. Persons who are members of an organization of
which the club license is an affiliated chapter and where the organization=s members have reciprocal
privileges in any affiliated club, may be considered guests of the club licensee itself and may therefore
purchase and consume alcoholic beverages on the club licensed premises.
The only other group that may be sold or served alcohol by the licensee are guests of bona fide members.
Each club member is permitted nine guests on the premises at any one time. These guests must be invited to
the club licensed premises by an individual bona fide member of the club and sponsored by and personally
attended by the member at the premises. Also, no alcoholic beverages in original containers (package
goods) may be sold and removed from the licensed premises.
When an organization which has a club license wishes to hold an event such as a fund raiser which is open
to the public or to persons other than bona fide club members, the club may not sell alcoholic beverages at
the event unless it first obtains a Social Affair Permit (N.J.A.C. 13:2-5.1). If such permit is not obtained, the
club license is in violation if alcoholic beverages are sold at the event. A bona fide club member may have
a private function at the club such as a wedding, anniversary, bar mitzvah or other social function. In these
instances, the club member may rent or use the club’s licensed premises in order to have the function where
the club may sell the alcohol to be consumed at the social function to the member. The club cannot run
affairs or rent its hall for or cater such events as weddings, birthday parties or the like for anyone other than
a bona fide member of the club and serve alcoholic beverages at the affair. The only way for alcoholic
beverages to be served at such affair where the host is anyone other than a bona fide member of the club is
for the host to purchase them at a liquor store or from a retail licensee who is permitted to sell package
goods and bring them into the club licensed premises for use at the affair. The club licensee cannot sell or
in any way provide alcoholic beverages nor can it impose a charge related to those alcoholic beverages. The
club may only sell food and non-alcoholic beverages to the host renting the facility. The host, if it is an
organization conducting a fundraiser, is required to obtain a Social Affair Permit. (See “Social Affair
Permit.”)
All other rules and regulations which apply to plenary retail licenses, such as those dealing with the
purchase of alcoholic beverages, keeping records, etc., apply to club licensees. (See N.J.S.A. 33:1-12;
N.J.A.C. 13:2-8.1 through 8.14; and for a comprehensive discussion of club licenses and privileges, see
17

A.B.C. Bulletin 2431, Item 7, and A.B.C. Bulletin 2468, Item 1.)
C.O.D. – See “Credit Practices” and “Credit Compliance Information”
COMBINATION SALES – See “Tied and Combination Sales”
COMPLAINTS
HOW SHOULD SOMEONE REPORT A VIOLATION OR SUSPECTED VIOLATION OF AN ALCOHOLIC
BEVERAGE CONTROL LAW, RULE OR REGULATION?
A suspected violation of an Alcoholic Beverage Control Law, statute, regulation or rule may be reported to
the local police department or to the Division of A.B.C. Investigations Bureau.
Complaints made to the A.B.C. Investigations Bureau may be made telephonically by dialing 866-713-8392
during normal business hours. Anonymous complaints are accepted.
Complaints are also accepted by letter addressed to:
NJ Division of Alcoholic Beverage Control
Investigations Bureau
140 East Front Street
P.O. Box 087
Trenton, NJ 08625-0087.
In addition, complaints are also accepted through the A.B.C. Internet website at:
http://www.nj.gov/oag/abc/feedback.html.
COMPLIMENTARY DRINKS
CAN A CONSUMPTION LICENSEE OR EMPLOYEE BUY A CUSTOMER A DRINK OR GIVE THE
CUSTOMER A DRINK “ON THE HOUSE?”
Yes, with certain qualifications. The general rule is that a licensee cannot sell any alcoholic beverage,
whether in original package or by the drink, which would fall below the cost of that beverage. Generally,
the offering of a free drink would cause it to be below cost and thus would be prohibited. There are,
however, certain exceptions which permit a complimentary alcoholic beverage to be served to a patron.
(See A.B.C. Bulletin 2440, Item 2.) The three exceptions are:
(1)

The Division of A.B.C. recognizes the long-standing practice of allowing a retail licensee to “buy a
drink” for a patron as a gesture of good will. This activity is permitted so long as there is no
advertising of the fact that the retail licensee will “buy” a patron a drink at any established interval
or based on the purchase by the patron of a certain number of drinks or other products. Where a
18

licensee engages in this practice of “buying a drink” for a patron, the licensee must be careful that it
does not result in over consumption by the patron.
It should be noted that where someone identified other than the licensee, such as the band or the DJ,
offers a free drink for certain patrons or during certain times, these activities will only be permitted
if the licensee can lawfully conduct such a promotion. The band or the DJ is considered for
alcoholic beverage control purposes as the licensee’s employees since their services are in
furtherance of the licensee’s business. Accordingly, the licensee is responsible for their actions.
Thus, a promotion that limits the offer to one free drink on the DJ would be lawful because the
licensee itself could conduct such a promotion. In contrast, a promotion advertising “free drinks to
all ladies for two hours on the DJ” is not permitted because it involves giving away more than one
free drink, and since that cannot be done by the licensee, it also cannot be done by the licensee=s
employees.
(2)

The Division also permits retail licensees to utilize a “free drink coupon.” The Division has
permitted retail licensees to offer a patron one open container drink per day per patron by utilization
of a coupon or other similar advertising device.

(3)

The Division also permits a licensee to include one alcoholic beverage drink to be given
complimentary with or to be included in the price of a meal. In such situations, the licensee may
advertise that the beverage is included with the meal or is complimentary with the meal. The
Division also requires that the patron have the opportunity to choose a non-alcoholic beverage in
lieu of the included or complimentary drink. Promotions which offer to the general public unlimited
alcoholic beverages such as “champagne brunches” are not allowed. Only one free or
complimentary drink can be offered with the meal.

WHAT IS THE PERMISSIBLE SIZE OR APPROPRIATE CONTAINER FOR FREE OR COMPLIMENTARY
DRINKS?
Free or complimentary alcoholic beverage drinks with a meal can only be offered in a glass from which
patrons drink or in a “split” (187 ml) of wine. Except for the “split,” other intermediate containers such as
carafes and pitchers from which the beverage is then poured into drinking glasses are not permitted.
For hotel and motel licensees only, it has been recognized that, under certain limited circumstances, a 750
ml bottle of champagne or similar sparkling or still wine may be offered. Such licensees are permitted to
offer a complimentary bottle of champagne or wine not to exceed 750 ml in size in its original container to
their hotel guests who are there as a result of a weekend, honeymoon or other specialty package which is
provided by such retail licensees, provided that those guests are at least 21 yeas of age. (See A.B.C. Bulletin
2452, Item 4.)
CONCESSIONAIRE’S AGREEMENT
WHAT IS A “CONCESSIONAIRE’S AGREEMENT?”
19

A “concessionaire=s agreement” is a written agreement between a licensee and a non-licensed entity wherein
the non-licensed entity sells food and non-alcoholic beverages on a licensed premises. This agreement is
used when the licensee does not want to operate the food portion of the business. Licensees who are
considering such type of operation on their premises should contact the Division and request a copy of the
informational letter discussing “concessionaire’s agreements.” The fact that a restaurant is being conducted
on the licensed premises should be noted on page 4 of the license application.
CONFLICT LICENSE
WHAT IS A “CONFLICT LICENSE?”
No retail license other than a Club License, may be issued, transferred or renewed by a local issuing
authority if a member of that issuing authority (i.e., Mayor, Council Member, Committee Member) has an
interest, either direct or indirect, in that license. In such instances, applications for transfer or renewal, must
be made directly to the Director of the Division of Alcoholic Beverage Control for his/her approval.
(N.J.S.A. 33:1-20; N.J.A.C. 13:2-4.1 through 13:2-4.10.)
CONSUMPTION OFF LICENSED PREMISES
IS IT A VIOLATION FOR A CUSTOMER TO PURCHASE AN ALCOHOLIC BEVERAGE, GO OUTSIDE
AND CONSUME IT?
If a patron purchases a drink in an open container, he cannot remove it from the licensed premises. If a
patron purchases package goods, the unopened containers can be taken outside. Once off the licensed
portion of a premises, the patron can legally open and consume it (unless there is a municipal ordinance
prohibiting it). If this is done in the area of the licensed premises, it can easily lead to problems and
possible restrictions being placed on the license at renewal time. A wise licensee will take steps to ensure
that this practice does not occur since it can only lead to a variety of problems. The licensee should also be
aware that if it offers smoking outside the licensed premises or on an unlicensed deck, the patron cannot
remove open containers from the licensed premises to these areas to consume while smoking.
CONTENT AND SIZE OF DRINK
HOW MUCH LIQUOR OR WINE MUST BE USED IN A DRINK?
There is no regulation regarding the amount of an alcoholic beverage that must be included in a drink unless
it is advertised that the drink includes a certain amount of liquor or wine. In pouring or mixing drinks,
however, one should always be conscious of over consumption by a patron. (See “Complimentary Drinks”
and “Happy Hours.”)
CONTEST PRIZES
MAY ALCOHOLIC BEVERAGES BE GIVEN AS PRIZES IN ANY CONTEST OR SWEEPSTAKES ON A
LICENSED PREMISES?

20

No. A licensee is not permitted to offer a free drink or alcoholic beverage as a prize or reward. A licensee
is also prohibited from offering as a prize or reward a gift certificate which includes alcoholic beverages. If
it were done, it would be considered a sale below cost. (N.J.A.C. 13:2-24.8.)

21

CONTESTS
MAY A LICENSEE CONDUCT DANCE, SINGING OR OTHER SIMILAR CONTESTS?
Yes. Generally speaking, a licensee may conduct contests (dance, singing, costume, etc.) so long as the
activity does not involve something that would violate a law or regulation and no purchase of alcoholic
beverages is required as a condition of entry. No alcoholic beverage can be offered or given as a prize. (See
A.B.C. Bulletin 2381, Item 4; see also “Card Playing/Dart Games.”)
CONTRIBUTIONS – See “Donations of Alcoholic Beverages”
COOKING ALCOHOL
WHAT IS “COOKING ALCOHOL,” AND CAN IT BE USED BY A LICENSEE WHO IS UNDER
SUSPENSION?
Cooking alcohol is an alcohol product which has been made unfit for beverage or drinking purposes, usually
by the addition of salt. It is no longer an alcoholic beverage and is therefore not subject to Alcoholic
Beverage Control Laws and regulations. Consequently, it can be utilized by a licensee whose license is
under suspension even though no alcoholic beverage activity is permitted on the licensed premises.
A licensee under suspension, however, may not utilize any alcoholic beverage, even for cooking purposes.
CO-OP ADVERTISING
A licensee may join with other licensees in advertising. This is commonly referred to as cooperative
advertising or “co-op advertising.” When this is done, the advertised prices must be set by only one of the
licensees taking part in the ad, and the ad must prominently indicate the identity of that licensee. There
must also be language to the effect that those prices and the products pertain only to that one licensee and
may not be available, or available at that price, from other licensees listed in the advertisement. (N.J.A.C.
13:2-24.10.) (See “Advertising.”)
CO-OP PURCHASING
WHAT IS INVOLVED IN COOPERATIVE PURCHASING?
A retail licensee may join with other retail licensees to cooperatively purchase alcoholic beverages. Before
actually making any such cooperative purchase, the licensees must enter into a written agreement among
themselves and must file such agreement with the Division of A.B.C. In addition, all the licensees must
apply for a Cooperative Purchasing Permit with the Division and obtain a cooperative registration number.
Each cooperative must renew its registration by August 1 of each year and pay an annual fee for each retail
licensee in the cooperative. Licensees may be added or deleted from the co-op during the term of
authorization provided that the request for either action contains each licensee=s written acknowledgment
and proof of participation in the written cooperative agreement.

22

The total number of retail licensees that may participate in a purchasing cooperative is limited to the largest
number of plenary retail distribution licenses issued to any one person as of the previous July 1st. A retail
licensee may belong to more than one cooperative.
Retail licensees who are members of a cooperative must be sure that the restrictions that are contained in the
applicable regulations (e.g., participation, delivery and transportation restrictions, etc.) are carefully
followed. (N.J.A.C. 13:2-26.1; N.J.A.C. 13:2-23.21.) (See A.B.C. Bulletin 2430, Item 5, and A.B.C.
Bulletin 2435, Item 5.) (See “Storage of Alcoholic Beverages.”)
WHAT IS THE EFFECT WHEN ONE MEMBER OF THE CO-OP DOES NOT PAY ITS INVOICE?
When a retailer joins a co-op, it signs an agreement that it will be individually and jointly liable for payment
of all alcoholic beverages purchased by any member of the co-op which are part of the co-op purchase. This
means that if any member of the group does not pay pursuant to the terms of sale of a co-op purchase, the
wholesaler can look to and seek payment from every other member of the co-op. Wholesalers efforts to
collect such moneys are only enforceable in a competent court of law. Nevertheless, some co-op=s post a
bond with the wholesaler and require every member to contribute toward the premium.
Besides such provisions, the Division, by regulation, has established certain requirements regarding credit
terms between wholesalers and retailers. Under these regulations, unless specifically stated in the
agreement between the co-op and the individual wholesaler, only the defaulting retailer will be placed on
C.O.D. status and not the entire co-op. In this case, if a defaulted member wishes to participate in a co-op
purchase, arrangements must be made for cash payment at the delivery site. Therefore, the defaulting
member must either prepay to the wholesaler or have its payment at the delivery site before its portion of the
purchase can be delivered.
CORPORATE STRUCTURE CHANGE – See “Stockholder Change”
COST
HOW IS “COST” DETERMINED WITH REFERENCE TO THE REGULATION WHICH PROHIBITS A
SALE BELOW COST?
“Cost” to the retail licensee is determined by the actual total price shown on the invoice from the
wholesaler, including all applicable taxes. The cost of a bottle or drink is then determined by dividing the
total price by the number of bottles or single drinks included in the total figure. If the “cost” figure works
out to a fractional cent, the lowest amount at which the bottle or drink may be sold by the retailer is the next
highest cent. (See A.B.C. Bulletin 2429, Item 3.) The actual invoice price shall be determined by the “lastin-first-out” method of applying generally accepted accounting principles.
The serving of a complimentary drink (see “Complimentary Drinks”) is an exception to the prohibition of
sales below cost.

23

COUPONS
ARE COUPONS ALLOWED?
It is permissible for a retail licensee to establish his own coupon program which offers a percentage discount
(not based on any minimum purchase), a fixed dollar amount discount or a special price on alcoholic
beverages upon presentation. (See A.B.C. Bulletin 2381, Item 3.) Such coupons may be made available by
distribution on the licensed premises or by printing in news media or through a general resident mailing
service. A coupon for a future purchase may not be given with or conditioned on the purchase of an
alcoholic beverage product. Also, when a coupon is utilized, the licensee must make certain that a sufficient
quantity of the offered product is on hand or immediately available to meet the anticipated demand.
Additionally, when using a coupon, a retailer must make certain that the price of the item will not fall below
its cost. (See “Cost;” see also “Advertising” and “Complimentary Drinks.”)
Coupons of another type, which are commonly called “manufacturers’ coupons,” are not permitted for the
purchase of alcoholic beverages. These are the “cents off” coupons which are generally distributed by
manufacturers and would be redeemable in the retail store by a customer and later presented to the
manufacturer by the retailer for reimbursement. Manufacturers of alcoholic beverages should know that
these are not permitted in New Jersey and any such cents off coupons that they utilize should indicate
thereon that they are not valid in New Jersey, and they should not be distributed in this State.
In contrast, mail-in manufacturer rebate offers are permitted in New Jersey, but such rebate coupons can
only be handled through the mail between the consumer and the manufacturer. (N.J.A.C. 13:2-24.11.) (See
“Rebates.”)
COVER CHARGES
ARE “COVER” OR ADMISSION CHARGES PERMITTED FOR ADMISSION TO LICENSED PREMISES?
Yes. The “cover” or admission charge may also include one, but not more than one, drink. Also, it may not
in any manner allow a patron to participate in a drawing or anything similar since that would be considered
gambling. (N.J.A.C. 13:2-23.7 and 23.16.) (See “Complimentary Drinks” and “Gambling.”)
HOW DO I REFLECT THE COLLECTION OF COVER CHARGES IN MY BOOKS AND RECORDS?
All cover charges are considered income of the licensed establishment and must be reflected in the books of
account. (See “Books of Account.”) If cover charges are used to pay for a band, a promoter or other
entertainment, the total amount of the collected cover charges should be deposited into the business
accounts and recorded as income. The payment for the entertainment should be in the form of a business
check and recorded as an expense.
CRANE MACHINES – See “Claw and Crane Machines”

24

CREDIT CARDS
MAY A LICENSEE ACCEPT CREDIT CARDS FOR PURCHASES, AND MAY THAT FACT BE
ADVERTISED?
Yes. A licensee may accept credit cards in payment and may advertise that fact in newspapers or other
media. (See A.B.C. Bulletin 2224, Item 7; see also “Home Deliveries.”)
CREDIT PRACTICES
HOW MUCH CREDIT MUST A WHOLESALER EXTEND TO A RETAILER, AND WHAT HAPPENS IF
THE BILL IS NOT PAID IN THAT TIME?
A wholesaler is not required to give credit but may extend credit to a retailer up to a maximum of 30 days of
delivery. The wholesaler must set forth its credit terms both in its “Current Price List” (“C.P.L.”) filed
monthly with the Division of A.B.C. and on invoices. Credit terms must be the same for all retailers unless
different terms are justified by the financial or credit history or risk of a particular retail account.
If the wholesaler has not been paid within the established credit period, the wholesaler is required to give or
send a retailer a Notice of Obligation within three (3) business days. This Notice of Obligation is a
reminder of the bill and must basically identify the terms of the debt and advise the retailer of the right to
dispute the debt by notifying the Division of A.B.C. If still not paid within three (3) more business days, the
wholesaler must give the overdue licensee and all other wholesalers who sell to retailers a Notice of
Delinquency. This Notice advises the other wholesalers of the debt and of the fact that no credit may be
extended until the debt is paid and the wholesaler issues a Notice of Satisfaction. Until that time, a licensee
may only purchase alcoholic beverages on a prepaid or cash on delivery (C.O.D.) basis. The Notice of
Satisfaction must be given to the other wholesalers within three (3) business days after the debt is paid.
(N.J.A.C. 13:2-24.4.) In addition to the sanctions described above, the wholesaler must also charge any
interest or penalties that were set forth in its C.P.L. and which appeared in the terms set forth on the invoice
for the alcoholic beverages for which payment was not made on time.
HOW IS A LICENSEE’S C.O.D. STATUS REMOVED?
In most instances, licensees can have their C.O.D. status removed only by paying the amount of the unpaid
invoice together with interest and penalties. However, a licensee may be taken off C.O.D. status by the
Director if the licensee submits a written petition with notice to all creditor wholesalers in such instances
where:
(1)

the licensee and wholesalers to whom money is owed have executed among themselves a written
repayment plan; or

(2)

the license has been the subject of a formal debt liquidation plan pursuant to federal or State
insolvency proceedings where notice of the proceedings was given to all the creditor wholesalers or

25

(3)

the licensee has received a transfer of the license from the issuing authority pursuant to a sale
approved under (a) federal or State insolvency proceedings, (b) State receivership HIP action, (c)
New Jersey Division of Taxation seizure of the license or (d) IRS seizure of the license where the
petitioner is not connected to the old licensee who incurred the debts.

In all other instances, the C.O.D. status will follow the license through subsequent person-to-person
transfers. See N.J.A.C. 13:2-24.4.
CREDIT COMPLIANCE INFORMATION
To check if a license is on C.O.D. status, please contact Credit Compliance at (609) 585-8000. Their
address is 941 Whitehorse Avenue, Hamilton, New Jersey 08610.
CURRENT PRICE LIST
WHAT IS THE “CURRENT PRICE LIST?”
The “Current Price List,” commonly referred to as the “C.P.L.,” is the list of prices and terms of sale which
each wholesaler who sells to retailers is required to maintain and to file monthly with the Division of A.B.C.
The monthly filing must be made by the 15th day of each month with the prices that are in effect for the
entire calendar month that follows. On the third business day following the filing of the C.P.L.s, they are
made available for inspection by the members of the industry at the offices of the Division of A.B.C.
A retail licensee may not purchase alcoholic beverages on any terms or for any price that differs from those
listed in the C.P.L. See N.J.A.C. 13:2-24.6(9)3-7.
DEATH OF LICENSEE – See “Extension of License”
DISPLAYS
WHAT DISPLAYS OR PROMOTIONAL MATERIALS CAN A RETAILER LEGALLY RECEIVE FROM
WHOLESALERS, MANUFACTURERS AND OTHER SUPPLIERS?
The Division of A.B.C., with some exceptions, generally does not specify by type what displays or
promotional materials are permitted or prohibited. Wholesaler, manufacturers and other suppliers may
provide advertising material and product displays for use on retail licensed premises provided those
offerings are not conditioned upon future purchases of alcoholic beverages and further provided that the
supplier of the materials maintains certain records and does not discriminate between licensees.
These displays may include wine racks, bins, barrels, casks, shelving and the like from which alcoholic
beverages can be displayed and sold. They may involve product advertisement by banners, consumer selfliquidating offers, case cards, advertising of consumer novelties, recipe books, napkins, etc. These items are
supplied by manufacturers or wholesalers generally at their own expense. A retailer may not be paid or
charged for placing or permitting a display on the licensed premises or for using advertising materials.
26

Retailers should be aware that the providing of advertising display material at retail licensed premises can
be done by either a licensed New Jersey wholesaler utilizing its own employees or by a display service
company registered under N.J.A.C. 13:2-24.12. When the display is placed by a registered display service
company, the retail licensee must receive a copy of the placement invoice. The retailer can refuse to have a
display placed in its establishment but it cannot refuse to permit one company to place the display and
thereafter accept it from another company it favors. Nor can the retail licensee state that it will only accept
displays booked with certain display companies. (See A.B.C. Bulletin 2441, Item 7.)
DIVISION OF ALCOHOLIC BEVERAGE CONTROL
WHAT IS THE “DIVISION OF ALCOHOLIC BEVERAGE CONTROL?”
The Division of Alcoholic Beverage Control (“Division of A.B.C.” or “A.B.C.”) is the unit of State
Government that is charged with regulating the commerce of alcoholic beverages within the State of New
Jersey. The 21st Amendment to the United States Constitution gave each state the right to determine
whether to allow alcoholic beverages, and, if so, how to regulate them. As soon as the amendment was
adopted in 1933, New Jersey enacted its Alcoholic Beverage Control Law, which is commonly known as
Title 33 (since the Alcoholic Beverage Control Law is contained in the Revised Statutes as the 33rd title
listed alphabetically by major subject matter and under the title of “Intoxicating Liquors”). In that law, a
Department of Alcoholic Beverage Control was established under a Commissioner. In the late 1940’s, after
New Jersey’s 1947 Constitution was adopted, some departments were consolidated and the Department of
Alcoholic Beverage Control was absorbed into and became a division of the Department of Law and Public
Safety under the New Jersey Attorney General.
The Division of A.B.C. is headed by a Director, whose function is to supervise the manufacture, distribution
and sale of alcoholic beverages in such a manner as to fulfill the public policy and legislative purpose of the
Alcoholic Beverage Control Law. (N.J.S.A. 33:1-1.1 and 33:1-3.) (See A.B.C. Bulletin 2443, Item 1.)
A listing of personnel within each of the Division=s Bureaus is found at the beginning of this Handbook.
DOCUMENTS AND RECORDS
WHAT DOCUMENTS AND RECORDS MUST A LICENSEE KEEP ON THE LICENSED PREMISES AND
MAKE AVAILABLE FOR INSPECTION BY PERSONS AUTHORIZED TO ENFORCE THE ALCOHOLIC
BEVERAGE CONTROL LAWS?
The following documents and records must be maintained on the licensed premises in such manner as to be
readily available upon demand to persons authorized to enforce the Alcoholic Beverage Control Laws:
(1)

current license certificate (which must also be conspicuously displayed in plain view of customers)
(N.J.A.C. 13:2-23.13(a)1);

27

(2)

a copy of the current license application with any amendments filed, if applicable, together with a
copy of the last full retail license application filed by the licensee (N.J.A.C. 13:2-23.13(a)2) (see
“Twelve-Page Application”);

(3)

a fully completed and up-to-date list of all persons currently working on the licensed premises
(commonly known as the “E-141-A” form or “Employee List”) (N.J.A.C. 13:2-23.13(a)3);

(4)

copies of delivery slips, invoices or similar documents which must be retained for a period of one
(1) year (see N.J.A.C. 13:2-20.4(b));

(5)

true books of account and other records including all business receipts, disbursements and funds
which, when used in connection with the licensed business, must be retained for a period of five (5)
years and, with respect to all moneys invested in the licensed business, all such records must be
retained for an unlimited period of time (see N.J.A.C. 13:2-23.32) (for additional information, see
“Books of Account”);

(6)

records of transactions with or placements by a registered display service (N.J.A.C. 13:2-24.12) and

(7)

N.J. Sales Tax Certificate of Authority number (see A.B.C. Bulletin 2457, Item 4, and see
“Inspections.”)

NOTE: At the time of the latest revisions to this Handbook, the required annual Federal Special Tax Stamp
was suspended by Congress. Should the Special Tax Stamp be re-instituted by the Federal government at
some future date, the current stamp must be displayed in the same manner as the A.B.C. license. In
addition, the licensee should be able to show proof of the Special Tax Stamp payment.
DONATIONS OF ALCOHOLIC BEVERAGES
CAN A RETAIL LICENSEE GIVE ALCOHOLIC BEVERAGES AS DONATIONS OR CONTRIBUTIONS?
No. It is prohibited for a retail licensee to donate any alcoholic beverage product in any form. Thus, if an
organization requests a donation of an alcoholic beverage product or gift certificate for an alcoholic
beverage product to be used as a door prize, etc., the licensee must refuse. Since a “gift” of alcoholic
beverages by a licensee is by definition a “sale,” to give such a donation would be a sale below cost and is
prohibited. (N.J.A.C. 13:2-24.8; see also “Cost.”)
DRESS CODE
MAY A LICENSEE ESTABLISH A DRESS CODE?
Nothing in the Alcoholic Beverage Control Laws or regulations prohibits a licensee from establishing a
dress code. There may, however, be requirements imposed by other agencies that must be observed.

28

DRIVE-IN WINDOW SALES
ARE “DRIVE-IN WINDOW” OR “CURB SALES” PERMITTED?
The concept of a “drive-in window” or “curb service” is not permitted for a retail licensee. In most cases, to
provide such service, the actual sale would occur off the licensed premises. In addition, the Division, for
obvious public policy reasons, disapproves of this type of operation. The sensitivity of the relationship
between alcoholic beverages and motor vehicle operations is such that this is not a prudent practice, nor
does it provide to the licensee the best opportunities to visually observe the patron to ascertain whether that
patron is of legal age or is actually or apparently intoxicated. (See A.B.C. Bulletin 1031, Item 3.)
E-141-A FORM
WHAT IS THE “E-141-A FORM?”
The “E-141-A form” is the employment list and form prescribed by the Director of the A.B.C. containing
names, addresses and other required information of all persons employed on retail licensed premises. All
persons defined as an employee by the A.B.C. must be listed on the employment list. (See “Employee” for
additional details.) The form must be maintained in an up-to-date manner at all times. A blank form is
available from the Division of A.B.C. or through the Internet at the A.B.C. Internet site
www.nj.gov/lps/abc/downloads/e141a.pdf. It is permissible for photocopies of the form to be utilized.
(N.J.A.C. 13:2-23.13(a)3.) (See “Documents and Records.”)
The E-141-A form must be maintained by every retail licensee and kept on the licensed premises unless
specific written permission to utilize an alternative format or place is given by the A.B.C. Director. This
permission will only be given in exceptional circumstances such as when the licensee has several thousand
employees. (See A.B.C. Bulletin 2431, Item 5.) Licensees who have a computer which is programmed to
list all of the information required on the E-141-A form in substantially the same format, may utilize same
as long as the information contained therein is current, accurate, up-to-date and capable of being
immediately printed out upon request by authorized officials. (See A.B.C. Bulletin 2447, Item 2.) The
employment list must be produced when requested by any law enforcement officer or employees of the
A.B.C.
Employees under 18 years of age in most instances must have a “Minor’s Permit” issued by this Division
and that such permit number must be listed on the form. (See “Age Limits.”)
Employees convicted of a crime must indicate same on the E-141-A form and are presumptively prohibited
from working until written authorization is received from the Division. If issued, the employee=s
Rehabilitation Employment Permit Number or Eligibility Determination Number must be listed on the E141-A form. (See “Rehabilitation Employment Permit/Disqualification Removal.”)

29

ELIGIBILITY, DETERMINATION OF
WHAT IS A “DETERMINATION OF ELIGIBILITY,” AND WHEN IS IT NECESSARY?
Under New Jersey Alcoholic Beverage Control Law, persons convicted of a crime involving moral turpitude
are unable to have any interest in or BE EMPLOYED BY AN A.B.C. LICENSEE. (See Rehabilitation
Employment Permit/Disqualification Removal.”) In some instances, it may be unclear whether a conviction
involves an element of moral turpitude. In those instances the convicted person can petition the Division to
render a determination of eligibility as to whether or not the crime does involve an element of moral
turpitude.
Generally, crimes involving moral turpitude are those deemed serious by society.
In order to obtain a determination of eligibility, it will be necessary for the petitioner to submit a copy of the
following documents:
(1)

a copy of an indictment, if one was issued;

(2)

minutes of the Grand Jury presentation, if one was conducted;

(3)

any probation or pre-sentence report issued;

(4)

a certified true copy of the Judgement of Conviction;

(5)

an Affidavit executed by the petitioner containing:
(a)

all the facts and circumstances surrounding the arrest, indictment (if applicable), conviction
and sentencing;

(b)

an affirmative statement if there was no indictment, Grand Jury minutes and/or
probation/pre-sentence report that either same were never issued or else a justifiable reason
is provided as to why such documents were not submitted for review and

(c)

a statement of whether or not the petitioner has been convicted of any other criminal matters
or if there are any pending criminal dispositions at the present time;

(6)

any other official reports that may have been prepared relative to this matter AND

(7)

any other documents or matters the petitioner believes would have relevance to the decision in this
matter.

Upon receipt of the submitted documents, the matter will first be reviewed by the Director who may be able
to determine whether the conviction was not for a crime involving moral turpitude; and, therefore, the
30

petitioner is eligible to have an interest in an alcoholic beverage license. The petitioner may be required to
divest any interest in the license pending such final determination. (See “Rehabilitation Employment
Permit/Disqualification Removal” and “Moral Turpitude;” see also “Fee Schedule” at the end of this
Handbook.)
It should be noted that, by definition, convictions for disorderly persons offenses are not crimes, and
therefore, such convictions do not render a person criminally disqualified for licensure. Such convictions
can bear on whether or not a person is reputable, however, and in such instance an issuing authority could
decline to issue or transfer an alcoholic beverage license to a person who has not established that she/he is a
reputable person who will operate the business in a reputable manner.
EMPLOYEE
WHO IS CONSIDERED TO BE AN “EMPLOYEE” OF A LICENSEE?
Any person who performs services in connection with the licensed business is considered to be an
“employee.” This covers people that are included on the payroll of the licensee, persons who perform
services on the licensed premises pursuant to a contract (independent contractor) and who are not included
on the licensee=s payroll and even people who are not paid for their work or services, including family
members who may temporarily be “minding” the business while the owner is away from the premises.
Some common examples of persons considered “employees” include those regularly employed such as
managers, bartenders, waiters and waitresses, cooks, janitors, door-persons, bouncers, cashiers, dishwashers,
bus-persons, clerks, stock clerks, delivery people and those hired under a contract, such as a promoter, a
band member, singer, disc jockey, dancer, private security guard, private parking attendant, janitorial service
person and others who regularly perform services required in the operation of the licensed business. Persons
who are engaged to perform extraordinary repairs to the licensed premises, such as an electrician or
plumber, provided they are independent business persons and are not under the direct supervision of the
licensee, are not generally considered employees for A.B.C. purposes.
All persons who are considered employees must be listed on the “E-141-A” form. (See “Documents and
Records” and “E-141-A Form.”)
Each employee must meet the following qualifications:
(1)

must be at least 18 years of age or have the necessary employment permit (see “Age Limits”);

(2)

has not been convicted of a crime (with certain limited exceptions) unless the disqualification has
been removed or a Rehabilitation Employment Permit (or temporary work letter) has been issued by
the A.B.C. Director (see “Rehabilitation Employment Permit/Disqualification Removal”);

(3)

is not a full-time law enforcement officer in the community in which the license is located (see
“Police Officer Employment”);

31

(4)

does not have an interest in any manufacturer or wholesaler of alcoholic beverages (N.J.S.A. 33:143) and is not employed as a solicitor (N.J.A.C. 13:2-16.7) (see “Tied-House Statute”);

(5)

has no disqualification resulting from having had an interest in a revoked license (N.J.S.A. 33:1-31)
and

(6)

does not have an interest in more than two retail licenses, unless grandfathered or covered by an
exception (N.J.S.A. 33:1-12.31) (see “Two-License Limitation”).

EMPLOYEE LIST – See “E-141-A Form”
EMPLOYER RESPONSIBILITY
CAN THE OWNER OF A LICENSE BE CHARGED WITH A VIOLATION BASED SOLELY ON
SOMETHING AN EMPLOYEE DOES OR DOES NOT DO?
Yes. The licensee is responsible for the acts of employees even if those acts are contrary to specific
instructions and even if it occurs during the absence of the licensee. It is the licensee=s responsibility to
monitor and control the activities and performance of employees. (N.J.A.C. 13:2-23.28.)
ENTERTAINERS
MUST A LICENSEE OBTAIN APPROVAL TO HIRE A BAND, SINGER, DANCER OR OTHER
ENTERTAINER?
There is no State A.B.C. regulation or law that requires approval for a licensee to hire an entertainer, but
some municipalities have ordinances requiring an entertainer to be licensed or registered. There are also
certain age requirements, and in most instances, entertainers must be at least 18 years of age. (See “Age
Limits.”) Entertainers are considered employees of the licensee for A.B.C. purposes. (See “E-141-A Form”
and “Employee;” see also “Go-Go Dancers.”)
Licensees should note, however, that if a band member or other entertainer is a police officer, approval for
such employment is required. N.J.A.C. 13:2-23.31. (See “Police Officer Employment.”)
EXCLUDING PATRONS – See “Patrons, Excluding”
EXTENSION OF LICENSE
WHAT MUST BE DONE IF A LICENSEE DIES OR A LICENSE IS INVOLVED IN INSOLVENCY COURT
PROCEEDINGS?
If a license is held solely by an individual who dies, the licensed business cannot be operated until the
license is extended to an executor or administrator by the local issuing authority. In order to keep the
licensed business operating immediately following the licensee=s death, pending appointment of the
executor or administrator, the prospective executor or administrator may petition the Division of A.B.C. for
32

a Special Permit to operate. (N.J.S.A. 33:1-26; N.J.A.C. 13:2-6.) When a partner or stockholder dies, the
license can continue to operate. The license application, however, must be amended to indicate assignment
of the deceased=s interest to an executor or administrator. When a licensee goes into bankruptcy,
receivership or similar court-supervised insolvency proceedings, the license must be extended to the trustee,
receiver or other court-appointed person by the issuing authority. Until that is done, the licensed business
can only continue to operate on a special permit issued by the Division of A.B.C.
In extending licenses, a complete 12-page license application is required.
Application.”)

(See “Retail License

When the licensee’s estate is settled or the insolvency proceedings are concluded, a person-to-person
transfer from the executor, administrator, trustee, etc., to the person or persons legally entitled to the license
at that point is required. (See “License Transfer.”)
EXTENSION OF PREMISES
HOW CAN A RETAIL CONSUMPTION LICENSEE USE AN UNLICENSED AREA FOR A SPECIAL
EVENT WHERE THE LICENSED PREMISES IS TOO SMALL?
A retail consumption licensee may apply for an “Extension of Premises” Permit to extend or expand the
area on which alcoholic beverages for consumption on the premises may be sold and served. The extension
area must be contiguous to or adjoin the permanently licensed premises. It is usually issued to allow the
sale and service in a parking lot, outside lawn area, etc. The sale of any package goods on the extension
area is prohibited.
Application is made to the Division of A.B.C., which must include a description and sketch of the extension
area, security measures, reason for the extension and the date and hours the permit is to be in effect. This
application must contain written consent of the municipal clerk and the police chief of the municipality in
which the license is situated and of the owner of the extension area, if other than the licensee. NO MORE
THAN 25 PERMITS MAY COVER ANY ONE AREA OR LOCATION IN EACH CALENDAR
YEAR. (See “Fee Schedule” at the end of this Handbook.)
Any permanent enlargement of the area that constitutes the licensed premises as initially or previously
approved requires a place-to-place transfer.
FALSE IDENTIFICATION
WHAT SHOULD A RETAIL LICENSEE DO WHEN AGE IDENTIFICATION IS PRESENTED?
See “Age to Purchase” where the permissible forms of age identification are discussed. Licensees are
cautioned that many young people have obtained counterfeit photo driver’s licenses or photo identification
cards or they have made alterations to their own licenses or identification cards. Thorough inspection
should be made of any identification presented, and the person presenting it should be carefully questioned
and compared to the photograph and written information on the identification. Other pieces of
33

identification and comparison of signature may also be utilized in addition to the photo driver’s license or
photo identification card. This is especially true if the licensee is using an electronic swiping device to
determine if the individual is underage.
FEES – See “Fee Schedule” at the end of this Handbook or Check the Division of ABC’s website at
www.nj.gov/lps/abc/index.html for current applications and fee schedule.
FETAL ALCOHOL WARNING
AS A RETAIL LICENSEE, MUST I DISPLAY A FETAL ALCOHOL SYNDROME WARNING IN MY
ESTABLISHMENT?
Any establishment with a Class C license, except a Plenary Retail Transit License or a Club License, shall
ensure that a warning notice prepared by the New Jersey Department of Health is posted prominently in any
service area as well as on a wall, towel dispenser or other appropriate location in any public restroom for
women patrons. The notice warns patrons that alcohol consumption during pregnancy has been determined
to be harmful to the fetus and can cause birth defects, low birth weight and Fetal Alcohol Syndrome, which
is one of the leading causes of mental retardation. Warning notices are available from your local health
department or the A.B.C. Internet site in the Investigations Bureau “Forms and Publications” section. (See
N.J.S.A. 33:1-12a.)
FINGERPRINTING
MUST APPLICANTS FOR RETAIL LICENSES AND EMPLOYEES OF RETAIL LICENSEES BE
FINGERPRINTED?
A person who has been convicted of a crime is usually prohibited from holding an interest in an alcoholic
beverage license, and the municipality often requires fingerprinting of applicants to verify that such
individuals are not criminally disqualified.
The same prohibition exists for employees (unless they have applied for and received written authorization
from the Division of A.B.C.). (See “Rehabilitation Employment Permit/Disqualification Removal.”) Also,
some municipalities have adopted ordinances requiring the municipal licensing of some employees.
Fingerprinting is often required to verify that the potential employee is not criminally disqualified.
(N.J.A.C. 13:2-23.26.)
An applicant or employee may be required to pay a fee for the fingerprint check.
FOOTBALL POOLS – See “Gambling”
FREE DRINKS – See “Complimentary Drinks”

34

FREE FOOD
IS IT PERMISSIBLE TO SERVE FREE FOOD IN A TAVERN OR RESTAURANT?
Yes, as long as the free food or snacks are available to everyone and the purchase of an alcoholic beverage
is not required in order for a patron to be served the free food or snacks. (N.J.A.C. 13:2-23.16.) There is no
limitation on the type or quantity of free food or snacks that can be provided. (See “Happy Hours.”)
GAMBLING
IS GAMBLING ALLOWED ON LICENSED PREMISES?
Generally, neither gambling nor gambling paraphernalia is allowed on licensed premises. Those games or
activities, however, which are licensed under the New Jersey laws dealing with bingo, raffles or lotteries and
charity sponsored “casino nights” may be conducted on a licensed premises. (If you have a N.J. Lottery
machine, you must indicate same on page 4 of your license application.)
Any other unlicensed game or activity where chance and not skill is the primary element and a person pays
money or anything else of value in the hope or expectation of winning money, a prize or some other
valuable thing, is prohibited. This prohibition does not apply to the holding of a tournament, such as darts
or bowling, where skill, and not chance, is the determining factor. (N.J.A.C. 13:2-23.7.)
A sweepstakes is permitted provided no fee or purchase is required to enter. The prize, however, may not
include or be any alcoholic beverage. For example, if the prize is a free meal, that meal may not include
alcoholic beverages.
The Division has found that “football pools,” “sports pools” and “Super Bowl pools” constitute gambling
under the above definition, and are, therefore, prohibited on the licensed premises by both the licensee, its
employees and its customers.
Licensees are accountable for any prohibited gambling activity by patrons on the licensed premises. (See
“Bingo,” “Card Playing/Dart Games,” “Claw and Crane Machines,” “Contest Prizes” and “Raffle Tickets.”)
GIFT CERTIFICATES
ARE LICENSEES PERMITTED TO SELL GIFT CERTIFICATES TO BE USED FOR FOOD AND
ALCOHOLIC BEVERAGES?
Yes. Gift certificates are permitted as long as they are redeemable only at face value. They are permitted
for package goods as well as for food and alcoholic drinks to be consumed at a bar or restaurant, such as a
“dinner certificate.”
When a gift certificate is made available by a member of an advertising co-op or group of affiliated but not
identically owned stores and the certificate can be redeemed at any of the stores in that co-op or group, there
must be provision for full payment to be paid to the store where the certificate is redeemed if it is not the
35

store where the gift certificate was purchased. In such case, no profit may be made on the sale by anyone
other than the redeeming store, except that a flat service charge, which was pre-established, may be charged.
The service charge may not be a percentage of the value of the gift certificate or in any way based on its
value. (See A.B.C. Bulletin 2381, Item 6; see also “Contest Prizes.”)
GO-GO DANCERS
WHAT ARE THE RESTRICTIONS ON GO-GO DANCING?
Go-Go dancing, just as other live entertainment, cannot involve persons under the age of 18 years (see “Age
Limits”) and cannot involve “lewd or immoral activity.” (N.J.A.C. 13:2-23.6.) Such lewd or immoral
activity generally involves the lack of attire or covering on genitals or “private parts,” as well as female
breasts. See-through garments and the use of “pasties” are not considered sufficient covering. Simulation
of sexual activity, even if clothed, is also prohibited. Dancers are not permitted to touch or be touched by
patrons, and this includes the placing of tips in the costume of the dancer. A dancer also cannot solicit
drinks from patrons.
HAPPY HOURS
ARE “HAPPY HOUR” PROMOTIONS PERMITTED?
There is no prohibition on promotions, be they called “happy hours,” “attitude adjustment hours,” etc.,
provided they do not unduly promote the consumption of alcoholic beverages.
Certain practices, however, which do unduly promote the consumption of alcoholic beverages, are
absolutely prohibited. These include the offering or serving of “2 for 1,” increasing the size of a drink over
its usual size, any other multiple drink offer such as “all you can drink for a set price” or anything else that
gives something of value based on the purchase of an alcoholic beverage drink. (N.J.A.C. 13:2-23.16.)
The price of a drink can be reduced for a promotional purpose, but it cannot be brought down to where the
price is less than the cost of the drink. (N.J.A.C. 13:2-24.8; see also “Cost.”)
Free or reduced-price food or snacks can be given as long as the purchase of an alcoholic beverage is not
required. The Division of A.B.C., in fact, encourages that “happy hour” promotions be along this line, if
they are to take place at all. A detailed discussion concerning prohibited promotions is contained in A.B.C
Bulletin 2440, Item 2. (See “Complimentary Drinks.”)
HEARING FOR LICENSEES
WHEN DOES A LICENSEE HAVE THE RIGHT TO A HEARING CONCERNING A LICENSE?
Any time an application is made for the issuance of a license, a transfer of the license or the renewal of it,
the applicant must be given the opportunity to present its case or position before the issuing authority. If
there is no objection, it might not be necessary to do so. However, where there is an objection, the applicant
must be notified of that fact and must be given the chance to appear and present its case.
36

When a licensee is charged with a violation, the licensee must be given no less than five (5) days notice of
the charges and hearing date in order to have a reasonable opportunity to be heard, to present evidence and
to cross-examine witnesses.
The above applies to both proceedings before the Division of A.B.C. and before the municipality.
HOME DELIVERIES
ARE HOME DELIVERIES PERMITTED?
A licensee with plenary retail privileges may deliver alcoholic beverages (with or without a fee) to the
residence of a customer who has purchased the beverages at the New Jersey licensed premises. Such
purchase may take the form of either the customer actually being in the licensed premises and paying for the
beverage so that they actually become the customer=s property at that point, or it may be by a telephone
order, placed during the permitted hours of sale, where the cost is immediately charged to the customer=s
credit card or pre-established credit account so that the ordered beverage actually becomes the ordering
customer=s property at that point. It is not permitted to receive an order by telephone and then take the
alcoholic beverage to the ordering customer=s home with payment to be collected there. This would be a
sale at the home of the customer, which is off the licensed premises, and therefore, beyond the scope of the
license.
In making a permissible home delivery, a licensee must be sure that the alcoholic beverage is not delivered
into the hands of a person under the age of 21 years. Also, such deliveries may only be made during the
hours in which the licensee may legally sell alcoholic beverages. The licensee may legally transport
alcoholic beverages only in A.B.C. licensed vehicles. (See “Credit Cards” and “Transit Insignia Permit.”)
HOTEL/MOTEL – See “License – Retail”
You must indicate same on page 4 of your license application.
INACTIVE LICENSE
WHAT IS AN “INACTIVE LICENSE?”
An inactive license may be renewed by a municipality two times after the term in which the license became
inactive. If the license has been inactive for more than two license terms, the licensee must file a Verified
Petition in affidavit form and a filing fee with the Director (with a copy to the issuing authority), setting
forth what efforts have been made to site the license at an operating place of business or what specific plans
are in place for activating the license in the future. A licensee holding a license which has been inactive for
two full license terms or more should contact the Office of Counsel to the Director in the Division of A.B.C.
for the procedure to apply for relief pursuant to N.J.S.A. 33:1-12.39. Such licensees should also note that a
timely filed renewal application must be filed with the issuing authority and all fees paid before the Director
will act on a petition. (See “License Renewal” and “Lapsed License;” see also “Fee Schedule” at the end of
37

this Handbook.)
In all cases, municipal clerks should accept timely filed applications and fees and forward them to the
Licensing Bureau of the Division of A.B.C. but defer passing a resolution renewing the license until the
Special Ruling is issued by the Director and the issuing authority is in receipt of same. (N.J.S.A. 33:112.39.) (See “Pocket License.”)
INSPECTIONS – REVIEW OF BUSINESS RECORDS
IF THE LICENSEE OR A MANAGER IS NOT PRESENT WHEN EITHER A.B.C. INVESTIGATIONS
BUREAU PERSONNEL OR LOCAL LAW ENFORCEMENT PERSONNEL VISIT THE LICENSED
PREMISES, MUST DOCUMENTS AND RECORDS BE AVAILABLE?
Yes, records generally must be made immediately available upon demand. Employees should be instructed
as to where such records are located, and at least one of the employees on duty at all times should have
access to them.
If a licensee has a business reason to maintain the business records off the licensed premise, an application
can be made to the ABC Licensing Bureau for an annual “Off-Premise Storage of Business Records” permit.
The licensee must disclose to the A.B.C. the actual location where the business records are maintained and
stored and agree to produce any requested business record within seven days of the request. Once approved
by the A.B.C., a permit sticker will be issued. The licensee must display the sticker on the A.B.C. license
certificate. This will indicate to both the A.B.C. and local law enforcement that the business records are
maintained off the licensed premise. (“See Records – Permit for Off-Premise Storage of Business
Records.”)
A licensee can be cited for a violation if the records are not available or if a permit is issued, for not
producing the records within the time allowed. (See “Documents and Records” and “A.B.C. Investigations
Bureau.”)
INTOXICATED PATRONS
WHAT ARE A LICENSEE’S RESPONSIBILITIES TOWARD AN INTOXICATED PATRON?
The regulations prohibit a licensee from selling, serving or delivering any alcoholic beverage to a person
who is actually or even appears to be drunk or intoxicated. The licensee may not allow such a person to
consume any alcoholic beverage on the licensed premises. (N.J.A.C. 13:2-23.1(b).)
If the patron who is intoxicated or who appears to be intoxicated becomes unruly or insists that he be served
an alcoholic beverage, the local police should be called for assistance. In any event, such person should
never be served or allowed to continue to drink an alcoholic beverage while in such condition. It is
permissible, however, for such person to be served food, coffee or a non-alcoholic beverage. The licensee
should also do everything reasonably possible to prevent such person from driving. (See “Substituting
Beverages.”)
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39

INVESTIGATIONS OF THE APPLICANT
WHAT INVESTIGATION IS CONDUCTED OF AN APPLICANT FOR A RETAIL LICENSE?
The Alcoholic Beverage Control Law requires the local issuing authority to investigate applicants and
premises for licensure and to review licensees (and premises) at the time of renewal. This is generally done
by the local police department at the direction of the governing body or by investigators specifically
employed by a local A.B.C. Board. Regulations of the Division of A.B.C. require that at the time of the
issuance, transfer or renewal of a retail license, the municipal issuing authority affirmatively find and state
in a resolution the following:
(1)

that the application is fully completed;

(2)

that the applicant is qualified to be licensed according to all standards established under the Alcoholic
Beverage Control Law, A.B.C. regulations, local ordinances and conditions established for the license,
provided those conditions are consistent with State law AND

(3)

that the applicant has disclosed and that the local issuing authority has reviewed the source of all
funds used to purchase the license and the licensed business and any additional financing obtained in
connection with the licensed business. (N.J.S.A. 33:1-24; N.J.A.C. 13:2-2.9 and 13:2-7.10.)

In the course of the investigation the applicant may also be required to produce documents such as personal
or business tax returns, contracts, leases, etc., and to furnish sworn statements regarding matters relevant to
the application.
I.R.S. SEIZURE – See “Liens on Licenses”
ISSUING AUTHORITY
WHO IS THE ISSUING AUTHORITY FOR A RETAIL LICENSEE?
For retail licenses, other than Plenary Retail Transit Licenses, the issuing authority is the governing, body of
the municipality or the local A.B.C. Board. These entities are referred to as the “issuing authority” or the
“governing body.” However, if a member of the issuing authority has an interest in the license, the license
must then be issued by the Director of the Division of A.B.C. and is then called a “Conflict License.”
(N.J.S.A. 33:1-19 and 1-20; N.J.A.C. 13:2-4.) (See “Conflict License.”)
LAPSED LICENSE
WHAT CAN I DO IF I HAVE NOT RENEWED MY LICENSE BY THE TIME REQUIRED WITH THE
LOCAL ISSUING AUTHORITY?
Most retail licenses must be renewed with the local issuing authority by June 30th of the year ending the
current license term. If your license has not been renewed by June 30th, absent receipt of an Ad Interim
Permit from the Division of A.B.C., you must shut down your business. The law states that you must file
40

your renewal application and filing fees with the local issuing authority by June 30th or within 30 days
thereafter. As a result, if you do not file within that time, the issuing authority can no longer act upon your
application because your license has lapsed. You then have until July 30th of the year ending the new
license term to file a renewal application and filing fees with the issuing authority and file a Verified
Petition and filing fee with the Director of the Division of A.B.C. to request the issuance of a new license.
You must file a Verified Petition with the Division which establishes that the reason you did not file the
renewal application and fees within the time required was due to circumstances beyond your control. If you
do not file your renewal application and fees with the issuing authority and file your Verified Petition and
filing fee with the Division by July 30th of the year ending the new license term, the Division no longer has
jurisdiction to consider your petition and your license lapses and ceases to exist. (N.J.S.A. 33:1-12.18.)
(See “License Renewal;” see also “Fee Schedule” at the end of this Handbook.)
LAST CALL
MUST A LICENSEE OR EMPLOYEE OF A BAR OR TAVERN ANNOUNCE “LAST CALL?”
There is no requirement that “last call” be announced unless there is a local ordinance that requires it. In
any event, there must be strict compliance with the rules governing closing hours especially when
consumption must end and all patrons must be off the premises. (See “Closing Time.”)
LEASING OF LICENSE
CAN A LICENSEE ALLOW SOMEONE ELSE TO USE THE LICENSE TO OPERATE A BUSINESS?
No. The person who operates the business must be an actual disclosed licensee (who has at least a one
percent interest) to whom the license was issued. It is a serious violation for a licensee to lease or “farm
out” the license to anyone else. (N.J.S.A. 33:1-26.)
LEFTOVER ALCOHOLIC BEVERAGES
MAY A LICENSEE WHO OPERATES UNDER A SEASONAL RETAIL CONSUMPTION LICENSE
RETURN LEFTOVER ALCOHOLIC BEVERAGES AFTER CLOSING FOR THE SEASON?
If the goods are likely to spoil during the closed season, the licensee should contact the wholesalers or
distributors from whom the goods were purchased. It is permissible for them to take back those products.
The final decision, however, is a business decision that rests with the wholesaler or distributor, and there is
no requirement that they must, in fact, take them back. (N.J.A.C. 13:2-39.1.)
LEWD OR IMMORAL ACTIVITY
WHAT IS THE NATURE OF LEWD OR IMMORAL ACTIVITY THAT IS PROHIBITED ON LICENSED
PREMISES?
Live entertainment, as described under the heading “Go-Go Dancers,” is generally prohibited. (See “Go-Go
Dancers.”)

41

LICENSE CERTIFICATE
WHAT IS THE “LICENSE CERTIFICATE” AND HOW MUST IT BE DISPLAYED ON THE LICENSED
PREMISES?
The License Certificate is the single-page document that evidences the issuance of an alcoholic beverage
license. The certificate contains information as to the License Number, Expiration Date, Name of County
and Municipality, Type of License, Name of Licensee, Address of Licensed Premises, Effective Date,
Amount of Fee Paid to the Municipality and Signature of the Municipal Clerk or Secretary of the Municipal
A.B.C. Board, if one exists (unless the licensee is a member of the governing body, in which case the license
is issued by and the certificate signed by the A.B.C. Director). The municipal seal should also be affixed (or
the seal of the Division of A.B.C. if issued by the Director).
The certificate also contains the legend, “This license confers all rights and privileges pertaining thereto as
set forth in Title 33 of the New Jersey Statutes, and any amendments thereof and supplements thereto, and is
expressly subject to the terms, provisions, limitations, requirements and conditions set forth therein in any
rules and regulations promulgated heretofore and hereafter by the Director of the Division of Alcoholic
Beverage Control pursuant to Title 33 of the New Jersey Statutes. This license is further subject to the
provisions of all municipal ordinances and/or resolutions pertaining thereto which have been or shall have
been duly enacted under law.”
The License Certificate must be prominently displayed where it can readily be seen by customers. The
licensee may be cited for a violation if it is not so displayed. (See “Documents and Records.”) If your
license is destroyed or your license is seized by the I.R.S., you can go to the local issuing authority and
request a copy of it with the proper notations (as to what happened to your original certificate) typed
thereon.
LICENSE FEES – See “Licenses – Retail” and “Municipal Fees”
LICENSE NUMBER
WHAT IS THE “LICENSE NUMBER” AND WHAT INFORMATION DOES IT GIVE?
Every alcoholic beverage license issued in New Jersey has a 12-digit license number assigned to it. It is
always in the format: 0000-00-000-000.
The first set of 4 digits shows the county and municipality in which the municipal license is issued. Digits 1
and 2 are the number of the county, assigned alphabetically, and digits 3 and 4 are the number assigned
alphabetically to the municipality within the county. (In the case of State-issued wholesale, manufacturing
and retail transit licenses – except those issued to limousines – the first digits are 3400, 3401, 3402, etc.)
The second set of digits tells the type of license. In the case of municipally-issued retail licenses, the
numbers will be “31” for a Club License, “32” for a Plenary Retail Consumption License with the “Broad
Package Privilege,” “33” for a Plenary Retail Consumption License without the broad package privilege,
42

“34” for a Summer Seasonal Retail Consumption License, “36” for a Plenary Retail Consumption License
issued as a Hotel/Motel Exception, “37” for a Plenary Retail Consumption License issued as a 1,000 Seat
Theater Exception, “38” for a Plenary Retail Consumption License w/Brew Pub, “43” for a Limited Retail
Distribution License and “44” for a Plenary Retail Distribution License. (See “Licenses – Retail.”)
The third set of digits indicates the number of the license within the municipality. All retail licenses issued
by that municipality, regardless of type, are assigned consecutive numbers beginning with 001.
The fourth and final set of digits indicates the generation number of the license. When the 12-digit number
was established in the late 1970’s, all licenses then in existence were assigned generation number 001. Any
new license is also assigned generation number 001. Thereafter, whenever a transfer or change in corporate
structure for which an application must be filed takes place, the generation number is increased.
LICENSE RENEWAL
WHAT STEPS ARE REQUIRED FOR THE ANNUAL RENEWAL OF A RETAIL LICENSE?
All retail licenses must be renewed annually effective July 1st, except Summer Seasonal Retail Consumption
Licenses, which must be renewed May 1st. The governing body or local A.B.C. Board issuing the retail
licenses establish their time schedules for filing the renewal applications prior to July 1st so that the
renewals can be acted upon and approved by that date.
Renewal application forms for each license are provided by the Division of A.B.C. to the municipal clerks
or A.B.C. Boards.
Licensees must complete the application, attaching pages to correct the full application on file as necessary
and file it with the municipal clerk or secretary of the A.B.C. Board together with the applicable municipal
fee and a separate check or money order made payable to the Division of Alcoholic Beverage Control. The
licensee need not publish a notice of renewal as this is taken care of by the Division of A.B.C. on behalf of
all licensees. After the renewal application is filed with the municipality, if no objection to the renewal is
raised and the municipality has received the required Alcoholic Beverage Retail License Clearance
Certificate for renewal from the Division of Taxation, the governing body or A.B.C. Board may approve the
renewal. If there is an objection, a hearing is held, and then the governing body or A.B.C. Board can act on
the license renewal. If approved, it must be done by resolution. After approving the renewal, the municipal
clerk or secretary of the A.B.C. Board forwards the resolution to the Division of A.B.C.
Licensees should note that it is their obligation to be sure that they receive the renewal application and file it
together with the required fees in sufficient time to have the license renewal process completed by July 1st.
If the licensee does not receive the application by May 15th, the licensee should contact the municipal clerk
or, where applicable, the secretary of the local A.B.C. Board. (See “Lapsed License” regarding renewal
applications that are filed late.) Licensees should further note that it is their responsibility to be in tax
compliance in order for the municipality to receive a tax clearance certificate for renewal. (See “Sales
Tax.”)
43

If, for some reason the local renewal process is delayed so that a license renewal is not approved by
municipal resolution by July 1st, all alcoholic beverage activity on the licensed premises must cease unless
the licensee has filed the renewal application, paid the applicable fees and applies to and has issued by the
Division of A.B.C. an “Ad Interim” Permit. The application for the permit is on a form supplied by the
Division of A.B.C. and requires the signature from the issuing authority that there is no objection to the
issuance of the permit. The fee should be made payable to the Division of A.B.C. (N.J.A.C. 13:2-2.10.)
(See “Fee Schedule” at the end of this Handbook.)
When a municipal issuing authority does not finally act on the renewal of a license within 45 days of the
date of a timely filed renewal application, that failure to act is deemed a denial, and the licensee may file an
appeal. (See “Appeals from Licensing Action by Municipalities.”) The holder of an inactive license or
pocket license must file a renewal application in the same manner and at the same time as active licenses.
(See “Inactive License” and “Pocket License.”)
A municipal resolution renewing a license that requires, but has not obtained, relief pursuant to N.J.S.A.
33:1-12.18 (see “Lapsed License”) is null and void.
LICENSE TRANSFER
WHEN IS IT NECESSARY TO “TRANSFER” A LICENSE?
A “transfer” must be approved by the issuing authority whenever a licensee sells or conveys their license to
another person, adds or deletes a general partner, changes the location of the license or increases the size of
the premises under the license. There are two types of transfers: “person-to-person” and “place-to-place.”
Note that if a corporation which holds a license merely changes stockholders, no matter how much of the
stock changes hands, it constitutes a “change in corporate structure” and is not considered a “transfer.” (See
“Stockholder Change;” see also “Extension of License.”)
HOW IS A TRANSFER ACCOMPLISHED?
The transfer of a license must be approved by the local issuing authority. The licensee, or the person to
whom the license will be transferred, must file a full retail license application and publish two legal notices
of intent to transfer the license. The licensee must also provide a written consent to transfer to the issuing
authority before they consider approval of the transfer. An Alcoholic Beverage Retail Licensee Clearance
Certificate for Transfer must be received by the issuing authority to consider approval of the transfer. The
transferee (buyer) must contact the New Jersey Division of Taxation’s Licensing Unit to apply for a
Certificate of Sales Tax Authority and an Alcoholic Beverage Retail License Clearance Certificate. A fee
equal to 10% of the annual license fee must be paid to the municipality (or 20% if both a person-to-person
and a place-to-place transfer is to take place), along with a filing fee made payable to the Division of A.B.C.
If there is any written objection to the license transfer, the local issuing authority must hold a hearing. The
governing body or A.B.C. Board must grant their approval or disapproval of the license transfer in the form
of a resolution.

44

If a transfer is granted, the current license certificate is then endorsed by the issuing authority to reflect the
transfer, if that is necessary. (See N.J.A.C. 13:2-7, and, for those licenses where a member of the governing
body or A.B.C. Board has an interest, N.J.A.C. 13:2-4.)
If the transfer includes the transfer of alcoholic beverages inventory, a Bulk Sale Permit must be issued to
the transferee by the Division of A.B.C. (See “Close-out Sales.”)
LICENSED PREMISES
WHAT IS THE “LICENSED PREMISES?”
The “Licensed Premises” is that portion of the licensee’s property on which or from which alcoholic
beverages may be sold, served or stored. The licensed premises is defined by the licensee at the time an
initial license application is filed and finally determined by the approval of the issuing authority. On page 3
of the retail license application, there are questions which require a description of the area to be licensed. In
addition, every licensee is required to submit and keep current a sketch of the licensed premises outlining
and giving dimensions of the area which is actually the subject of the license. Any sale, service or storage of
alcoholic beverages outside of the licensed premises is “beyond the scope of the license” and is a violation.
Additionally, licensees are cautioned that in some instances they may be responsible for activities which
occur off, but near, their premises.
Once the licensed premises is established, any expansion or reduction requires a place-to-place transfer with
a complete retail application, publication of notice, payment of fee and approval by the issuing authority.
For a temporary extension for a particular function see “Extension of Premises.”
LICENSES – MANUFACTURING
WHAT ARE MANUFACTURING LICENSES?
Alcoholic beverage licenses issued to manufacturers – commonly known in the alcoholic beverage industry
as “suppliers” – are “Class A” licenses and are set forth in N.J.S.A. 33:1-10. They include Plenary Brewery
(identified in the second set of digits in the license number as a “10”), Limited Brewery (“11”), Plenary
Winery (“21”), Farm Winery (“22”), Plenary Distillery (“16”), Limited Distillery (“17”), Supplementary
Limited Distillery (“18”), Rectifier and Blender (“15”) and Bonded Warehouse Bottling (“29”) licenses.
Any supplier engaging in the actual manufacture or bottling of alcoholic beverage in New Jersey must have
one of these licenses. They are issued by the Director of the Division of A.B.C. (See “Brew Pubs.”)
LICENSES – RETAIL
WHAT ARE THE DIFFERENT TYPES OF RETAIL LICENSES AND WHAT ARE THEIR PRIVILEGES
AND RESTRICTIONS?
All retail licenses are “Class C” licenses and are identified in N.J.S.A. 33:1-12 or N.J.S.A. 33:1-19, which
establish the privileges and restrictions of the different types of licenses. In the order they are established by
45

statute, the types of retail licenses are:
PLENARY RETAIL CONSUMPTION LICENSE (“33”). This license authorizes the sale of alcoholic
beverages for consumption on the licensed premises by the glass or other open receptacle and also allows
the sale of alcoholic beverages in original containers for consumption off the licensed premises. Such sales
of package goods, however, may only take place from the public barroom, and the package goods may only
be displayed for sale on its perimeter walls unless a floor plan was approved by the A.B.C. Director prior to
the late 1970’s. Where this license is granted, no other mercantile or commercial activity may take place on
the licensed premises except for certain activities such as a restaurant or the sale of snack or certain other
items enumerated in the statute. The fee for this license is set by the municipality between $250 and $2,500
per year. Since 1947 only one retail consumption license, with certain exceptions, can be issued in a
municipality for each 3,000 of its population, although licenses in excess of this limit before 1947 were
grandfathered.
PLENARY RETAIL CONSUMPTION LICENSE WITH “BROAD PACKAGE PRIVILEGE”
(“32”). This license is another Plenary Retail Consumption License except the sale of package goods is not
restricted to the public barroom. This “broad package privilege” was added to certain Plenary Retail
Consumption Licenses in 1948, and those licenses continue to retain that privilege. These licenses are
counted as Plenary Retail Consumption Licenses for the purpose of the population limitation. The fees are
the same for Plenary Retail Consumption Licenses. (See N.J.S.A. 33:1-12.33; N.J.A.C. 13:2-35.) (See also
“Merchandise – Sale by Retail Licensees.”)
SEASONAL RETAIL CONSUMPTION LICENSE (“34”). This license allows all the privileges of a
Plenary Retail Consumption License but is issued for the summer season extending from May 1 through
November 14. The same restrictions that apply to a Plenary Retail Consumption License also apply to this
seasonal license and these licenses also are counted in the total number permitted by population. The fee
for this license is 75% of the fee established for the Plenary Retail Consumption License. (Although the
statute also authorizes a winter season license from November 15 to April 30, no such license has been
issued in the State.)
HOTEL/MOTEL LICENSE (“36”). This license is a Plenary Retail Consumption License issued to a
hotel or motel with 100 or more guest sleeping rooms. It is an exception to the population restrictions. The
license may only be used in connection with a facility which meets the 100 room condition. Other
Hotel/Motel licenses issued prior to 1969 are conditioned that they may be used only in connection with a
facility with 50 or more guest sleeping rooms.
THEATER LICENSE (“37”). This license is a Plenary Retail Consumption License which may be issued
to a non-profit corporation which conducts musical or theatrical performances in a theater with a seating
capacity of 1,000 or more persons. It is an exception to the population restrictions. The license authorizes
the sale of alcoholic beverages for on-premises consumption during performances and for two hours
immediately preceding and following performances.

46

PLENARY RETAIL CONSUMPTION LICENSE W/BREW PUB LICENSE (“38”). (See “Brew
Pubs.”)
PLENARY RETAIL DISTRIBUTION LICENSE (“44”). This license permits only the sale of alcoholic
beverages in original containers for consumption off the licensed premises (package goods). Other
mercantile or commercial activity is permitted on the license premises unless it is prohibited by municipal
ordinance. The fee for this license is set by the municipality between $125 and $2,500 per year. Only one
Plenary Retail Distribution License may be issued for each 7,500 of population in a municipality, although
Plenary Retail Distribution Licenses in excess of this number at the time the limitation came into effect are
grandfathered.
LIMITED RETAIL DISTRIBUTION LICENSE (“43”). This license permits only the sale of warm beer
and other malt alcoholic beverages in quantities of not less than 72 fluid ounces (equal to a “six-pack”) in
original containers for consumption off the licensed premises. This license is no longer being issued. The
existing licenses can be renewed or transferred but must be located on premises operated and conducted by
the licensee primarily as a food store where groceries or other foodstuffs, such as meat, are sold. The fee for
this license is set by the municipality between $31 and $63 per year.
PLENARY RETAIL TRANSIT LICENSE (“13”). This license is the only retail license which is solely
issued by the Director of the Division of A.B.C. rather than by a municipality. It permits the sale of
alcoholic beverages in open containers for immediate consumption on railroad trains, airplanes, boats and in
limousines only while they are in transit. This license is necessary for trains to serve alcoholic beverages in
club cars, etc., while traveling through New Jersey, for airplanes to serve alcoholic beverages on aircraft in
New Jersey or to stock the aircraft with the alcoholic beverages while in New Jersey, for limousines to
provide alcoholic beverages while traveling on New Jersey roadways and for boats that dock or travel on
New Jersey waterways to serve alcoholic beverages. The fees are $375 per year for a railroad or airline
company. Boats are licensed per boat, with the fee depending on the length of the boat and ranging from
$63 to $375. Limousines are licensed per vehicle at a fee of $31 per year. This Plenary Retail Transit
License is necessary whether the drinks are sold on a per drink basis or are included “gratuitously” in the
price of the transportation.
CLUB LICENSE (“31”). The fee for this license is set by the municipality between $63 and $188 per
year. (See “Club License.”)
LICENSES – WHOLESALE
WHAT ARE WHOLESALE LICENSES?
Alcoholic beverage licenses issued for the purpose of wholesaling or distributing alcoholic beverages
exclusively to retail licensees are “Class B” licenses and are set forth in N.J.S.A. 33:1-11. They include
Plenary Wholesale (“23”), Limited Wholesale (“25”), Wine Wholesale (“26”) and State Beverage
Distributor=s (“19”) licenses. These licenses are issued by the Director of the Division of A.B.C. at fees
ranging from $1,031 to $8,750 per year. (See “State Beverage Distributor’s License.”)
47

LIENS ON LICENSES
CAN A LIEN, ATTACHMENT OR WRIT OF EXECUTION BE ISSUED AGAINST A RETAIL LICENSEE?
An alcoholic beverage license is not generally subject to lien, levy or attachment and subsequent sale to
satisfy a creditor’s debt or judgment. It can be sold as an asset in certain federal or State bankruptcy or
insolvency proceedings. A creditor seeking to collect a judgment can levy upon fixtures and equipment that
are located within the licensed premises and also on any alcoholic beverages contained therein, subject to
whatever rights other persons may have. In the event that alcoholic beverages are sold to satisfy a judgment,
the seller must obtain a special permit from the Division of A.B.C. to authorize their sale. (See “Close-out
Sales.”)
There is one other situation when the rights to sell a license can be attached and that occurs when the
Internal Revenue Service or the New Jersey Division of Taxation serves a notice of lien and levy for
nonpayment of federal taxes or State taxes. When the I.R.S. or the New Jersey Division of Taxation does
serve such notice upon the licensee, with copies to the municipal issuing authority and the Division of
A.B.C., the law permits the I.R.S. and the New Jersey Division of Taxation to offer the license for sale at
public auction. The successful bidder will receive from the I.R.S. or the New Jersey Division of Taxation
the right to apply for a transfer of the license. Thereafter, the local issuing authority may either approve or
disapprove the transfer in the reasonable exercise of its powers. Once the lien and levy by the I.R.S. or by
the New Jersey Division of Taxation has been served, the current licensee cannot attempt to transfer its
interest in the license to anyone else until the lien or levy has been released. A licensee, however, can
continue to operate after the lien or levy is served; and, if the license certificate was seized, a copy identified
as a duplicate should be obtained from the issuing authority.
Finally, some private contracts for the sale of the license contain provisions which require the re-transfer of
the license under various conditions. The Division considers such provisions to be void and unlawful
attempts to prevent the free and unfettered transfer of the license in violation of N.J.S.A. 33:1-26 and
subjects the license to sanction.
LOCAL A.B.C. BOARD – See “Alcoholic Beverage Control Boards”
LOCAL CONTROL
WHAT CONTROLS AND RESTRICTIONS CAN A LOCAL MUNICIPALITY ADD IN ADDITION TO
THOSE REQUIRED BY THE STATE?
Any municipality may, without prior approval, pass laws (ordinances) which regulate the number and types
of licenses to be issued, the hours between which the sale of alcoholic beverages may be made and whether
Sunday sales are permitted. Subject to the approval of the A.B.C. Director, a municipality can also regulate
the conduct of any business licensed to sell alcoholic beverages and all the activities that take place on the
premises. The municipality may also prohibit anyone from having an interest in more than one retail license
in that community, exceptions are provided for individuals appointed by court order to operate a licensed
business. (N.J.S.A. 33:1-12, 1-32 and 1-40.)

48

LOCAL PROHIBITION
MAY THE GOVERNING BODY OF A MUNICIPALITY REFUSE OR FAIL TO ENACT AN ORDINANCE
ESTABLISHING THE NUMBER, KIND AND CLASSIFICATION OF LICENSES FOR THE PURPOSES OF
ALCOHOLIC BEVERAGE ACTIVITY IN THAT COMMUNITY?
The Alcoholic Beverage Control Law permits the governing body of a municipality to determine whether or
not any retail sales of alcoholic beverages will be permitted in that community. The governing body may
determine that no retail licenses will be issued. Even if it does this, however, there is a provision in State
law for the Director to issue a permit in lieu of a club license to a local chapter of a non-profit national or
state organization or to a non-profit golf and country club, provided certain requirements are met.
MAGAZINES
ARE LICENSEES PERMITTED TO SELL MAGAZINES ON THEIR LICENSED PREMISES?
Consumption licensees are prohibited from selling magazines or newspapers as such sales would be
considered “other mercantile businesses” not permitted under the specific restrictions of the consumption
licensed privilege. On the other hand, distribution licensees, unless prohibited by local ordinance, can have
other mercantile businesses in or upon the licensed premises. (See “Merchandise – Sale by Retail
Licensees.”)
MANUFACTURER’S REBATES – See “Advertising” and “Coupons”
MEASUREMENT OF ALCOHOLIC CONTENT
HOW IS THE QUANTITY OF ALCOHOL INDICATED IN THE DIFFERENT TYPES OF ALCOHOLIC
BEVERAGES?
In distilled spirits, the alcohol content is indicated in “Proof,” which is equal to twice the actual percentage
of alcohol. For example, a distilled spirit which is shown to be 60 proof contains 30% alcohol. The
alcoholic content of wine is indicated in percentage by volume. This gives the actual percentage of the
beverage that is alcohol. For beer and other malt alcoholic beverages, although the percentage of alcohol is
not shown on the label, the alcohol content is usually given in percentage of alcohol by weight. This
percentage number will usually appear to be slightly less than it would if the alcohol content were shown by
volume.
MERCHANDISE – SALE BY RETAIL LICENSEES
IS THERE ANY LIMITATION AS TO WHAT A RETAIL LICENSEE CAN SELL BESIDES ALCOHOLIC
BEVERAGES?
Unless prohibited by local ordinance, there is no restriction on the sale of other items or the conduct of other
business by Plenary Retail Distribution licenses. No ordinance can prohibit the Plenary Retail Distribution
licensee from selling certain items such as prepackaged gift merchandise with glassware, novelty wearing
apparel (T-shirts, caps, etc.) identified with the name of the licensed establishment, cigars, cigarettes,
49

packaged crackers, chips, nuts and other similar snacks, ice and non-alcoholic beverage mixers. (N.J.S.A.
33:1-12.)
Plenary and Seasonal Retail Consumption Licensees, including those with the “Broad Package Privilege”
(“32”), do not have a similar privilege. Under the statute, they may not conduct any “other mercantile
business” except certain related activities which the law enumerates: running a hotel or restaurant
(including the sale of mercantile items incidental to such businesses), the sale of prepackaged gift
merchandise, novelty wearing apparel (T-shirts, caps, etc.) identified with the name of the licensed
establishment, cigars, cigarettes, packaged crackers, chips, nuts and other similar snacks, ice and nonalcoholic beverage mixers; and, if the premises is also a bowling alley, the sale or rental of bowling
accessories and the retail sale from vending machines of candy, ice cream and non-alcoholic beverages.
(N.J.S.A. 33:1-12.) Division of A.B.C. policy has also considered certain entertainment and amusement
activity, including live performances, bands, singers, dancers, juke boxes, pinball and shuffleboard
machines, video game machines, pool tables, etc., as intrinsic items to the operation of a bar or tavern and
they are, therefore, not prohibited “mercantile business.” Note that other businesses conducted on the
licensed premises must be disclosed on page 4 of the license application. (See “Licenses – Retail.”)
MINI-BARS
ARE MINI-BARS OR IN-ROOM SYSTEMS DEVICES PERMITTED IN HOTELS IN NEW JERSEY, AND IF
SO, WHAT CRITERIA MUST BE MET?
Use of mini-bars and similar devices in hotel or motel rooms which are basically small, sometimes
refrigerated cabinets which contain alcoholic beverages normally in containers of 12 ounces for malt
alcoholic beverages, 375 ml for wine and 50 ml for spirits are permitted in hotel and motel rooms in New
Jersey. They are Bell Captain (A.B.C. Bulletin 2014, Item 1), RoboBar (A.B.C. Bulletin 2451, Item 2) and
ServiComm (A.B.C. Bulletin 2455, Item 2).
The criteria that mini-bars must meet are as follows:
(1)

The system can only be utilized by a plenary retail consumption licensee having a hotel or motel as
part of the licensed premises.

(2)

The rooms in which the dispensing units are located must be part of the licensed premises.

(3)

The dispensing units must be electronically connected to the front desk and must be capable of
individual lock-out. This is necessary to prevent access to any alcoholic beverages contained therein
where any of the primary parties to whom the room is rented are under the age of 21.

(4)

Automatic timing or similar device must be utilized to lock-out the entire system during the hours
when the sale of alcoholic beverages for consumption on the premises is prohibited.

50

(5)

The licensee must, before utilizing the system, advise the Division of A.B.C. and local issuing
authority of its existence, the rooms in which the units are located and the specific nature of the
system.

Licensees are reminded that ultimate responsibility for any violation of their use rests with the licensee and
care should be taken to ensure that no violations of the Alcoholic Beverage Control Act occur as a result of
misuse of these systems.
MIXED CASE SALES
MAY RETAIL LICENSEES OFFER DISCOUNTS ON CASES AND MIXED CASES?
A package store retailer is permitted to offer a discount to a consumer for the purchase of a same or mixed
case of either all wine, all beer or all distilled spirits. N.J.A.C. 13:2-23.16(a)(2)(iv). The discount may not
drop the price of the product below the retailer’s cost.
MORAL TURPITUDE
WHAT IS A CRIME INVOLVING AN ELEMENT OF “MORAL TURPITUDE?”
The term “moral turpitude” denotes a serious crime from the viewpoint of society in general and usually
contains elements of dishonesty, fraud or depravity. Such crimes are generally but not exclusively contained
in the New Jersey Code of Criminal Justice, N.J.S.A. 2C:1-1, et seq., and are subject to indictment and
punishment by confinement for over one year in state prison. (See “Eligibility, Determination of” and
“Rehabilitation Employment Permit/Disqualification Removal.”)
MUNICIPAL FEES
HOW ARE LICENSE FEES DETERMINED?
Annual renewal fees for retail licenses are established by local ordinance in accordance with the provisions
of State law. (N.J.S.A. 33:1-12.) (See “Licenses – Retail.”) Some retail licenses are issued and renewed by
the ABC Director because it is considered a “conflict license.” (See “Conflict License.”) In all such cases
the municipality may still collect all applicable fees at time of renewal. If the municipality wishes to
increase the annual renewal fee, it may adopt an ordinance doing so, but the increase cannot exceed 20% of
the fee for the prior year. (N.J.S.A. 33:1-12.)
In addition to the annual fee for the retail license, the governing body may, by ordinance, also impose a fee
of up to $50 to fund a Tourist Development Commission (N.J.S.A. 40:52-7) and, for Retail Consumption
Licenses, an additional fee of up to $200 to fund a municipal license retirement program (N.J.S.A. 40:482.42.) (See “Retirement of Consumption Licenses.”)

51

NON-ALCOHOLIC BEVERAGES
MAY A LICENSEE ENGAGE IN THE SALE OF NON-ALCOHOLIC BEVERAGES, AND MAY THESE
BEVERAGES BE SOLD TO AN INDIVIDUAL UNDER THE AGE OF 21?
Yes. Non-alcoholic and alcohol-free beverage products may be sold by licensees as well as non-licensees.
Non-alcoholic beverages are products that contain ½ of 1% or less of alcohol. Alcohol-free beverage
products contain NO alcohol. Neither are governed by the Alcoholic Beverage Control Act. Since they are
not “alcoholic beverages,” these products may be sold to an individual under the age of 21. If there is any
question whether or not a product is considered a non-alcoholic or alcohol-free beverage, a licensee should
contact the Division of Alcoholic Beverage Control. (See “Alcoholic Beverages.”)
NOTICE AND PETITION OF APPEAL
WHAT IS A “NOTICE AND PETITION OF APPEAL?”
Procedurally, you must send the Director of the Division of ABC three items:

(1)

A “Notice and Petition of Appeal” must contain the following information:
(a)

The license=s legal name (i.e., Joe=s Bar, Inc.); 12-digit license number; trade name (i.e., Tic
Tack Club) and a phone number and address where the licensee can be reached.

(b)

The full name, address and telephone number of the city or town=s municipal office.

(c)

If the appeal is from a denial of a license transfer or issuance and a written objection was
submitted, the objector=s full name, address and phone number must be stated in the Notice
and Petition of Appeal.

(d)

The proceedings below must be described. For example, Aa 15-day suspension was imposed
upon the licensee for sale to a minor.@Where a suspension is involved, please state the date
the suspension is to start and when it is to finish.

(e)

A copy of the Municipal Resolution setting forth the action must be attached to the Notice
and Petition of Appeal. If you do not have the Resolution, state the date of the action being
appealed from.

(f)

The grounds for the appeal must be stated. For example, Athe decision of the municipality
was erroneous.@

(g)

The relief (both interim and final) you are asking for must be stated.
Χ

For example, for Interim Relief, a licensee might request a stay of a suspension or an
Order extending a prior license where renewal has been denied.

52

Χ

For example, for Final Relief, a licensee might request reversal of a finding of guilt
and/or payment of a monetary penalty in compromise of the penalty imposed by the
municipality.

NOTE: The Notice and Petition of Appeal must be signed by either the licensee (sole proprietor,
general partner, president, vice-president) or an attorney who represents the licensee in the appeal.
(2)

An Affidavit of Service which states that a copy of the Notice and Petition of Appeal has been
served upon the local issuing authority (either personally or by way of regular mail).

(3)

A $100 Filing Fee (check or money order made payable to “Division of ABC@
).

NUMBER OF LICENSES – See “Licenses - Retail” and “Two-License Limitation”
OPEN BARS
ARE LICENSEES PERMITTED TO HOLD AND ADVERTISE “OPEN BAR” EVENTS?
An “Open Bar” event offering the public unlimited availability of any alcoholic beverages for a set price is
generally prohibited. (N.J.A.C. 13:2-23.16(a)1.) The Division of A.B.C. has recognized an exception for
New Year’s Eve parties where tickets are not available for purchase at the door.
If the event is a private party or an event for which tickets are sold by a non-profit organization and the
licensee has not advertised the event to the general public, an “open bar” may be included in the package
furnished by the licensee to the organization or private party. (See A.B.C. Bulletin 2440, Item 2.) Licensees
are reminded that they continue to be responsible for the alcoholic beverage activity which takes place at
such functions or parties held on their licensed premises, including, but not limited to, the obligation to
ensure that no underage persons or people who are actually or apparently drunk or intoxicated are served or
consume alcoholic beverages.
Licensees are further reminded that, with an open bar event, they are still responsible for including the sales
tax in the billing and remitting same to the Division of Taxation.
OTHER MERCANTILE BUSINESS – See “Merchandise – Sale by Retail Licensees”
PACKAGE GOODS SALES BY RETAIL CONSUMPTION LICENSEES
WHAT RESTRICTIONS ARE THERE ON THE SALE AND DISPLAY OF PACKAGE GOODS BY RETAIL
CONSUMPTION LICENSEES?
Unless the license carries the “Broad Package Privilege” (“32”), package goods can only be displayed for
sale in and sold from the principal public barroom. The Regulations contain many restrictions. For
example, they specify that package goods may only be displayed in an area behind the principal bar or on
two-foot wide shelving along perimeter walls of that principal barroom. Unless the licensee has an
53

approved floor plan that was approved by the A.B.C. Director prior to the late 1970’s, the stacking of
package goods on the floor or in bins or by placing gondolas within the interior area of the barroom is not
allowed. The burden is on the licensee to produce a copy of the approved floor plan, and absent same, it
must strictly adhere to the restrictions contained in the regulations. (N.J.S.A. 33:1-12.23; N.J.A.C. 13:2-35.)
(See “Closing Time.”)
Within the above noted limitations, all Plenary and Seasonal Retail Consumption Licensees may sell
package goods unless they operate restaurants, bowling alleys with at least 20 lanes or at an international
airport and hold their licenses as exceptions to the law which limits anyone from having an interest in more
than two retail licenses. These licenses are prohibited from selling any package goods. (N.J.S.A. 33:112.32.) (See “Two-License Limitation.”)
Club Licensees and Plenary Retail Transit Licensees are prohibited from selling package goods at all times.
(N.J.S.A. 33:1-12.)
PATRONS, EXCLUDING
CAN I EXCLUDE PERSONS UNDER 21 YEARS OF AGE OR OLDER OR ANY OTHER PERSON I
BELIEVE IS UNDESIRABLE TO MY BUSINESS?
Because of the near strict liability imposed upon licensees for failure to rigidly adhere to all A.B.C. laws and
regulations (such as for sale to underage persons, or to persons apparently intoxicated, or allowing a brawl,
etc.), the Division of A.B.C. has had a long history of treating the licensee as the master of his premises,
with the right to exclude anyone he chooses. Notwithstanding that such exclusion may not violate A.B.C.
laws or regulations, however, licensees should be aware that other State or federal laws (most likely Civil
Rights Laws) can be implicated by such decisions. It is our understanding that age is not a part of the Civil
Rights Laws, and therefore, licensees can generally exclude persons under any selected age. The licensee
can impose a minimum dress code and exclude patrons that do not comply (for example: no shirt, no shoes,
no service). In addition, a licensee can exclude any patron that exhibits signs of intoxication, is under the
influence of narcotics, is unruly or causes a disturbance.
PAYMENT OF FEES
HOW MUST FEES OR MONETARY PENALTIES BE PAID TO THE DIVISION OF A.B.C.?
All fees or monetary penalties due to the Division of A.B.C. must be paid by certified check, money order,
cashier’s check or treasurer’s check issued by a bank. Trust or business checks drawn on accounts of New
Jersey attorneys will also be accepted. All checks should be made payable to the Division of Alcoholic
Beverage Control and should identify the purpose of the check and reference a license or file number if one
is involved. No cash will be accepted. (See “Fee Schedule” at the end of this Handbook.)

54

PENALTY – EFFECT ON MULTIPLE LICENSES
IF A LICENSEE OWNS OR HAS AN INTEREST IN MORE THAN ONE RETAIL LICENSE AND ONE OF
THE LICENSES IS SUBJECT TO AN ORDER OF SUSPENSION OR REVOCATION, DOES THIS AFFECT
ANOTHER RETAIL LICENSED BUSINESS?
An Order of Suspension generally applies to the specific license and the specific location where that
particular license is sited. Other retail licenses owned by the same licensee are usually not directly affected
by an Order of Suspension.
Generally, an Order of Revocation does have consequences involving other licenses that may be owned by
the person(s) whose license has been revoked. The Alcoholic Beverage Control Law prohibits any person
who has an interest in an alcoholic beverage license which is revoked from having any interest in any other
license for a period of two years from the effective date of revocation. Therefore, if a license is revoked, the
individuals who have an interest in that license must immediately divest the interest in any other licenses
that they held. Additionally, a second revocation forever prohibits a person from having any interest in an
alcoholic beverage license in New Jersey. (N.J.S.A. 33:1-31.) (See “Penalty Schedule.”)
PENALTY - EFFECT ON USE OF PREMISES
IF A RETAIL LICENSE IS SUSPENDED, WHAT ACTIVITY, IF ANY, MAY BE CONDUCTED ON THE
LICENSED PREMISES?
An Order of Suspension prohibits the licensee from engaging in any alcoholic beverage activity in or upon
the licensed premises, except for the storage of alcoholic beverages on hand or, with the written permission
of the A.B.C. Director, for the return of alcoholic beverages to wholesalers or manufacturers. This
prohibition means that the suspended licensee cannot sell, serve, deliver or permit the consumption of any
alcoholic beverages on the licensed premises. There can be no “bring your own bottle – B.Y.O.B.” activity.
The licensee cannot receive delivery of any alcoholic beverages nor can the licensee advertise that the
licensed premises are closed for any reason, such as “closed for repairs” or “closed for vacation,” other than
that the license has been suspended by order of the Division of Alcoholic Beverage Control. A sign that
states only that the premises are closed and will re-open on a stated date is permitted. (N.J.A.C. 13:223.27.) Penalties assessed against the license or a person having an interest in the license must be noted on
page 6 of the license application.
Other regular, bona fide non-alcoholic business activities which can lawfully be conducted on the retail
licensed premises can continue while a license is under suspension. For example, a license suspension for a
retail licensee which operates a bowling establishment would not prohibit the continued operation of the
bowling facilities; a bona fide restaurant could continue to serve food and non-alcoholic beverages to the
general public during a period of suspension. (Make certain that you have noted that you have such other
businesses being conducted on your licensed premises on page 4 of the license application.) Caution is
advised that no alcoholic beverage consumption is allowed on a suspended premises. Therefore, patrons
cannot bring in and consume their own alcoholic beverages. Additionally, no activity is permitted which is
not allowed on a licensed premises when the license is not suspended.
55

PENALTY SCHEDULE
On December 3, 2001, the Division adopted various amendments to Subchapter 19 regarding how the
Division conducts disciplinary proceedings against licensees. These regulations detailed specific penalties
and defined what constituted a violation for the purpose of penalty enhancement for repeat violations. This
regulation replaced the prior penalty schedule in ABC Bulletin No. 2450, Item 2 (June 2, 1987). The new
schedule applies to all violations occurring after December 3, 2001. When an investigation or inspection is
conducted, a report will be presented to the ABC Enforcement Bureau. The licensee will receive notice of
required corrective action in a warning letter or a notice of a fine in lieu of prosecution or formal charges.
Warning letters or notices of a fine in lieu of prosecution are issued for administrative violations involving
minor infractions such as missing or incorrect documents or failure to receive or maintain certain permits.
Normally, warning letters and fine notices are issued when the individual violations do not exceed a one-day
suspension and cumulatively do not exceed five suspension days as set forth in the penalty schedule in
N.J.A.C. 13:2-19.11.
For more serious violations, charges will be filed against the licensee. The Notice of Charges will
specifically identify the nature of the charge and the amount of suspension the Enforcement Bureau is
seeking, should the charges be proven. The licensee will have 30 days to enter a plea which can be
extended an additional 30 days for good cause. If the licensee fails to enter a plea within that time period,
the regulations provide that a plea of non-vult will automatically be entered, and the Enforcement Bureau
will seek from the Director of the Division of A.B.C. an Order of Suspension in the amount of days as set
forth in the original Notice of Charges. For example, if the licensee is charged with sale to an underage
person, the Division of A.B.C. would seek a 15-day suspension which the Director could issue without any
further notice. Therefore, it is extremely important that a licensee follow the instructions and enter a
necessary plea.
The penalty schedule also sets forth penalties for first, second, third and fourth violations. A violation is
defined as any breach of duty or responsibility imposed by the Alcoholic Beverage Control Act and its
regulations. These breaches of duty are set forth as specific violations on the penalty schedule. Each
violation constitutes a separate chargeable offense.
Therefore, if an individual serves 3 underage persons, each sale to each underage person will constitute a
separate violation, or a 15-day suspension for each underage person for a total of 45 days. If an individual
should serve an underage on Monday and then serve another underage person on Wednesday, the second
violation would constitute a successive violation since it occurred outside a 24-hour period. The penalty for
a successive violation would be treated as a second offense. The penalty for a second successive violation
according to the penalty schedule is 30 days. This penalty schedule is not binding upon the Director, and
depending on aggravating or mitigating circumstances, the penalty can be increased or decreased. The
penalty imposed is within the sole discretion of the Director.

56

The regulations set forth that the Director may, in his sole discretion, accept a monetary offer in
compromise for all or part of the suspension. The Director is under no obligation to accept an offer in
compromise. When deciding whether to accept a monetary offer in compromise, the Director may consider
factors such as the nature of the offense, whether it constitutes a first, second or third offense, mitigating or
aggravating circumstances and the stage of the proceedings at which the monetary offer in compromise is
requested.
Generally, if the Director accepts a monetary offer in compromise, it will be based on a formula used to
determine the per diem profit the licensee would make if it were open for that day. The Division accepts a
minimum of $100 per diem for retail licensees. In determining what type of plea to enter, the licensee can
enter a plea of non-vult and request that the Director accept a compromise offer and deduct 20% of the
proposed suspension. All questions regarding the specific penalties are set forth in the Penalty Schedule 1
which follows:

Statute,
Regulation or
Bulletin Item

Code

First
Violation 2

Second
Violation 2

Third
Violation 2

Aiding and abetting

10

20

30

30

60

90

Description

N.J.S.A. 33:1-25, 26,
31a and 52

A&A

N.J.A.C. 13:2-23.5(c)

ACTIV

Illegal activity on the licensed premises

N.J.A.C.
13:2-24.10(a)1-6

ADV1

Improper advertising

5

10

20

N.J.A.C.
13:2-24.10(a)7

ADV2

Improper cooperative advertising

5

10

20

N.J.A.C.
13:2-23.13(a)2

APP1

Failure to provide a copy of the most
recent full application and/or current
renewal application

1

3

5

N.J.S.A. 33:1-25 and
N.J.A.C. 13:2-2.14(a)

APP2

Failure to timely notify of change in fact on
the license application

1

3

5

N.J.S.A. 33:1-25 and
N.J.A.C. 13:2-2.14(b)

APP3

Failure to notify of corporate structure
change

1

3

5

N.J.S.A. 33:1-25

APP4

Failure to disclose or false, misleading or
inaccurate answer to a question on an
application, which would not by itself result
in a disqualification for licensure

10

20

30

1

Fourth
Violation 2

Revocation

The description of the penalties in this schedule is not intended to provide a complete description of the violation. The
governing standard is set forth in the referenced statute or regulation.
2

Number refers to days of license suspension.

57

N.J.S.A. 33:1-25

APP5

Failure to disclose or false, misleading or
inaccurate answer to a question of material
fact on an application

45

90

Revocation

N.J.S.A. 33:1-26

APP6

Lease out of the license

45

90

Revocation

N.J.A.C. 13:2-23.32

Failure to have true book or books of
account available on the licensed
BOOKS1
premises, but produced within 7 business
days of demand

2

10

20

N.J.A.C. 13:2-23.32

Failure to maintain true book or books of
account or failure to produce true book or
BOOKS2
books of account within 7 business days of
demand

30

60

Revocation

N.J.A.C. 13:2-23.15 or
23.23

BOT1A

Contaminated or low proof bottles (1-5
bottles)

1

5

10

N.J.A.C. 13:2-23.15 or
23.23

BOT1B

Contaminated or low proof bottles (6 or
more bottles)

5

10

20

N.J.A.C. 13:2-23.19

BOT2

Substitution of beverages

5

10

20

N.J.A.C. 13:2-23.9(a)

BOT3

Tampering/adulterated alcohol

5

10

20

BPP1

Broad package privilege violation
(improper sale or display)

10

30

60

BPP2

Broad package privilege violation
(insufficient equipment and/or bar)

10

30

60

BULK

Transfer of inventory without a bulk permit

1

5

10

CERT

License certificate not conspicuously
displayed

1

3

5

5

10

20

N.J.A.C. 13:2-35.1
and 35.5 or 35.2 and
35.4
N.J.A.C. 13:2-35.1
and 35.2
N.J.A.C. 13:2-23.12
N.J.A.C.
13:2-23.13(a)1
N.J.A.C. 13:2-1.9(d)

CHECK

Return of an unpaid check to Division or
issuing authority (penalties will include
original check amount and administrative
costs)

N.J.A.C. 13:2-8.13

CLUB1

Advertising availability of alcoholic
beverages to the public

5

10

20

N.J.A.C. 13:2-8.8, 9
and 11

CLUB2

Sale beyond the scope of the club license,
including, but not limited to, sale to nonmember or social affair permittee

10

20

30

N.J.A.C. 13:2-26.1

COOP1

Purchase of alcoholic beverages by a
non-member

10

20

30

N.J.A.C. 13:2-26.1

COOP2

Allowed a person not qualified and/or
minor permittee to order for member or
employee of cooperative

10

20

30

N.J.A.C. 13:2-26.1

COOP3

Allowed a purchase by a non-member
retailer under cooperative

10

20

30

N.J.A.C. 13:2-24.8

COST

Sale of alcoholic beverages below cost

15

30

45

N.J.A.C. 13:2-24.6(a)6

CPL1

Sale of alcoholic beverages not listed on a
"Current Price List"

15

30

45

N.J.A.C. 13:2-24.6(a)6

CPL2

Sale or acceptance of alcoholic beverages
upon terms other than set forth on a
"Current Price List"

15

30

45

N.J.A.C. 13:2-24.6(a)1
and 2

CPL3

Failure to maintain an "Historical Price
List" and "Marketing Manual"

15

30

45

N.J.A.C. 13:2-24.4

CRED1

Wholesaler extended credit to retailer on
COD status

15

30

45

N.J.A.C. 13:2-24.4

CRED2

Retailer received credit from wholesaler
while on COD status

15

30

45

58

N.J.A.C. 13:2-24.1

DISC1

Terms of sale of alcoholic beverages
offered in discriminatory manner

15

30

45

Revocation

N.J.A.C. 13:2-24.2

DISC2

Offers service to a licensee in a
discriminatory manner

15

30

45

Revocation

N.J.S.A. 33:1-26 and
N.J.A.C. 13:2-14.5

DISQ1

Employed a criminally disqualified person

30

60

90

Revocation

DISQ2

Criminally disqualified licensee

N.J.S.A. 33:1-25, 26
N.J.A.C.
13:2-23.13(a)3
N.J.A.C.
13:2-23.13(a)3

Revocation

E141-A1

Employees list not complete or available
on the licensed premises

1

5

10

E141-A2

Employees list not complete or available
on the licensed premises and criminally
disqualified employee

15

30

45

EMIN

Employing a minor without a permit

1

5

10

N.J.A.C.
13:2-23.31(b)2i

EPOL1

Employed a law enforcement officer
without approval

10

20

30

N.J.A.C. 13:223.31(b)2ii

EPOL2

Employed a law enforcement officer in
jurisdiction where law enforcement officer
serves

15

30

45

Revocation

N.J.A.C. 13:2-23.25

ESOL

Employment of a solicitor by a retailer

15

30

45

Revocation

N.J.S.A. 33:1-12a

FETAL

Failure to display Fetal Alcoholic
Syndrome warning poster

1

3

5

N.J.S.A. 2A:40-1/
N.J.A.C. 13:2-23.7
Bull. 2430, Item 3/
Bull. 2437, Item 4

GAMB1

Failure to notify of placement of approved
video game within 48 hours of placement

5

10

20

N.J.A.C. 13:2-23.7

GAMB2

Raffling of sealed containers of alcoholic
beverages without a permit

5

10

20

N.J.A.C. 13:2-23.7(a)5

GAMB3

Gambling paraphernalia on the licensed
premises

5

10

20

N.J.A.C. 13:2-23.7(a)

GAMB4A

Non-criminal gambling activity on the
licensed premises

5

10

20

N.J.A.C. 13:2-23.7(a)

GAMB4B

Criminal gambling activity on the licensed
premises

30

60

90

N.J.A.C. 13:2-23.7(a)

GAMB5

Unapproved video or slot machine or other
gambling device on the licensed premises

5

10

20

N.J.A.C. 13:2-23.7(a)4

GAMB6

Video or slot machine or other gambling
device playing for money or other valuable
thing

30

60

90

N.J.A.C. 13:2-23.7

GAMB7A

Criminal gambling activity on the licensed
premises involving an employee

90

Revocation

N.J.A.C. 13:2-23.7

GAMB7B

N.J.A.C. 13:2-14.1
and/or 14.2

N.J.A.C. 13:2-23.7
N.J.A.C. 13:2-23.7

Criminal gambling activity on the licensed
premises involving a licensee
Non-criminal gambling activity on the
GAMB7C licensed premises involving an employee
Non-criminal gambling activity on the
GAMB7D
licensed premises involving a licensee

Revocation

Revocation
10

20

30

10

20

30

Revocation
Revocation

N.J.S.A. 33:1-35/
N.J.A.C. 13-2-23.30

HIND1

Employee hindering an investigation

30

60

90

N.J.S.A. 33:1-35/
N.J.A.C. 13:2-23.30

HIND2

Licensee hindering an investigation

45

90

Revocation

N.J.A.C. 13:2-38.1 or
38.2

HRS1

Sale of alcoholic beverages before or after
the legal hour or in violation of a municipal
ordinance

10

20

30

59

Revocation

N.J.S.A. 33:1-31h and
N.J.A.C. 13:2-38.1 or
38.2

HRS2

Presence of non-employee(s) after the legal
hour set by a municipal ordinance

10

20

30

N.J.A.C. 13:2-20

INSIG

Alcoholic beverages transported without a
transit insignia

1

5

10

N.J.A.C. 13:2-20.4(b)
or 23.32

INV1

Failure to have invoices available at the
licensed premises, but produced within 7
business days of demand

1

5

10

N.J.A.C. 13:2-20.4(b)
or 23.32

INV2

Failure to maintain invoices or failure to
produce invoices within 7 business days of
demand

30

60

Revocation

N.J.A.C. 13:2-23.6(a)1

LEWD1

Lewd activity on the licensed premises

30

60

90

N.J.A.C. 13:2-23.6(a)1

LEWD2

Lewd activity with audience participation
on the licensed premises

45

90

Revocation

N.J.A.C. 13:2-23.14

LEWD3

Lewd material on the licensed premises

10

20

30

N.J.S.A. 33:1-12

MERC

Conducted other mercantile business on
the licensed premises

5

10

20

N.J.A.C. 13:2-23.5(b)

NARC1

Narcotic activity on the licensed premises

45

90

Revocation

N.J.A.C. 13:2-23.5(b)

NARC2

Narcotic paraphernalia on the licensed
premises

45

90

Revocation

N.J.A.C. 13:2-23.5(b)

NARC3

Narcotic activity on the licensed premises
involving an employee

90

Revocation

N.J.A.C. 13:2-23.5(b)

NARC4

Narcotic activity on the licensed premises
involving a licensee

Revocation

N.J.A.C. 13:2-23.6(a)3

NUIS1

Licensed business conducted in such a
manner to become a nuisance (quality of
life – noise, litter, urination, etc.)

10

20

30

N.J.A.C. 13:2-23.6(a)3

NUIS2

Licensed business conducted in such a
manner to become a nuisance (police
intervention – public safety or rights being
violated)

30

60

90

N.J.S.A. 33:1-31(h)

ORDIN

Violation of any ordinance, resolution or
regulation of an issuing authority or
governing body

10

20

30

N.J.S.A. 33:1-31

ORDER

Violation of an order of the Director or of
an issuing authority

10

20

30

N.J.A.C. 13:2-9.3

POSS

N.J.A.C. 13:2-23.16

PP

Indefinite
Indefinite
Indefinite
Failure to maintain continuing possession
Suspension Suspension Suspension
and exclusive control of licensed premises
+ 10 Days
+ 20 Days
+ 30 Days
Prohibited promotion

10

20

30

5

10

20

Revocation

Revocation

Revocation

N.J.A.C. 13:2-23.10

PROHD

Accepted delivery from a non-licensed
carrier

N.J.A.C. 13:2-23.12(a)
or (b)

PROHP

Purchased alcoholic beverages from a
prohibited source

10

20

30

N.J.A.C. 13:2-23.12(b)

PROHS

Sale of alcoholic beverages to a prohibited
receiver (retailer-retailer)

10

20

30

Sale to a person under the legal age, but
over the age of 18

15

30

45

Revocation

Sale to a person under the age of 18 years

30

60

90

Revocation

5

10

20

N.J.A.C. 13:2-23.1(a)

PULA

N.J.A.C. 13:2-23.1(a)

PULA/M

N.J.A.C. 13:2-24.11

REBATE Prohibited consumer rebate

N.J.A.C.13:2-23.24

RET

Retailer received – parallel to SOL3

N.J.S.A. 33:1-11, 2c

SBD1

Sale of less than 144 fluid ounces of malt
alcoholic beverages in original containers

N.J.S.A. 33:1-11, 2c

SBD2

Sale of "chilled" malt alcoholic beverages

60

30

60

90

5

10

20

5

10

20

Revocation

N.J.S.A. 33:1-12
N.J.S.A. 33:1-52/
N.J.A.C. 13:2-16.11(a)
and/or 16.11(c)

SCOPE

SOL1

Sale or consumption beyond the scope of
the license
Solicitor offered an order of alcoholic
beverages for purchase or sale, other than
allowed by law and the license of employer
and/or to retail licensee with family
member involved

10

20

30

15

30

45

Revocation

N.J.A.C. 13:2-16.12

SOL2

Solicitor employed by or connected in
business capacity to a retail licensee

15

30

45

Revocation

N.J.A.C. 13:2-16.11(b)

SOL3

Solicitor offered a cash rebate, free goods
or other incentive not contained on Current
Price List

30

60

90

Revocation

N.J.S.A. 33:1-31(e)

STAMP

Federal Tax Stamp not available

1

3

5

N.J.A.C. 13:2-23.21

STOR1

Storage of alcoholic beverages off the
licensed premises without a permit or not
in a licensed warehouse

5

10

20

N.J.A.C. 13:2-23.21

STOR2

Storage of alcoholic beverages for a time
period exceeding 72 hours following
receipt of a delivery for a fellow co-op
member

5

10

20

N.J.A.C. 13:2-23.27

SUSPV

Prohibited activity during license
suspension

10

20

30

5

10

20

N.J.A.C. 13:2-23.22(a)

TAP

Tap connected to a container of malt
alcoholic beverages not truly indicating
name or brand

N.J.S.A. 33:1-31(d)

TAX

Knowing failure to pay taxes described in
N.J.S.A. 33:1-31

15

30

60

N.J.A.C. 13:2-23.1(b)

TOX1

Sale of alcoholic beverages to an
intoxicated patron

15

30

45

Revocation

N.J.A.C. 13:2-23.20

TOX2

Licensee or employee working at licensed
premises while intoxicated

15

30

45

Revocation

TRANS

Transporting alcoholic beverages without
proper documents

10

20

30

N.J.S.A. 33:1-25

UI1

Undisclosed person, not otherwise
disqualified, with a beneficial interest in a
liquor license or licensed business

30

60

90

Revocation

N.J.S.A. 33:1-26

UI2

Person under the age of 18 or criminally
disqualified person with an undisclosed
beneficial interest a liquor license or
licensed business

Revocation

N.J.S.A. 33:1-12.31

UI3

Acquiring a beneficial interest in more than
Revocation
two retail liquor licenses

N.J.S.A. 33:143/N.J.A.C. 13:2-16.12

UI4

Solicitor with an undisclosed business
relationship to or a beneficial interest in a
retail license

UI5

Police officer, peace officer or any other
person whose power or duties include the
enforcement of the Alcoholic Beverage Law Revocation
or regulations with an undisclosed
beneficial interest in a liquor license

UI6

A brewery, winery, distillery, rectifying and
blending plant or wholesale licensee with
Revocation
an undisclosed interest in a retail liquor
license
60

90

Revocation

N.J.A.C. 13:2-20.4(a)

N.J.A.C. 13:2-23.31

N.J.S.A. 33:1-43

N.J.A.C. 13:2-16.11
and 23.28

WHOL

Wholesaler responsible for solicitor
violating N.J.A.C. 13:2-16.11(a), (b) and/or
(c)

61

Revocation

30

PERSON
WHO IS A “PERSON” UNDER THE ALCOHOLIC BEVERAGE CONTROL LAWS?
When used in any of the Alcoholic Beverage Control Laws or regulations, as well as in the Handbook, the
term “person” generally refers to an individual, partnership, corporation or any group or association of
individuals or the manager, agent, security officer or employee of any of them. (N.J.S.A. 33:1-1.)
PERSON-TO-PERSON TRANSFER – See “License Transfer” and “Buying a License”
PLACE-TO-PLACE TRANSFER – See “License Transfer”
POCKET LICENSE
WHAT IS A “POCKET LICENSE?”
A “Pocket License” is a type of inactive license which does not have a site or licensed premises. Therefore,
it is said to be “in the licensee’s pocket” until a place-to-place transfer is approved by the issuing authority
to a licensed premises. (See “Inactive License.”)
POLICE OFFICER EMPLOYMENT
CAN A REGULAR POLICE OFFICER BE EMPLOYED ON A LICENSED PREMISES WHEN OFF DUTY?
The Alcoholic Beverage Control Law requires that local police shall use “all due diligence to detect
violations” of that law (N.J.S.A. 33:1-71). Given this mandate, employment of local police officers on a
licensed premises could easily present the appearance of (if not an actual) conflict of interest.
Consequently, a licensee may not employ a regular police officer who is a member of the local police or
who has regular duties and responsibilities in the municipality where the license is located.
A licensee, however, may request permission to employ a regular police officer who does not have duties
and responsibilities in that community. Before doing so, the police officer must obtain the written consent
of his or her police chief and must also give notice of the intended off-duty employment to the chief of
police in the municipality where the licensed premises is located. The licensee, in requesting permission of
the A.B.C. Director to employ such police officer, should write or send the Division copies of the consent of
and notice to the chiefs of police and identify the period and type of employment.
If the police officer will sell, serve, possess or deliver any alcoholic beverages during the course of the
employment by the licensee, such officer cannot be armed or wear any uniform or badge identifying him or
her as a police officer. Additionally, no police officer may be employed by a licensee in excess of 24 hours
a week.
When a licensee has circumstances that require the use of trained police officers to provide crowd or traffic
control or security for money, the municipality may assign regular police officers to the licensed premises
62

for these purposes. The municipality may either bill the licensee for such cost or may require the licensee to
prepay for the services. In no event, however, may the licensee directly hire or pay these police officers.
(See N.J.A.C. 13:2-23.31; N.J.S.A. 33:1-26.1.)
It must be emphasized that the Division of A.B.C. regulates licensees, not police officers. If a police officer
has a question about his or her employment regarding a licensed premises, the officer should direct his/her
questions to the New Jersey State Division of Criminal Justice, Police Services Bureau.
PRECEDENT PENALTIES
WHAT ARE THE “PRECEDENT PENALTIES” FOR A.B.C. VIOLATIONS?
The Division published a penalty schedule listing the presumptive penalties for the most common violations
of the A.B.C. laws and regulations. Those penalties are the starting point for a first offense of that type.
They can be increased or decreased based upon aggravating or mitigating circumstances. A second, similar
offense within two years resulting in the doubling of the penalty; a third, similar offense resulting in the
tripling of the penalty. Generally a fourth (and in some cases a third) similar violation results in the
presumptive penalty of revocation. It should further be noted that some violations are so serious that
revocation is presumed for a first violation. (See “Penalty Schedule.”)
PRE-MIXED DRINKS
MAY A LICENSEE PRE-MIX DRINKS TO BE SERVED TO THE GENERAL PUBLIC? IF SO, WHAT ARE
THE REQUIREMENTS?
Yes. A licensee may offer pre-mixed drinks (drinks that are made in quantity before service), however, it
must meet the following requirements:
(1)

All pre-mixed drinks not consumed during the day they are mixed must be destroyed prior to the
commencement of the licensee’s next business day.

(2)

The licensee must affix a label to any open or sealed container of pre-mixed drinks describing its
contents. The minimum label requirements are:
(a)

identification of the type(s) and brand(s) of alcoholic beverages,

(b)

identification of all other ingredients either by generic or brand names and

(c)

an approximation of percentage by volume of alcohol that each drink will contain at the time
of service to a consumer.

63

(3)

In the event that pre-mixed drinks are dispensed through an automatic system including fountains,
electronic systems or pressurized systems, the label requirements as described in (2) above or its
equivalent must also be conspicuously displayed where the consumer ordering the pre-mixed drink
can see it.

(4)

Under no circumstance may a licensee use as a container for the pre-mixed drink a previously filled
or emptied originally labeled alcoholic beverage container. (See A.B.C. Bulletin 2454, Item 3; see
also “Automatic Dispensers.”)

PRIZES – See “Contest Prizes” and “Contests”
PROMOTIONS
WHAT PROMOTIONS MAY A RETAIL LICENSEE PARTICIPATE IN?
N.J.A.C. 13:2-23.16 permits a licensee to engage in promotional activities. However, a licensee cannot
offer a free drink, gift, prize or anything of value conditioned upon the purchase of an alcoholic beverage. A
licensee can offer a branded or unique glassware or souvenir in connection with a single purchase, consumer
mail-in rebates (in accordance with N.J.A.C. 13:2-24.11), permitted manufacturer’s sweepstakes and
contests and discounts offered on the purchase of alcoholic beverages for off-premises consumption to
consumers by retailers. A licensee can also offer a set price for a meal which includes a single alcoholic
beverage drink and a single bottle of wine or champagne to guests staying at a licensed hotel or motel as part
of a specialty package.
A licensee may not offer more than one free drink per patron or one free drink coupon ticket in a twentyfour hour period. A licensee cannot offer an unlimited availability of alcoholic beverages for a set price
except for private parties that are not sponsored by the licensee (such as weddings, birthday parties), events
held by social affair permittees or New Year=s Eve parties sponsored by a licensee whereupon a set price for
attendance includes an open bar.
It is prohibited to require or allow a consumer to pre-purchase more than one drink at a time by tickets,
tokens or admission fees as a condition for entrance into a licensed premises or as a requirement for service
or entertainment. A price, gift or award cannot be offered which consists of alcoholic beverages, coupons or
gift certificates redeemable for alcoholic beverages (except for a prize consisting of alcoholic beverages in
sealed containers offered in a raffle licensed pursuant to N.J.S.A. 5:8-50).
All prizes and promotions shall not be given to, nor shall any contest be open to, any individual under the
legal age to purchase or consume alcoholic beverages, any supplier, wholesaler, distributor, retailer,
affiliates, employees or members of their immediate family.
PROOF – See “Measurement of Alcoholic Content”
PROOF GALLON
64

WHAT IS A “PROOF GALLON?”
“Proof Gallon” is a term used to describe the alcoholic strength of distilled spirits. The term “Proof Gallon”
is strictly one gallon of distilled spirits at 100 proof, which is therefore half alcohol. The term can also be
used to describe the alcohol equivalence, or the ratio of volume to percentage of alcohol. Thus, two gallons
of distilled spirits of 50 proof is also one proof gallon. (See “Measurement of Alcoholic Content” and
“Wine Gallon.”)
PURCHASE FROM UNAUTHORIZED SOURCE
FROM WHOM CAN A RETAIL LICENSEE PURCHASE ALCOHOLIC BEVERAGES?
A retail licensee is permitted to purchase alcoholic beverages for resale only from New Jersey licensed
wholesalers or suppliers. If such New Jersey distributor lists an alcoholic beverage product in its C.P.L. or
offers it for sale to retail licensees, the retailer may presume it is properly authorized to be sold and the
retailer may then purchase it and offer it for sale to the consumer unless the retail licensee has actual
knowledge to the contrary.
Generally, a retail licensee may not purchase alcoholic beverage products from any wholesaler or any other
person who is not properly licensed by the New Jersey Division of A.B.C., nor may any such products be
purchased from another retail licensee. (N.J.S.A. 33:1-2; N.J.A.C. 13:2-33.1.) (See “Brand Registration”
and “Retailer to Retailer Sale.”)
RAFFLE BY LICENSEE – See “Gambling”
RAFFLE TICKETS
CAN A LICENSEE ACTIVELY PROMOTE AND SELL CHANCES FOR A RAFFLE BEING RUN BY A
BONA FIDE, NON-PROFIT OR CHARITABLE ORGANIZATION?
Yes. Raffle tickets for a raffle properly licensed by the Legalized Games of Chance Commission, N.J.S.A.
5:8-50, may be sold on a licensed premises by a patron or by a licensee provided that the licensee is not
compensated for selling or permitting the sale of the tickets. (See “Gambling.”)
REBATES
ARE MANUFACTURERS’ REBATES PERMITTED BY A RETAILER ADVERTISING THE REDUCTION
IN COST?
The rebate regulation allows manufacturers to offer rebates on purchases. N.J.A.C. 13:2-24.11. Retailers
may also advertise a reduction in the cost of an alcoholic beverage product based on a manufacturer’s rebate
provided the retailer has the rebates to distribute and if the retailer conspicuously advertises that the
reduction in cost is because of the manufacturer’s rebate. (See “Coupons.”)
RECORDS – PERMIT FOR OFF-PREMISE STORAGE OF BUSINESS RECORDS
I DON’T HAVE THE SPACE OR THE FACILITIES TO MAINTAIN MY BUSINESS RECORDS ON THE
LICENSED PREMISE. IS THERE A PROCEDURE THAT WOULD ALLOW ME TO MAINTAIN THE
65

RECORDS AT A LOCATION OTHER THAN THE LICENSED PREMISE?
A.B.C. regulations require that all business records be maintained on the licensed premise and be available
for inspection by either A.B.C. personnel or the local police (N.J.A.C. 13:2-23.32). Failure to maintain the
records on the licensed premise may result in the suspension or revocation of the license. However, the
A.B.C. recognizes that there are business circumstances where maintaining the records in this manner is
impracticable and not cost effective. A.B.C. regulation N.J.A.C. 13:2-29.4 allows a licensee to petition the
Director to relax the records rule. The Director may, in the sound exercise of his or her discretion, issue a
permit for the off-premise storage of business records listed in N.J.A.C. 13:2-23.32(a)(5), (b) and (c) that
will permit the storage of these records at a specifically identified location. When granted by the A.B.C.,
the licensee is issued a permit that must be affixed to the publicly displayed alcoholic beverage license.
Should the A.B.C. or the local police department want to see all or a portion of the licensee’s records, the
licensee shall produce the records within seven days of receiving the request. Production within this
timeframe will be considered a timely access to the records and will not subject the licensee to penalty for
failure to produce the records.
The permit is valid for one year, running concurrently with the alcoholic beverage license (July 1st through
June 30th). The application for the permit is available on the A.B.C. Internet web site at:
http://www.nj.gov/oag/abc/downloads/Off-Premise-Storage-Form.pdf.
REHABILITATION EMPLOYMENT PERMIT/DISQUALIFICATION REMOVAL
CAN A LICENSE BE HELD BY OR CAN A LICENSEE EMPLOY SOMEONE WHO HAS BEEN
CONVICTED OF A CRIME?
A person who has been convicted of a crime containing an element of moral turpitude (which, by definition,
excludes a disorderly persons offense) cannot have an interest in an alcoholic beverage license nor can they
be employed by a licensee unless:
(1)

The Director has issued an Order Removing Criminal Disqualification or

(2)

A Rehabilitation Employment Permit, or a Temporary Work Letter has been issued by the Division
of A.B.C. to authorize such employment.

CRIME OF MORAL TURPITUDE
The term “moral turpitude” denotes a serious crime from the viewpoint of society in general and usually
contains elements of dishonesty, fraud or depravity. Such crimes are generally but not exclusively
contained in the New Jersey Code of Criminal Justice, N.J.S.A. 2C:1-1 et seq., and are subject to indictment
and punishment by confinement for over one year in State prison. Conviction of a disorderly persons
offense, an arrest without conviction or placement in a pretrial intervention (P.T.I.) program, does not cause
a person to be statutorily disqualified from holding an interest in a license or being employed by a licensee,
66

provided such person is otherwise qualified.
ORDER REMOVING CRIMINAL DISQUALIFICATION
In order for the disqualification to be removed, a convicted person must wait at least five years after the date
of the conviction or release from confinement (whichever is later) and then must file an application along
with the appropriate fee with the Division of A.B.C. The petition must establish that the person has
conducted himself/herself in a law-abiding manner during the period after his/her conviction and that his or
her association with the alcoholic beverage industry of the State would not be contrary to the best interests
of the public. If these facts are verified after investigation by the A.B.C. Investigations Bureau, the A.B.C.
Director may issue an Order Removing Criminal Disqualification. Once that disqualification is removed,
there is no prohibition from holding a license or being employed by a licensee, if otherwise qualified. If it is
later determined that the removal was based upon false or fraudulent statements by the petitioner, such
disqualification removal will be revoked and the petitioner may be subject to criminal sanctions. (N.J.S.A.
33:1-31.2; N.J.A.C. 13:2-15.1 to 15.4.)
A person who receives an Order Removing Criminal Disqualification must continue to disclose the
underlying crimes that are the subject of the order in any license application as well as the A.B.C. Agency
Docket Number assigned to the order. In addition, when completing the A.B.C. Employee List (E-141-A),
the person would answer “Yes” to “Convicted of a Crime – Yes/No” and list the Agency Docket Number
assigned to the order in the column “A.B.C. Employment Permit No. (If Held).”
REHABILITATION EMPLOYMENT PERMIT
For a convicted person to be employed by a licensee, such person must first apply to the Division of A.B.C.
for a Rehabilitation Employment Permit by filing an application together with the appropriate fee.
Generally, there is no minimum waiting period after the date of conviction to file such application, except
that no application will be accepted if the person is still in jail, even if in a work release program. The
applicant may also file an application to receive a “temporary work letter” to authorize employment upon a
licensed premises pending a determination on their permit application. Whether or not such temporary
work letter is issued is up to the sole discretion of the Director and, if issued, can be made subject to
conditions and can be revoked or canceled.
After completion of an investigation by the A.B.C. Investigations Bureau, the A.B.C. Director will review
the matter. If the Director is satisfied that permitting the applicant to be employed would not be contrary to
the best interests of the public, the Division of A.B.C. will issue a Rehabilitation Employment Permit which
will be effective until December 21st of the year in which issued. The permit may have conditions which
limit the license location and/or type of work authorized. If employment is to continue after the expiration
of the permit, the permittee must apply to the Division of A.B.C. for an annual renewal. After a five-year
(minimum) period (from the date of conviction or release from confinement), an application can be made to
remove the disqualification for issuance of an Order Removing Criminal Disqualification. Once removal is
granted, no further Rehabilitation Employment Permit renewals are necessary. (N.J.A.C. 13:2-14.)
A person who receives a Rehabilitation Employment Permit must continue to disclose the underlying crimes
67

that are the subject of the permit on the A.B.C. Employee List (E-141-A), as well as the A.B.C. Agency
Docket Number assigned to the permit. When completing the A.B.C. Employee List (E-141-A), the person
would answer “Yes” to “Convicted of a Crime – Yes/No” and list the Agency Docket Number assigned to
the permit in the column “A.B.C. Employment Permit No. (If Held).”
A person holding a Rehabilitation Employment Permit cannot own a license.
DUTIES OF LICENSEES
When employing someone, a licensee must inquire as to whether that person has been convicted of a crime.
If so, the licensee should require the person to present a removal of disqualification, valid Rehabilitation
Employment Permit or determination of eligibility prior to the start of the employment. While a
disqualification removal or Rehabilitation Employment Permit application is being processed, the Division
of A.B.C. can issue a “temporary work letter” which the licensee must keep on file. To knowingly allow a
criminally disqualified person to work upon the premises without authorization from this Division subjects
the license to a presumptive suspension for at least 30 days. (See “Eligibility, Determination of” and “Fee
Schedule” at the end of this Handbook.)
REQUESTING INTERIM RELIEF
WHAT IS INTERIM RELIEF?
(Regarding interim relief, see N.J.S.A. 33:1-22, 31 and N.JA.C. 13:2-17.8 to 17.10.)
If you are requesting Interim Relief, the ABC requires a signed copy of the Resolution from the issuing
authority (city/town). If you are unable to provide the ABC with a copy of the Resolution, someone who has
personal knowledge of the facts must submit an affidavit that the issuing authority=s action against the license was
as follows: (then explain in detail).
WHAT ARE THE TIME LIMITS FOR REQUESTING INTERIM RELIEF?
(See N.J.S.A. 33:1-22, 31 and N.J.A.C. 13:2-17.3.)
Appeals by any taxpayer or other aggrieved person from the issuance of a license or from the grant of an
application for the extension or transfer of a license must be filed within 30 days from the date of issuance,
extension or transfer of the license. All other appeals by a licensee or applicant for a license must be filed
within 30 days after the personal service or mailing by registered mail of a written Notice by the municipal
issuing authority of the action taken against the licensee or the applicant. Non-action on the part of the
issuing authority (city/town) may appealed as follows:
(1)

Application for Issuance: 45 days from the date of a duly filed application for issuance of a new
license, unless applicant consents to an extension. N.J.A.C. 13:2-2.10(a).

68

(2)

Application for Renewal: 90 days after expiration of term. N.J.A.C. 13:2-2.10(b).

(3)

Application for Transfer: 60 days of the date of filing the application. N.J.A.C. 13:2-7.7(d).

NOTE: For the time period to begin, the application filed must be fully complete, all fees must be paid
and all required disclosures must have been made by the applicant. Appeals should be sent to:
Jose Rodriguez, Deputy Attorney General
New Jersey Division of Alcoholic Beverage Control
140 East Front Street, 5TH Floor
*P.O. Box 087
Trenton, New Jersey 08625-0087
*NOTE: IF SENDING VIA OVERNIGHT MAIL SERVICE, DO NOT INCLUDE P.O. BOX NUMBER!
RESTAURANT – See “Concessionaire’s Agreement”
Also, make certain that you have indicated you are conducting this type of business on page 4 of the license
application.
RETAIL LICENSE APPLICATION
WHAT IS THE “RETAIL LICENSE APPLICATION?”
The completed license application form constitutes the official license file and is the document used to
establish the record ownership of the license, to identify the licensed premises and to set forth all other
information necessary to the issuance of the license and the operation of the licensed business. The license
application form is the means by which all licenses, both Division of A.B.C. and municipally-issued, file for
the following transactions: person-to-person transfer; place-to-place transfer (including expansion or
reduction of premises); dissolution of partnership; change of corporate structure; extension to executor,
administrator, trustee or other court-appointed fiduciary and new license, Special Concessionaire Permit or
Special Permit for a Golf Facility. In addition, it is used for annual renewal of the license, Special
Concessionaire Permit or Special Permit for a Golf Facility unless a short form renewal application is issued
by the Division of A.B.C.
The individual pages of the license application form are also used to amend information when completion of
the full application is not required. A copy of the last full twelve-page application filed and any
amendments thereto must be kept at all times on the licensed premises and be available for inspection by an
authorized official. (N.J.S.A. 33:1-25.) (See “Documents and Records.”)

69

RETAIL SAMPLES
ARE RETAIL LICENSEES PERMITTED TO GIVE SAMPLES OF ALCOHOLIC BEVERAGES TO THEIR
CUSTOMERS?
No. Generally, any giving of alcoholic beverages is a “sale” under the definition in the Alcoholic Beverage
Control Law. Therefore, giving a sample to a customer, whether by drink or in a sealed container, would be
a sale below cost, which is prohibited by regulation. (N.J.A.C. 13:2-24.8.) Complimentary drinks and
samples, however, are allowed under certain circumstances. (See “Complimentary Drinks” and “Tasting
Events and Samplings.”)
RETAILER TO RETAILER SALE
CAN A RETAIL LICENSEE SELL TO OR PURCHASE ALCOHOLIC BEVERAGES FROM ANOTHER
RETAIL LICENSEE?
No. Generally, a retail licensee is not permitted to sell alcoholic beverages to or purchase alcoholic
beverages from another retail licensee. (N.J.A.C. 13:2-23.12.) (See “Borrowing Alcoholic Beverages.”
Also see “Close-out Sales.”)
RETIREMENT OF CONSUMPTION LICENSES
WHAT IS A “LICENSE RETIREMENT PROGRAM,” AND DOES IT APPLY TO ALL LICENSES?
The municipal issuing authority may, by ordinance, establish a license retirement program but only for retail
consumption licenses and only in municipalities where the number of existing retail consumption licenses
exceeds one for every 2,000 of population. Under this program, the municipality can contract with existing
licensees and pay them up to $30,000.00 to retire or return their license to the municipality. This license
cannot be reissued to any applicant and the program cannot be used when the number of licenses reaches
one for every 3,000 in population. The program is funded by imposing a $200.00 surcharge over and above
the annual licensing fee. The actual payment to the retiring licensee is spread over several years depending
on the amount of money in the fund.
An interested licensee should contact the municipal clerk to find out if such a program exists in its town and
the terms and procedures of the program. It should be noted, however, that this program only applies to
Plenary Retail Consumption Licenses and no other retail license. (N.J.S.A. 40:48-2.40 through 2.43.)
RUM COOLERS
ARE “RUM COOLERS” THE SAME AS WINE COOLERS?
No. Rum coolers, while relatively low in proof of alcohol, nevertheless are made from distilled spirits,
while wine coolers are made from wine. As a result, in most municipalities, wine coolers can be sold for off
premises consumption before 9:00 a.m. and after 10:00 p.m. (which are the hours that package goods of
distilled spirits are prohibited by State regulation) while rum coolers can only be sold between 9:00 a.m. and
10:00 p.m. (See “Closing Time” and “Package Goods Sales by Retail Consumption Licensees.”)
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SACRAMENTAL WINE
CAN A RETAIL LICENSEE SELL WINE DIRECTLY TO A CHURCH OR SYNAGOGUE FOR
CEREMONIAL PURPOSES?
Yes, but the sale price must not be below cost. Additionally, no church or synagogue can then re-sell such
wine to its parishioners since same would be a sale of alcoholic beverages without a license. (See “Cost”
and “Sales Tax.”)
SALES TAX
WHEN IS A RETAIL LICENSEE REQUIRED TO COLLECT SALES TAX?
As of July 1, 1990, all retail sales of alcoholic beverages are subject to New Jersey sales and use tax. This
includes package goods as well as alcoholic beverages sold for on-premises consumption. The tax is on all
types of alcoholic beverages. The tax is generally charged on all retail purchases. However, some parties
may be exempt (non-profit organizations, i.e., churches). In those cases, certain permits must be presented
and recorded. For the correct procedure, the licensee should contact the Division of Taxation.
HOW MUST THE SALES TAX BE LISTED?
Generally, the sales tax must be separately stated on all bills, receipts or sales slips issued to customers. If
bills or sales slips are not issued to customers, the sales tax must be included in the unit price of the
alcoholic beverages. (“Unit Price” is the total amount of the item, including the sales tax, which is either
rung up on the cash register or recorded in some other system of accounting for sales.) If sales tax is
included in the unit price of the alcoholic beverages, a sign must be displayed in the place of business that
states, “The price of all alcoholic beverages includes the appropriate New Jersey sales and use tax.”
All sales tax must be remitted to the New Jersey Division of Taxation either quarterly or monthly depending
on the amount of tax collected.
WHAT DOCUMENTS DO YOU NEED TO COLLECT SALES TAX?
Since all licensees must collect and remit sales tax, the law requires that the licensees must register with the
Division of Taxation as a collecting entity and receive a Sales Tax Certificate of Authority number. Failure
to register and receive a Sales Tax Certificate of Authority number is a violation of the Division regulation
which could lead to suspension of the license. All questions should be directed to the Division of Taxation.
(See A.B.C. Bulletin 2457, Item 5; see also “Documents and Records.”)
SAMPLES FROM WHOLESALERS
CAN A WHOLESALER PROVIDE SAMPLES TO A RETAIL LICENSEE?
Yes, a wholesaler, through its solicitors, may provide to a retail licensee samples of alcoholic beverages sold
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by the wholesaler. However, the wholesaler is required to obtain from the Division of A.B.C. an Omnibus
Permit or a separate Sampling Permit to provide samples. The samples will usually be given by a licensed
solicitor employed by the wholesaler. The solicitor, in transporting the product, must have the correct
paperwork identifying the products as samples. The samples given to the retail licensee or his employee
may not be resold. The wholesaler or solicitor is also required to maintain a record of the persons and
licensees to whom samples are given. A retailer might be asked to sign or acknowledge receipt of such
samples. (See A.B.C. Bulletin 2441, Item 5.) (See “Tasting Events and Samplings.”)
SEARCH WARRANTS – See “A.B.C. Investigations Bureau”
SEIZURE OF LICENSES
WHO CAN SEIZE A LICENSE?
Both the U.S. Internal Revenue Service and the N.J. Division of Taxation are authorized to seize alcoholic
beverage licenses for failure to pay outstanding tax liabilities. If seized, the licensee may continue in
business by obtaining a copy of the license certificate from the issuing authority with it being endorsed by
the municipal clerk/A.B.C. Secretary as follows:
“The original certificate has been seized on ______________ by the (Internal Revenue Service) (NJ
Division of Taxation).
/s/ ___________________________________
(Municipal Clerk/A.B.C. Secretary)”
The license cannot be transferred by the licensee while the seizure continues.
SEVEN DAY NOTICE TO PRODUCE RECORDS
MY BUSINESS WAS INSPECTED BY THE A.B.C. OR LOCAL POLICE. DURING THE INSPECTION,
THE OFFICERS REQUESTED DOCUMENTS OR OTHER PHYSICAL ITEMS THAT I COULD NOT
IMMEDIATELY PRODUCE. AS A RESULT, THEY ISSUED A “SEVEN DAY NOTICE” REQUIRING ME
TO PRODUCE THE RECORDS OR ITEMS. WHAT MUST I DO?
The licensee is required to contact the requesting agency within seven days of receipt of the notice and
arrange for the production of the requested records or items. Failure to produce the records or items may
result in the suspension or revocation of the alcoholic beverage license.
SILENT PARTNER – See “Undisclosed Interest”
SOCIAL AFFAIR PERMIT
WHAT IS A “SOCIAL AFFAIR PERMIT,” AND WHEN IS ONE REQUIRED?
A Social Affair Permit allows an organization operating solely for civic, religious, educational, charitable,
fraternal, social or recreational purposes, and not for private gain, to apply for a Special Permit to serve
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alcoholic beverages at a fund-raising event. NO MORE THAN TWELVE SUCH DAILY PERMITS
WILL BE ISSUED TO ANY ONE ORGANIZATION IN A CALENDAR YEAR, AND NO MORE
THAN 25 PERMITS CAN BE ISSUED FOR ANY ONE PREMISES OR LOCATION IN A
CALENDAR YEAR. (N.J.S.A. 33:1-74; N.J.A.C. 13:2-5.1.)
The terms of the Social Affair Permit allows the permittee to purchase the alcoholic beverages to be served
at the function from either a wholesaler or from a retail licensee who can sell package goods. Other terms,
including hours of sale, responsibilities, transportation, storage and return of the alcoholic beverages are
specifically identified within the language of the permit itself.
In order for a Club Licensee to conduct affairs that are open to non-members or the general public, the Club
can be issued a Social Affair Permit and, in fact, must obtain one if alcoholic beverages are to be sold at the
affair. In such case, however, the Club Licensee may draw the alcoholic beverages from its regular
inventory. (See “Club License” and “Fee Schedule” at the end of this Handbook.)
SOLICITOR OR SALESMAN – See “Advertising”
SPECIAL ANNUAL CONCESSIONAIRE PERMIT
WHAT IS A “SPECIAL ANNUAL CONCESSIONAIRE PERMIT,” AND WHEN IS ONE REQUIRED?
The sale of alcoholic beverages in any public building belonging to, or under the control of the State or any
political subdivision except the National Guard, requires the issuance of a “Special Concessionaire Permit”
by the A.B.C. Director. This annual permit is issued to a private vendor who has a contract with the unit of
government to provide services to the public. The permit, for example, is issued to a vendor to provide
alcoholic beverages for consumption on premises such as the Meadowlands, state college pubs, municipallyowned golf courses, marinas or similar facilities. (N.J.S.A. 33:1-42; N.J.A.C. 13:2-5.2.)
SPORTS POOL – See “Gambling”
SPORTS TEAMS SPONSORSHIP – See “Athletic Team Sponsors”
STATE BEVERAGE DISTRIBUTOR’S LICENSE
WHAT IS A “STATE BEVERAGE DISTRIBUTOR’S (S.B.D.) LICENSE?”
A State Beverage Distributor’s License is a “Class B” wholesale license which permits the sale of un-chilled
beer and other malt alcoholic beverage products in quantities of at least 144 fluid ounces (equal to two sixpacks) and chilled kegs of draught beer in specified sizes.
The S.B.D. licensee may operate as a wholesaler and sell to retailers. At the same time, or without
wholesaling, the S.B.D. licensee can also sell to consumers at retail. Nothing else, however, other than the
malt alcoholic beverage products and non-alcoholic beverages, may be sold on the licensed premises.

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As a “Class B” license, the S.B.D. License is issued by the Division of A.B.C. It can be located anywhere in
the State. No more than 72 S.B.D. licenses can be issued. These licenses are also subject to petitioning the
Director for renewal if they have been inactive for two full license terms just as an inactive retail license
must do. (N.J.S.A. 33:1-11.6.) (See “Inactive License.”)
STOCKHOLDER CHANGE
WHAT MUST A CORPORATE RETAIL LICENSEE DO WHEN THERE IS A CHANGE IN THE PERSONS
WHO OWN THE CORPORATION’S STOCK?
Any change that involves one percent or more of the stock of a corporation that holds a retail license must
be reported to the issuing authority within 10 days after the stock change takes place. If the change affects
less than one-third of the stock of the corporation, the licensee need only amend the application by filing an
amended page 11 and also 7 and 8, if applicable. If the change affects one-third or more of the stock, a full
12-page application is required. Changes in partnerships and other types of legal entities are treated in the
same manner as a stockholder change of a corporate license. Publication of a legal notice advising of the
change is required if the new holder of the stock does not already hold one percent or more of the stock at
the time of transfer. The issuing authority is not required to approve a stockholder change by resolution and
no approval prior to the change in stockholders is needed. No fee is required. (N.J.A.C. 13:2-2.14 through
2.16.)
All new shareholders holding one percent or more corporate stock must be fully qualified to hold an
alcoholic beverage license, and they will be investigated by the issuing authority. When the stock of a
corporate licensee is owned in whole or in part by other corporations, information on each corporation with
an interest must be submitted on pages 7, 8 and 11.
When a full license application is filed indicating a change in one-third or more of the corporate stock, the
Division of A.B.C. will alter the license number to show an increase in the 4th set of digits, which shows the
generation number of the license. (See “Retail License Application” and “License Number.”)
STORAGE OF ALCOHOLIC BEVERAGES
MAY A RETAIL LICENSEE STORE ALCOHOLIC BEVERAGES OFF THE LICENSED PREMISES?
Generally, alcoholic beverages can only be stored in an area that is included in the licensed premises or in a
licensed public warehouse. In case of a temporary need to store alcoholic beverages elsewhere, a licensee
may apply to the Division of A.B.C. for a special permit to store off the licensed premises.
A member of a cooperative is authorized to accept the delivery of the cooperative’s purchase order and to
keep same on his/her premises for a period not to exceed 72 hours following the delivery so that fellow
members may pick up their portion of the order. (N.J.A.C. 13:2-23.21.)
If a retail licensee is required to place alcoholic beverages into inactive or “dead” storage, usually as the
result of a fire, flood, eviction or the like, a permit may be issued for this purpose. Application is made to
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the Division of A.B.C. by letter explaining the circumstances. The permit will only be issued through the
following June 30th. (See “Fee Schedule” at the end of this Handbook.)
SUBSTITUTING BEVERAGES
MAY A LICENSEE SUBSTITUTE ONE BRAND OF ALCOHOLIC BEVERAGES WHEN ANOTHER HAS
BEEN ORDERED BY A CUSTOMER?
No alcoholic beverage or non-alcoholic beverage other than what has been ordered may be substituted by a
licensee or employee. If an ordered brand is not available, the patron must be so informed and the order retaken. (N.J.A.C. 13:2-23.19.)
MAY A LICENSEE REFUSE TO SELL OR SERVE ALCOHOLIC BEVERAGES TO A PERSON IT
BELIEVES IS ACTUALLY OR APPARENTLY INTOXICATED AND AT THE SAME TIME OFFER AN
ALTERNATIVE NON-ALCOHOLIC BEVERAGE SUCH AS COFFEE OR SODA?
The licensee not only is permitted but required to refuse to serve alcoholic beverages to a patron it believes
is intoxicated. A licensee may offer this patron a non-alcoholic beverage such as coffee or soda. However,
a licensee cannot make this sale if the only way to do so is to represent it as an alcoholic beverage.
Therefore, if an apparently intoxicated patron only wants an alcoholic beverage, the licensee should not
serve him anything. (See A.B.C. Bulletin 2450, Item 4; see also “Intoxicated Patrons.”)
SUPER BOWL POOLS – See “Gambling”
SUPPLIER
WHAT IS A “SUPPLIER?”
“Supplier” is a term used in the alcoholic beverage industry to collectively refer to manufacturers or
producers (brewers, vintners, distillers and rectifiers and blenders), bottlers and importers of alcoholic
beverages. (See “Licenses – Manufacturing.”)
SUSPENSION – See “Penalty - Effect on Use of Premises”
TAP MARKERS
MUST EACH TAP MARKER ON A LICENSED PREMISES ACCURATELY BEAR THE BRAND WHICH IS
TRULY BEING SERVED FROM THAT TAP?
Yes, tap markers must indicate the name of the brand of the alcoholic beverage product being drawn from
the tap and must be in full view of the purchaser when the tap is located at a bar at which consumers are
served. (N.J.A.C. 13:2-23.22(a).) (See “Automatic Dispensers.”)
TASTING EVENTS AND SAMPLINGS
MAY RETAIL LICENSEES PARTICIPATE IN TASTING EVENTS AND SAMPLINGS?
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A ATasting event@is a scheduled event hosted by a licensee or permittee, which is not open to the public and
for which invitations are provided to guests 24 hours in advance. A ASampling@is an act by a licensee or
permittee where a small amount of an alcoholic beverage is offered to a consumer for the purpose of
inducing or promoting a sale.
For licensees and permittees who are allowed to sell alcoholic beverages in open containers (such as
consumption licensees), the parameters for conducting tasting events and samplings include:
(1)

Tasting events are not to be open to the general public but are to be limited to invitations
given 24 hours in advance.

(2)

Tasting events and samplings are not to be offered to or allowed to be consumed by any
person under the legal age to consume alcoholic beverages or by any intoxicated persons.

(3)

Tasting events and samplings are not to be offered when the sale of alcoholic beverages is
otherwise prohibited.

(4)

All tasting events and samplings must be from the inventory of the licensee.

For retail distribution licensees (package goods stores), the parameters for conducting tasting events and
samplings include:
(1)

Tasting events and samplings are confined to the licensed premises and all wine used in the
tasting events and samplings shall be from the inventory of the licensee conducting the
tasting or sampling.

(2)

Seating of any kind and any bars for the purpose of samplings or tasting events on a
distribution licensed premises are prohibited.

(3)

Only cheese, crackers, chips, dips and similar snack foods are permitted to be served at a
tasting and only cheese and crackers are permitted to be served at a sampling.

(4)

Distribution licensees holding a tasting event must notify the Division of Alcoholic Beverage
Control, in writing, at least ten days in advance of conducting a tasting event. (The notice
shall describe the place, time and products to be featured at the event.)

(5)

Only 12 bottles of wine may be open and offered at each tasting event. (For purposes of this
regulation, an alcoholic beverage product means each specific individual brand registered
alcoholic beverage product being offered.)

(6)

Only one tasting event is permitted in a 24-hour period.
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(7)

At a tasting event, each patron/customer is limited to four one-and one-half ounce samples.

(8)

Samplings on a retail distribution licensed premises are limited to the hours of 9:00 a.m and
10:00 p.m.

(9)

Patrons/customers are limited to four one-and one-half ounce samplings in any 24-hour
period.

(10)

Samplings may not be offered to, or allowed to be consumed by, any person under the legal
age for consuming alcoholic beverages or intoxicated persons.

(11)

Samplings are not to be offered when the sale of alcoholic beverages is otherwise prohibited.

(12)

Only six bottles of wine may be open at any one time on a plenary retail distribution licensed
premise for the purpose of sampling.

(13)

When a bottle is opened for the purpose of a sampling, a form supplied by the Division
identifying the brand, size and the date the bottle was opened must be completed by the
licensee. (This form must be maintained on the licensed premises and available for
inspection.)

(14)

When a bottle is opened for the purpose of a sampling, the bottle must be marked SAMPLE
and with the date the bottle was opened which coincides with the completed form.

(15)

Once a bottle is opened for the purpose of sampling, it cannot be returned to the supplier.

(16)

No samplings of distilled spirits, beers or malt alcoholic beverages may be provided by a
Plenary Retail Distribution Licensee.

Suppliers, manufacturers or wholesalers of alcoholic beverages holding an annual special permit as provided
in current regulation N.J.A.C. 13:2-37.1(a)(7) may participate in consumer tasting events and samplings
hosted by licensees and permittees who are allowed to sell alcoholic beverages in open containers as well as
distribution licensees. As provided in this existing regulation, each solicitor or duly authorized
representative participating in consumer tasting events must hold an additional $200.00 permit and comply
with the 10-day advance reporting requirement.
TEEN NIGHTS OR 18 TO PARTY, 21 TO DRINK
CAN A LICENSEE HOLD A “TEEN NIGHT,” A TEENAGE DANCE OR AN “18 TO PARTY, 21 TO
DRINK” ON LICENSED PREMISES? WHAT RESPONSIBILITIES DOES THE LICENSEE HAVE?
“TEEN NIGHT” OR TEENAGE DANCES
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Teen only nights are permitted if they do not violate local ordinances. Even though alcoholic beverages are
not being sold, the licensee is still under the same restrictions and has the same responsibilities that it would
have if alcoholic beverages were being served. The licensee must be sure that no State laws, rules,
regulations or local ordinances are being violated by anyone on the licensed premises at any time.
“18 TO PARTY, 21 TO DRINK” EVENTS
These events are permitted, provided they do not violate local ordinances. During these events, the greatest
risk facing the licensee is the “pass-off” of alcoholic beverages from persons of legal age to those that are
not of legal age. While not prohibited, the A.B.C. does not condone these events. Any possession or
consumption of alcoholic beverages by persons under the legal age may result in the arrest of the person(s)
involved and in an administrative action to suspend or revoke the license. The A.B.C. will consider the “18
to party, 21 to drink” event as an aggravating factor when determining the penalty against the license.
TEMPORARY RETAIL STORAGE – See “Storage of Alcoholic Beverages”
TIED AND COMBINATION SALES
WHAT IS A “TIED SALE,” AND ARE THERE ANY RESTRICTIONS?
A “tied sale” is the offering or selling of any alcoholic beverage product conditioned on the purchase of
another product. For example, if a retailer offered a decanter bottle that could only be purchased by buying
a 1.75 liter bottle of the same or a different alcoholic beverage, it would be a “tied sale” since the sale of the
decanter is “tied” to the purchase of the 1.75 liter bottle. Such a practice is prohibited. (N.J.A.C. 13:224.9(a); see also N.J.A.C. 13:2-23.16.)
WHAT IS A “COMBINATION SALE,” AND ARE THERE ANY RESTRICTIONS?
A “combination sale” is the offering or selling of any alcoholic beverage together with another alcoholic
beverage or with some other suitable object, at a single price for the unit. Retailers (not wholesalers) may
sell any combination of alcoholic beverages, with or without other suitable objects, provided that the selling
price is not below the cost of the alcoholic beverages to the retailer. Retailers may offer discounts to
consumers on combinations of products for off premises consumption.
It should be carefully noted that the restrictions on “tied” and “combination” sales do not apply to the sale of
a prepackaged gift item (such as a liqueur packaged with cordial glasses or two or more bottles of wine
packed in a wooden gift case) if it comes from the manufacturer. (N.J.A.C. 13:2-24.9(b).)
TIED-HOUSE STATUTE
WHAT IS MEANT BY “TIED-HOUSE?”
“Tied-house” is a term used to describe a mutual interest between a producer or wholesaler of alcoholic
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beverages and a retailer of alcoholic beverages. With certain very limited exceptions, no “tied-house”
interest is permitted. This means that a retail licensee, unless covered by those very limited exceptions
enumerated in the “tied-house” statute, may not have any interest, even in an indirect way, in any producer
or wholesaler of alcoholic beverages, and such a producer or wholesaler may not have any retail interest in
New Jersey. (N.J.S.A. 33:1-43; N.J.A.C. 13:2-23.25.) (See A.B.C. Bulletin 2432, Item 3.)
The “tied-house” restrictions limit what activities and services a solicitor or salesperson can undertake on a
retail licensed premises or for a retail licensee. (See A.B.C. Bulletin 2437, Item 6, and A.B.C. Bulletin
2452, Item 3; see also Advertising.”)
TOURNAMENTS – See “Card Playing/Dart Games” and “Gambling”
TRADE ASSOCIATION
WHAT IS A “TRADE ASSOCIATION?”
A trade association is an organization of licensees which is designated to promote their common interests.
There is no requirement that licensees join or belong to a trade association, but the Division of A.B.C.
encourages participation of licensees in trade associations since it simplifies and facilitates communication
with licensees concerning their problems and responsibilities.
TRADE NAME
WHAT REQUIREMENTS AFFECT A RETAIL LICENSEE’S USE OF A TRADE NAME?
A “trade name” may be used by any retail licensee, whether such licensee is a corporation, partnership or
sole proprietor. If a corporation, the licensed corporation must file a “certificate of registration of fictitious
name” with the Secretary of State of New Jersey every five years. (N.J.S.A. 14A:2-2.1.) A partnership or
sole proprietorship must file a trade name with the county clerk of the county in which the licensed premises
is or will be located. (N.J.S.A. 56:1-1 and 1-2.)
The trade name must also be identified on page 2 of the license application and any change must be reported
to the issuing authority upon its occurrence by amending that page of the application. (See “Retail License
Application.”) Any trade name used by a licensee must not be misleading as to the nature of business being
conducted (for example, a Plenary Retail Consumption Licensee (“33”) may not use the trade name, “XYZ
Liquor Store,” but “XYZ Bar & Liquors” would be permitted).
If the name under which the licensed business operates is the same as the actual name of the licensed
person, partnership or corporation, no fictitious name registration is necessary, nor is it required to show a
trade name on the Retail License Application.
TRANSIT INSIGNIA PERMIT
WHAT PERMIT IS REQUIRED BY A RETAIL LICENSEE TO BE ABLE TO DELIVER ALCOHOLIC
BEVERAGES TO A CUSTOMER?
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A retail licensee’s Retail Distribution License or Retail Consumption License, which is not restricted from
selling package goods, allows the licensee to deliver the alcoholic beverages to a customer. (See “Home
Deliveries.”) Such deliveries, however, must be made in a vehicle owned or leased by and under the control
of the retail licensee and must have a Transit Insignia properly affixed. The Transit Insignia is issued for a
12-month period ending August 31 of each year. The insignia is issued for a specific vehicle and may not be
transferred to another vehicle. If a vehicle having a Transit Insignia is sold or disposed of, the insignia or
sticker must first be removed and the Division must be notified of the sale. (N.J.A.C. 13:2-20.1 through
20.10.) (See “Fee Schedule” at the end of this Handbook.)
TRANSPORTATION OF ALCOHOLIC BEVERAGES FOR PERSONAL USE
IS THERE ANY LIMITATION ON THE AMOUNT OF ALCOHOLIC BEVERAGES A PERSON CAN
TRANSPORT FOR PERSONAL USE?
There are no quantity limits on the amount of alcoholic beverages a person can transport within this State
for his/her own personal use. There are still limits on the amount of alcoholic beverages a person can
personally carry into the State (1/4 barrel or one case not in excess of 12 quarts of malt alcoholic beverages,
one gallon of wine and two quarts of other alcoholic beverages) within one 24-hour period even if it is for
their own personal use. To transport more than this, a person can obtain an Import for Personal
Consumption Permit from the Division. (See “Fee Schedule” at the end of this Handbook.)
Lawful transportation of alcoholic beverages for one’s personal use out of the State is dependant upon the
laws of the State into which the alcoholic beverages are transported.
Transportation of any quantity of alcoholic beverages for commercial purposes without the proper license,
permit or insignia is strictly prohibited. (See “Transit Insignia Permit.”)
TWO-LICENSE LIMITATION
IS THERE A LIMIT TO THE NUMBER OF RETAIL LICENSES IN WHICH A PERSON MAY HAVE AN
INTEREST?
Unless a person held an interest in more than two retail licenses (except plenary retail transit licenses) prior
to August 3, 1962, a person may not have any interest in more than a total of two retail licenses. There are
some exceptions which permit the acquiring of more than two licenses if such licenses are retail
consumption licenses and are used for a hotel of at least 50 sleeping rooms, a restaurant, a bowling facility
of 20 lanes or more or at an international airport. Where this exception applies, except for hotels, no
package goods can be sold. (N.J.S.A. 33:1-12.31 to 12.37.) (See “Local Control” and “Package Goods
Sales by Retail Consumption Licensees.”)
Being a member of a club which holds a Club License or holding less than 10 percent or less of the stock of
a publicly-traded corporation which owns a retail license does not constitute an interest for the purpose of
this two-license limitation.
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See also “Local Control” for an explanation of a municipal restriction that can be placed on the number of
retail licenses that a person may hold in a community.
UNDISCLOSED INTEREST
WHAT IS AN “UNDISCLOSED INTEREST?”
The Alcoholic Beverage Control Laws require that every person who has an interest in the alcoholic
beverage license must be disclosed, unless that interest amounts to less than one percent of the stock of a
corporation. This disclosure is made by completing page 10A of the retail license application with each
person’s name, address, date of birth and social security number, together with an identification of the
nature of the interest. If a person who has an interest is not so disclosed on page 10A of the retail license
application, that person holds an “undisclosed interest” in the license, and the license is thereby in violation.
Persons deemed to have equitable or beneficial interests in the license must have same disclosed, even if
technically they are not considered stock holding interests.
Often an undisclosed interest exists because the person who has the interest which is not disclosed is
disqualified from having an interest in an alcoholic beverage license. This could be by reason of having
been convicted of a crime (N.J.S.A. 33:1-25; see “Rehabilitation Employment Permit/Disqualification
Removal”), already having an interest in two retail licenses (N.J.S.A. 33:1-12.31; see “Two License
Limitation”), having an interest or being employed in violation of the “tied-house” statute (N.J.S.A. 33:1-43;
see “Tied-House Statute”) or having had an interest in a license that was revoked within the last two years or
having twice had an interest in a license that was revoked. (N.J.S.A. 33:1-31.) Where the interest in a
license was not disclosed due to one of these reasons and that interest is a substantial or controlling one,
absent mitigating circumstances, the license is subject to revocation. (See A.B.C Bulletin 2443, Item 6.)
It is also a violation to not disclose an interest for any other reason. Where, however, the person holding the
undisclosed interest is not disqualified from holding an interest in an alcoholic beverage license, that
situation will generally not result in a revocation penalty, but the license may still be subject to a substantial
suspension. Each such case will be determined based on the facts and circumstances surrounding the nondisclosure.
VIDEO GAMES
WHAT VIDEO GAMES ARE PERMITTED ON A LICENSED PREMISES?
Video games which are for entertainment purposes only and whose outcome depends on skill as opposed to
chance are permitted on licensed premises. Most video games which have a card, horse racing, dice,
roulette, slot machine or similar format have been prohibited. Some video games have been permitted if
they have been pre-approved by the Director. Approval is only given to a game which cannot be used for
gambling purposes and has no means to accumulate and erase credits. The approved games generally accept
only four coins or two one dollar bills at a time. These machines also have lock out coils which prohibit the
machine from accepting additional coins or bills. Where a game of this nature is approved, a licensee must,
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within 48 hours of the placement of a game on the premises, notify the Division of A.B.C. of the placement,
giving the name of the machine, its serial number, the name and address of who placed the machine, as well
as the name, address and license number of the licensee. (See A.B.C. Bulletin 2434, Item 9; 2435, Item 4;
and 2437, Item 4.) Also, make certain the license application indicates on page 4 that such amusement
games are on the licensed premises.
Having a non-approved video game on the premises is a violation which will subject the license to sanction
for a gambling violation; individuals holding the license may be subject to criminal penalties and civil
forfeiture of the video machine as well as the penalties lodged against the license by this Division. (See
“Gambling” and “Penalty Schedule.”)
WINE COOLERS – See “Rum Coolers”
WINE “DOGGY BAGS”
MAY A PATRON TAKE FROM A RESTAURANT AN UNFINISHED PORTION OF A BOTTLE OF WINE
IN AN ALCOHOLIC BEVERAGE VERSION OF A “DOGGY BAG?”
Yes. It is the policy of the State to encourage moderation in the consumption of alcoholic beverages. To
permit a diner to take home an unfinished portion of the bottle of wine, rather than consume it all to prevent
“waste” of his purchase, furthers that policy. Thus, an unfinished bottle of wine may be re-corked and the
patron can take it with him. Removal of other open containers of alcoholic beverages from the licensed
premises, such as a glass of wine, a mixed drink or an opened bottle or can of beer, is still prohibited.
Licensees should caution patrons using wine “doggy bags” that the wine should be placed in the trunk of the
patron’s car while in transit because Motor Vehicle Law prohibits the consumption of alcoholic beverages in
a car and the presence of a container with its original seal broken in a motor vehicle (buses, taxi cabs and
limousines are excluded) can give rise to a presumption that the unfinished bottle was consumed in the car.

WINE GALLON
WHAT IS MEANT BY THE TERM “WINE GALLON?”
The term “Wine Gallon” is nothing more than the name given by the alcoholic beverage industry to an
ordinary liquid gallon (128 fluid ounces). (See “Proof Gallon.”)

FEDERAL REGULATIONS
CLOSURE ON LIQUOR BOTTLES
WHAT TYPE OF CLOSURES ARE REQUIRED TO BE ON LIQUOR BOTTLES?
Distilled spirits products bottled after July 1, 1985, no longer bear federal paper strip stamps over the caps.
82

These bottles must have tamper-evident closures which are designed to require breaking in order to gain
access to the contents of the bottles. Examples of these types of closures are paper seals, metal roll-on caps,
cello-seals with tabs and foil capsules with zip tabs.

83

COMMERCIAL BRIBERY (FEDERAL)
WHAT ACTIVITIES ARE PROHIBITED BY THE COMMERCIAL BRIBERY PROVISIONS IN THE FAA
ACT?
An industry member is prohibited from inducing, either directly or indirectly, a retailer to purchase that
industry member’s products to the exclusion of other products sold in interstate or foreign commerce.
Industry members include manufacturers, importers and wholesalers of alcoholic beverage products.
Inducements considered to be commercial bribery would include the offering or giving of a bonus,
premium, compensation or other thing of value to any officer, employee or representative of the retailer.
CONSIGNMENT SALES (FEDERAL)
WHAT IS A “CONSIGNMENT SALE?”
“Consignment sales” are arrangements in which the retailer is under no obligation to pay for alcoholic
beverage products until they are sold by that retailer.
WHAT TYPE OF ACTIVITIES ARE RETAILERS PROHIBITED TO BE INVOLVED IN CONCERNING
CONSIGNMENT SALES?
Retailers are prohibited to purchase, offer to purchase or contract to purchase alcoholic beverage products
on consignment, under conditional sale, with the privilege of return or on any basis other than a bona fide
sale. Additionally, a retailer cannot be required by a supplier to purchase other products from such supplier
as part of any sale.
MAY A RETAILER RETURN PRODUCTS TO A SUPPLIER FOR ANY REASON?
Under certain circumstances, retailers may return products to a supplier. These include: defective products;
errors in products delivered; products which may no longer be lawfully sold (e.g., size of the bottle is no
longer allowed); termination of the retailer’s business or franchise; change in product (e.g., formula, proof);
discontinued products and return from seasonal dealers if the products are likely to spoil during the off
season. The return of overstocked or slow-moving products and the return of seasonal products (e.g.,
holiday decanters) are not considered allowable returns for “ordinary and unusual commercial reasons.”
EXCLUSIVE OUTLET (FEDERAL)
WHAT IS PROHIBITED UNDER THE EXCLUSIVE OUTLET PROVISIONS OF THE FAA ACT?
Industry members are prohibited from requiring, by agreement or otherwise, that a retailer purchase
alcoholic beverage products from such industry member to the exclusion of other products sold in interstate
or foreign commerce. As used here, industry members include manufacturers, importers and wholesalers of
alcoholic beverages. This provision includes purchases coerced by industry members through acts or threats
of harm as well as voluntary purchase agreements.

84

FEDERAL ALCOHOL ADMINISTRATION ACT
WHAT TYPES OF ACTIVITIES ARE ENFORCED BY THE FEDERAL ALCOHOL ADMINISTRATION ACT
(FAA ACT)?
The FAA Act enforces basic permit, trade practice, labeling and advertising requirements of the alcoholic
beverage industry. Although retail dealers should be aware of all the trade practice provisions in their
dealings with wholesalers, only the consignment sale provisions specifically impose restrictions on their
business practices.
BRIEFLY, WHAT TOPICS ARE INCLUDED IN THE TRADE PRACTICE PROVISIONS OF THE FAA
ACT?
The four types of trade practice activities enforced by the FAA Act include tied houses, exclusive outlets,
commercial bribery and consignment sales.
LIQUOR BOTTLES
ARE THERE ANY FEDERAL REQUIREMENTS REGARDING EMPTY LIQUOR BOTTLES?
Liquor bottles may not be refilled. Refilling a liquor bottle or adding any substance (including water) to a
liquor bottle is subject to a fine of not more than $1,000 or imprisonment for not more than one (1) year, or
both. With certain exceptions, it is prohibited for anyone other than the retailer who emptied the contents of
a liquor bottle to possess used liquor bottles. These exceptions include:
Χ
Χ
Χ
Χ

the assembly of used liquor bottles for delivery back to a bottler or importer;
the assembly of used liquor bottles for destruction;
the disposition or sale of unusual or distinctive bottles as collector’s items or for other purposes not
involving the packaging of any product for sale or
the assembly of used bottles for recycling the glass.

RETAIL DEALER
WHO IS CONSIDERED A “RETAIL DEALER” UNDER FEDERAL LAW?
Every person who sells, or offers for sale, distilled spirits, wine or beer to any person other than a dealer is
considered a retail dealer.
WHAT FEDERAL REQUIREMENTS ARE IMPOSED ON RETAIL DEALERS?
Retailers must obtain a special tax stamp. Also, they are required to maintain records of receipt of all
liquor, wine and beer showing the quantities received, from whom received and the date received. Retailers
that sell liquor, wine or beer in quantities of 20 gallons or more to one person at one time are required to
prepare and keep a record of such sale, showing the date, name and address of the purchaser, kind and
quantity of products sold and the serial number of all full cases of liquor involved. The Federal Alcohol
85

Administration Act prohibits retailers from entering into consignment sale agreements with industry
members.
SPECIAL OCCUPATIONAL TAX STAMP
WHAT IS A “SPECIAL TAX STAMP?”
NOTE: AS OF OCTOBER 1, 2005, CONGRESS HAS SUSPENDED THE REQUIREMENT FOR A
LICENSEE TO OBTAIN A SPECIAL OCCUPATIONAL TAX STAMP.
A “special tax stamp” is the receipt for payment of the special occupational tax. It is not a federal license
and does not offer any privileges to the retailer.
ARE RETAILERS LIABLE FOR THE SPECIAL TAX?
Yes. Every retail dealer must pay the special tax before commencing business and before July 1 of each
year thereafter, at the following rates depending on the products sold:
•
•

Distilled spirits, wine & beer
Beer only.

HOW IS THE SPECIAL TAX PAID?
Every retailer is required to file a special tax return (TTB Form 5630.5) with payment to the federal Tax and
Trade Bureau, P.O. Box 371962, Pittsburgh, Pennsylvania, 15250-7962. Payment by check or money order
should be made payable to “Tax and Trade Bureau.” Form 5630.5 must be filed with payment before
commencing business and before July 1 each year thereafter.
WHAT IS REQUIRED FOR RETAIL LICENSEES WHO CHANGE THEIR LOCATION OR HAVE A
CHANGE IN CONTROL OR OWNERSHIP OF THEIR BUSINESS?
Changes in the location of a business must be registered with the TTB within 30 days of the change by
completing a new Form 5630.5 (marked “Amended Return”) and surrendering their special tax stamp or
endorsement. A special tax stamp may not be sold or transferred to a new owner of the business unless
there is only a change in control to any of the following persons:
Χ
Χ
Χ
Χ

the widow (or widower), child, executor or other legal representative of a deceased retailer;
the husband or wife succeeding to the business of his or her living spouse;
receiver or trustee in bankruptcy, or an assignee for benefit of creditors or
partners remaining after the death or withdrawal of a member of the partnership.

TIED-HOUSE (FEDERAL)
WHAT IS PROHIBITED UNDER THE TIED-HOUSE PROVISIONS OF THE FAA ACT?

86

An industry member (manufacturer, wholesaler or importer of alcoholic beverages) is prohibited from
inducing a retailer to purchase products from such industry member to the exclusion of other products sold
in interstate or foreign commerce. With certain exceptions, industry members are prohibited from the
following activities:
Χ
Χ
Χ
Χ
Χ
Χ
Χ

acquiring or holding interest in any retail license;
acquiring any interest in the property owned, occupied or used by a retailer;
furnishing, giving, renting, lending or selling to a retailer any equipment, fixtures, signs, supplies,
money, services or other thing of value;
paying or crediting a retailer for any advertising, display or distribution service;
guaranteeing any loan or repayment of any financial obligation of a retailer;
extending credit to a retailer in excess of the usual and customary credit period and
requiring a retailer to take and dispose of a certain quota of products.

WHOLESALE DEALER
WHO IS CONSIDERED A “WHOLESALE DEALER” UNDER FEDERAL LAW?
Every person who sells, or offers for sale, distilled spirits, wine or beer to another dealer is considered a
wholesale dealer. Wholesale dealers are required to pay the special tax, obtain a basic operating permit and
adhere to certain trade practice, operational and record-keeping requirements.

87

F
E
E

88

S
C
H
E
D
U
L
E

FEE SCHEDULE
PERMIT

FEE

AD INTERIM PERMIT

$ 75.00 plus $5.00 per day

ANNUAL PLENARY RETAIL CONSUMPTION
LICENSE RENEWAL FEE

$200.00

APPEAL

$100.00

CATERING PERMIT

$100.00 for each 24-hour period

CO-OP PURCHASING

$ 15.00 per member

EXTENSION OF PREMISES

$ 75.00 for each 24-hour period

IMPORT FOR PERSONAL CONSUMPTION

$ 50.00

MINOR=S EMPLOYMENT PERMIT

$ 15.00

REHABILITATION EMPLOYMENT PERMIT/
DISQUALIFICATION REMOVAL

$125.00

SOCIAL AFFAIR PERMIT

$100.00/$150.00 per day

STORAGE OF ALCOHOLIC BEVERAGES PERMIT

$25.00 plus $2.00 per day

TRANSFER FEE – PERSON-TO-PERSON

$200.00

TRANSFER FEE – PLACE-TO-PLACE

$200.00

TRANSFER FEE – COMBINATION OF
PERSON-TO-PERSON AND PLACE-TO-PLACE

$200.00

TRANSIT INSIGNIA PERMIT

$ 50.00 per vehicle

Most permit applications can be found on the Division of Alcoholic Beverage Control’s Website at:
www.nj.gov/lps/abc, or contact the Division at 609-984-2830, and an application will be sent to you.

89

ASSET FORFEITURE
Attorney General's Guidelines for Forfeiture

Issued October 1992

(1) Seizure of Residences

When a prosecuting agency seeks to forfeit real property in residential use, the least intrusive
means that will preserve the property for forfeiture shall be employed. A notice of lis pendens or
an order restraining alienation should suffice to preserve the government's interest in forfeiture
pending final judicial determination of the forfeiture action. This policy recognizes that
immediate dispossession from a residence may affect innocent individuals, that dispossession is
not always required to preserve the property for forfeiture, and that the home is afforded special
significance in American jurisprudence. In cases in which public health, safety or welfare is at
risk, full seizure may be accomplished upon obtaining judicial sanction.

(2) Court Approval Required for Forfeiture of Certain Property

In all cases in which real property or in which property having a value of $10,000 or more is the
subject of a forfeiture, such forfeiture action shall proceed by a complaint filed in Superior Court
as authorized by N.J.S.A. 2C:64-3. This policy will ensure that a public record is established for
property having significant value, when that property is subject to a forfeiture. Further, a Superior
Court Judge, as a neutral judicial officer, can adjudicate claims by parties asserting an interest in
the property and must sanction any final disposition of the forfeiture complaint.

(3) Forfeiture and The Underlying Criminal Offense

Forfeiture is a remedy that seeks to take unlawfully obtained proceeds of criminal activity and to
take instrumentalities used to aid in criminal activities. In the case of proceeds, the limit of the
forfeiture remedy is defined by the prosecuting agency's ability to prove the nexus between
instrumentalities, the degree to which the instrumentality is employed in any criminal transaction
or enterprise, the importance of the instrumentality to accomplishing the illegal end and the
nature and seriousness of the illegal activities should all be evaluated in determining whether the
forfeiture remedy should be employed to its full limit.

(4) Disposition of Forfeiture and Criminal Charges Not Dependent

It is legitimate to negotiate a forfeiture settlement when negotiating a criminal disposition.
However, a reasonable disposition of possible or pending criminal charges should not be
comprised to obtain a greater forfeiture of property.

ATTORNEY GENERAL DIRECTIVE, 2006-4
SUPERSEDING DIRECTIVE REGARDING ELECTRONIC RECORDATION OF­
STATIONHOUSE INTERROGATIONS

(October 10, 2006)
On October 14, 2005, the New Jersey Supreme Court adopted the
recommendations of its Special Committee on the Recordation of Custodial
Interrogations. The recommendations included a requirement that police
electronically record the entirety of all custodial interrogations occurring in a
place of detention for cases in which the adult or juvenile being interrogated is
charged with an offense requiring the use of a warrant pursuant to R. 3:3-lc.
The effective dates for that requirement are staggered so as to go into effect for
all covered homicide cases on January 1, 2006, and for all other offenses
specified inR. �:3-lc on January 1. ? 2007. The new Rule is co�ified at R. 3:17.
On January 17, 2006, the Attorney General issued Directive No. 2006-2,
which mandated the electronic recordation of all custodial interrogations
conducted in a place of detention for all first, second and third degree crimes,
for adult and juvenile suspects alike. That directive set up its own staggered
implementation schedule which differed in some ways from that established by
R. 3:17. Its implementation schedule was as follows: (1) the recording
requirement for homicides listed in R. 3:17 was to go into effect on January 1,
2006; (2) the recording requirement for all other first and second degree crimes
was to go into effect on October 1, 2006; and (3) the recording requirement for
all third degree crimes was to go into effect on January 1, 2007.
Upon review and consideration of these two sets of requirements, the
Attorney General and the County Prosecutors' Association have determined
that having differing time frarn.es in the Court Rule and the Attorney General
Directive may be difficult to implement and may cause confusion in the law
enforcement community. Accordingly, the Attorney General, the Director of the
Division of Criminal Justice, and the County Prosecutors have jointly
determined that the two sets of requirements must be harmonized to the
greatest extent possible.
Therefore, it is hereby adopted that the effective date regarding the
recording requirement for all homicides listed in R. 3: 17 shall remain as it
is, at January 1, 2006, particularly as that date is mandated by R. 3:17.
However, for all other first and second degree crimes, the recording
requirement is hereby amended so as to now go into effect on January 1,
2007. The recording requirement for all third degree crimes shall remain
as it is, at January 1, 2007.

All existing policy statements and Directives that are in any way
inconsistent with the foregoing provisions are hereby superseded and
rescinded.

S')

...............

Stuart Rabner, Attorney General
ATTEST:

irst Assistant Attorney General

Dated: October 10, 2006

THIS SECTION PREPARED BY THE
DIUSION OF CHMINAL JUSTICE

This section has not been reviewed or endorsed by the Judiciary.

OF CNMINAL JUSTICE; not reviewed or

A. INTRODUCTION
DOMESTIC VIOLENCE STANDARDS

Domestic violence, a serious crime against society, must be affirmatively addressed by both law
enforcement and the courts so that the victims and society are protected.
Prescribed procedures are necessary so that both law enforcement officers and the courts can
promptly and effectively respond to domestic violence cases.
Because of the diversity of police resources in this State, county prosecutors, who are the chief law
enforcement officers of their counties, should be responsible for procedures used in all the law
enforcement agencies of their counties.
To promote uniformity in police response statewide, the county responseprocedure should conform
to the format of the attached Standard.
The General Guidelines on Police Response in Domestic Violence Cases, promulgated by the
Attorney General on April 12,1988 have been expanded and revised. The revised Guidelines have
been incorporated into this Standard.
The response procedures to be developed by county prosecutors for law enforcement officers should
then be included in this Domestic Violence Procedures Manual. The Manual was jointly developed
by the Administrative Office of the Courts and a committee of law enforcement officials convened
by the Attorney General.
The Manual is intended to secure appropriate responses to domestic violence in this State. The
unique unified approach will assure prompt assistance to the victims of domestic violence and
demonstrateNew Jersey’s resolve that violent behavior will not be tolerated in public or in private.
Any questions regarding law enforcement procedures should be directed to the Division of Criminal
Justice, Prosecutors Supervision and Coordination Bureau, Justice Complex, Trenton.

-

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THIS SECTION PREPARED BY THE DIVISION
OF CRIMINAL JUSTICE; not reviewed or
endorsed by the Judiciaty.

PERFORMANCE STANDARDS

GOAL: The goal of this standard is to establish procedures for the proper and consistenthandling
of domestic violence incidents. The procedures will be established by the county prosecutor or by
municipal law enforcement agencies as needed. Exceptions will be made for municipal law
enforcement agencies as approved by the county prosecutor.
3.

DOMESTIC VIOLENCE
3.1

Domestic violence policy and procedures. The agency shall adopt specific
procedures for the handling of domestic violence and codify these procedures
through policy.
3.1.1

The agency shall develop and implement written policy governing the
handling o f domestic violence incidents.

3.1.2

The agency shall develop and implement specific procedures for:
A. Response to domestic violence incidents;

B. Receipt and processing of domestic violence complaints and restraining
orders;

C. Domestic violence arrests;
D. Weapons relating to domestic violence complaints and restraining orders;
E. Reporting of domestic violence incidents;

F. Training of officers in response to domestic violence incidents.
3.1.3 The agency shall clearly define and explain all relevant terms used in its
domestic violence policy, including but not limited to:
A. Domestic violence;

B. Victim of domestic violence.
3.1.4 The agency shall insure that its domestic violence policy and procedures are
in compliance with United States Constitution, New Jersey Constitution and
statutes, court decisions, and Attorney General and county prosecutor
directives and guidelines.

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THIS SECTION PREPARED BY THE DIVISION
OF CRIMINAL JUSTICE; not reviewed or
endorsed by the Judiciary.

3.2

Response to domestic violence incidents. The agency shall have clear policy and
procedures on the response to domestic violence incidents realizing the importance
and potential for additional violence of such incidents.
3.2.1

The agency shall insure that all allegations of domestic violence are
responded to promptly and investigated thoroughly.

3.2.2

The agency shall insure that the safety of the victim and all individuals at the
scene of domestic violence, including the officers, is of primary concern.

3.2.3

The agency shall insure that victims are notified of their domestic violence
rights as required by statute.

3.2.4 The agency shall insure that all officers who respond to domestic violence
incidents shall have available current and accurate information for refmals to
appropriate social service agencies.
3.2.5

3.3

The agency shall establish or participate in an established domestic violence
crisis team.

Receipt and processing of domestic violence complaints. When domestic violence
incidents generate criminal or civil domestic violence complaints, or both, the
processing of those complaints shall be explicitly defined.
3.3.1

The agency shall specify the procedure to be followed in filing of criminal
charges stemming from domestic violence incidents.

3.3.2

The agency shall specify the procedure to be followed in accepting and
processing domestic violence complaints at times when the Superior Court,
Family Division, is open.

3.3.3 The agency shall specify the procedure to be followed in accepting and
processing domestic violence complaints at times when the Superior Court,
Family Division, is closed but the Municipal Court is open.
3.3.4

3.4

The agency shall specifL the procedure to be followed in accepting and
processing domestic violence complaints at times when the Superior Court,
Family Division and the Municipal Court are closed.

Domestic violence arrests. The agency shall delineate, in accordance with United
States Constitution, New Jersey Constitution and statutes, court decisions, and
Attorney General and county prosecutor directives and guidelines, those domestic
violence incidents in which the arrest of the actor is mandatory.

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THIS SECTION PREPARED BY THE DIVISION
OF CRIMINAL JUSTICE; not reviewed or
endorsed by the Judiciary.

3.4.1 The agency shall specify those domestic violence incidents which require
mandatory arrests:
A. Act involving signs of injury;
B. Violation of a restraining order;

C. A warrant is in effect;
D. There is probable cause to believe a weapon was involved in the act of
domestic violence.
3.4.2

The agency shall speciflthose domestic violence incidents in which arrest is
discretionary.

3.4.3 The agency shall clearly delineate the procedure to be followed in cases
involving violation of an existing restraining order.
3.4.4 The agency shall specifLthe procedure to be followed in processing an arrest
for domestic violence, including:
A. Signing of complaint;
B. Fingerprinting;

C. Photographing;
D. Bail.
3.4.5

3.5

The agency shall specify the procedure to be followed when a charge of
domestic violence is filed against a law enforcement officer.

Weapons relating to domestic violence incidents. The agency shall identi@ the
procedures to be followed by officers when weapons are involved in domestic
violence incidents, in accordance with United States Constitution, New Jersey
Constitution and statutes, court decisions, and Attorney General and county
prosecutor directives and guidelines, and accepted police practice.
3.5.1 The agency shall specify the procedures to be followed by investigating
officers when:
A. Weapon(s) are used or threatened to be used in the domestic violence
incident;
B. Weapon(s) are not used in the domestic violence incident but are in plain
view to the officer;

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THIS SECTION PREPARED BY THE DMSION
OF CRIMINAL JUSTICE; not reviewed or
endorsed by the Judiciary.

C . Weapon(s) are not used in the domestic violence incident, are not in plain
view to the officer, but the officer has reason to believe that weapon(s)
are present in the household.
3.6

Reporting of domestic violence incidents. The agency shall hlly document all
complaints of and responses to domestic violence incidents.

3.6.1 The agency shall insure that all domestic violence incidents are fullyrecorded
and documented within the departmental reporting system.
3.6.2 The agency shall insure that all domestic violence incidents are reported in
accordance with state statute. This includes, but is not limited to, completion
and submission of the UCR DV#1 form or its electronic data equivalent.
3.7

Training. The agency shall train its officers in the handling of domestic violence
incidents as a matter of policy and procedure, and also from the standpoint of proper
police protocol.
3.7.1 The agency shall provide for the training of all officers in the appropriate
handling, investigation and response procedures concerning reports of
domestic violence.

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THIS SECTION PREPARED BY THE DIMSION
OF CRLMINAL JUSTICE; not reviewed or
endorsed by the Judiciary.

B. GUIDELINES ON POLICE RESPONSE PROCEDURES IN DOMESTIC
VTOLENCE CASES
Introduction. These general guidelines consolidate the police response procedures for domestic
violence cases, including abuse and neglect of the elderly and disabled, based on
State law, Court Rules, and prior editions of the Domestic Violence Procedures
Manual which was jointly prepared by the New Jersey Supreme Court and the
Attorney General through the Division of Criminal Justice.
3.8

Mandatory Arrest
3.8.1 A police oEcer must arrest and take into custodya domestic violence suspect
and must sign the criminal complaint against that person if there exists
probable cause to believe an act of domestic violence has occurred and
3.8.2

The victim exhibits signs of injury caused by an act of domestic violence.
N.J.S.A. 2C:25-21a( 1).
A. The word, “exhibits,” is to be liberally construed to mean any indication
that a victim has suffered bodily injury, which shall include physical pain
or impairment of physical condition. Probable cause to arrest also may
be established when the police officer observes manifestations of an
internal injury suffered by the victim. N.J.S.A. 2C:25-21c(l)

B. Where the victim exhibits no visible sign of injury, but states that an
injury has occurred, the officer should consider other relevant factors in
determining whether there is probable cause to make an arrest. N.J.S.A.
2c25-21C( 1)
C. In determining which party in a domestic violence incident is the victim
where both parties exhibit signs of injury, the officer should consider:
1. the comparative extent of injuries suffered;

2. the history of domestic violence between the parties, if any;
3. the presence of wounds associated with defense, or considered
defensive wounds; or
4. other relevant factors, including checking the DV Central
Registry. N.J.S.A. 2C:25-21~(2).
5. NOTE: The investigating officer must insure that “[nlo victim
shall be denied relief or arrested or charged under this act with an
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THIS SECTION PREPARED BY THE DIVISION
OF CRIMINAL JUSTICE; not reviewed or
endorsed by the Judiciary.

offense because the victim used reasonable force in self-defense
against domestic violence by an attacker.”N.J.S.A. 2C:25-21~(3).
D. If the officer arrests both parties, when each exhibit signs of injury, the
officer should explain in the incident report the basis for the officer’s
action and the probable cause to substantiate the charges against each
Party-

E. Police shall follow standard procedures in rendering or summoning
emergency treatment for the victim, if required.
3.8.3 There is probable cause to believe that the terms of a TRO have been
violated. If the victim does not have a copy of the restraining order, the
officer may verify the existence of an order with the appropriate law
enforcement agency. The officer should check the DVCR. N.J.S.A. 2C:252 1(ax31
3.8.4 A warrant is in effect. N.J.S.A. 2C:25-21a(2)
3.8.5 There is probable cause to believe that a weapon as defined in N.J.S.A.
2C:39-lr has been involved in the commission of an act of domestic violence.
N.J.S.A. 25-21a(4)
3.9.

DISCRETIONARY ARREST.

3.9.1 A police officer may arrest a person or may sign a criminal complaint against
that person, or may do both, where there is probable cause to believe that an
act of domestic violence has been committed but none of the conditions in
Section. 3.8 above applies. N.J.S.A. 2C:25-21b

In any situation when domestic violence may be an issue, but there’s no
probable cause for arrest and the victim does not wish to file a TRO, the
police officers must give and explain to the victim the domestic violence
notice of rights as contained in the Victim Notification Form. N.J.S.A.
2C:25-23
3.10

SEIZURE OF WEAPONS.

3.10.1 Seizure of a Weapon for Safekeeping.
A police officer who has probable cause to believe that an act of domestic

violence has been committed shall pursuant to N.J.S.A. 2C:25-21d(l):

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THIS SECTION PREPARED BY THE DIVISION
OF CRIMINAL JUSTICE; not reviewed or
endorsed by the Judiciary.
L

A. Question all persons present to determine whether there are weapons, as
defined in N.J.S.A. 2C:39-lr, on the premises. N.J.S.A. 25:21d(l)(a)
B. 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
shall attempt to gain possession of the weapon. If a law enforcement
officer seizes any firearm, the officer shall also seize any firearm
purchaser identification card or permit to purchase a handgun issued to
the person accused of the act of domestic violence. N.J.S.A. 2C:2521d(l)(b)

C. If the weapon is in plain view, the officer should seize the weapon.
D. If the weapon is not in plain view but is located within the premises
possessed by the domestic violence victim or 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.

E. If the weapon is not located within the premises possessed by the
domestic violence victim or jointly possessed by the domestic violence
victim and domestic violence 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.
F. If the domestic violence assailant or the possessor of the weapon refuses to
surrenderthe 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. [See Appendix 191

3.10.2 Seizure of a Weapon Pursuant to Cowt Order. N.J.S.A. 2C:25-26 and
N.J.S.A. 2C:25-28j.

A. If a domestic violence Victim obtains a TRO or FRO directing that the
domestic violence assailant surrender a named weapon, the officer should
demand that the person surrender the named weapon.
B. If the domestic violence assailant or the possessor of the weapon refuses
to surrender the weapon, the officer should:
1. inform the person that the court order authorizes a search and
. seizure of the premises for the named weapon, and

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THIS SECTION PREPARED BY THE DIVISION
OF CRIMINAL JUSTICE; not reviewed or
endorsed by the Judiciary.

2. arrest the person, if the person refuses to surrender the named
weapon, for failing to comply with the court order, N.J.S.A.
2C329-9, and
3. conduct a search of the named premises for the named weapon.
3.10.3. The officer must append an inventory of seized weapons to the domestic
violence offense report. N.J.S.A. 2C:25-21d(2)
3.10.4 Weapons seized by a police officer, along with any seized firearms
identification card or permit to purchase a handgun, 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. N.J.S.A. 2C:25-2 ld(2)
3.11

DOMESTIC VIOLENCE COMPLAINT PROCESS.
DEFINITIONS USED IN THIS SECTION

A. Domestic Violence Civil Complaint means the multi page application
and temporary restraining order issued by the Superior or Municipal
Court. See Section 1.6. Referred to as TRO/Complaint.
B. Criminal Complaint refers to the criminal charges placed on a CDR-1
(summons) or CDR-2 (warrant). See Section 1.2.
3.1 1.1 Notice. When a police officer responds to a call of a domestic violence
incident, the officer must give and explain to the victim the domestic violence
notice of rights which advises the victim of available court action, N.J.S.A.
2C:25-23. The victim may file:
A. A ComplaintRRO alleging the defendant committed an act of domestic
violence and asking for court assistance to prevent its recurrence by
asking for a temporary restraining court order (TRO) or other relief;
B. A criminal complaint alleging the defendant committed a criminal act.
See Section, 3.8 Mandatory Arrest above as to when apolice officer must
sign the criminal complaint (CDR-1 (summons) or CDR-2 (warrant).); or
C. Both of the above.
3.1 1.2 Jurisdiction for filing domestic violence Complaint/TRO by the victim.
N.J.S.A. 2cZ25-28 A. During regular court hours,
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THIS SECTION PREPARED BY THE DIVISION
OF CRIMINAL JUSTICE; not reviewed or
endorsed by the Judiciary.

1. The victim should be transported or directed to the Family Part
of Superior Court. See Section 4.2.
2. Where transportation of the victim to the Superior Court is not
feasible, the officer should contact the designated court by
telephone for an emergent temporary restraining order in
accordance with established procedure.

B. On weekends, holidays and other times when the court is closed,
1. The victim may file the domestic violence complaint with the
police and request a TRO fiom a Municipal Court Judge
specifically assigned to accept these complaints. N.J.S.A. 2C:2528a.

C. The victim may file a domestic violence complaint .N.J.S.A. 2C:25-28a:
1. where the alleged act of domestic violence occurred,
2. where the defendant resides, or

3. where the victim resides or is sheltered.
3.1 1.3. Jurisdiction for filing criminal complaint (CDR-1 or CDR-2) by the victim in
connection with filing domestic violence complaint.
A. A criminal complaint may be filed against the defendant in locations
indicated in Paragraph 3.1 1.2 C above.

B. A criminal complaint filed pursuant to Paragraph 3.1 1.2 A above shall be
investigated and prosecuted in the jurisdiction where the offense is
alleged to have occurred.
3.11.4 Jurisdiction for filing a criminal complaint but no
accompanying domestic violence complaint.
A. The victim may file a criminal complaint as stated in section 3.1 1.2C
above.

B. If the criminal complaint is filed in ajurisdiction other than where the
offense occurred, the law enforcement agency shall take appropriate
photographs and statement of the victim and shall immediately contact
the law enforcement agency where the offense occurred and shall
immediately transmit by facsimileor by hand delivery those documents to
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THISSECTION PREPARED BY THE DIVISION
OF CRIMINAL JUSTICE; not reviewed or
endorsed by the Judiciaty.

the law enforcement agency where the offense occurred. That law
enforcement agency shall prepare the appropriate criminal complaint and
present the complaint to a judicial officer for appropriate action. Where a
victim has exhibited signs of physical injury, the agency receiving the
documentation shall anest the suspect in accordance with existing
domestic violence procedure.

C. If the police officer believes that a no-contact order should be issued, as a
condition of bail, the officer should inform the court of the circumstances
justifylng such request when the criminal complaint is being processed
and bail is about to be set. The oficer should include in the domestic
violence offense report the reasons for the request and the court’s
disposition of the request.

D. If the officer believes that weapons should be seized, the officer should
inform the court of the circumstances justifylng such request that as a
condition of bail, the defendant’s weapons must be surrendered to the
police for safe-keeping. All weapons seized must be safely secured or
turned over to the county prosecutor.
3.1 1.5 Victim Notification Form [see appendix 51
A When either a criminal or domestic violence complaint is signed, a
Victim Notification Form is to be completed by the person assisting the
victim, either the police officer or other appropriate staff.

B. The victim should be informed that, for the victim’s protection, the
prosecutor or the court must have the ability to contact the victim on
short notice to inform the victim about the defendant’s
1. impending release from custody, or
2. application to reduce bail.

C. The victim should be provided with the telephone number of the
1. Victim Witness Unit of the Prosecutor’s Office when a criminal
complaint or domestic violence contempt complaint is signed, or
2. Family Division Domestic Violence Unit when a domestic
violence complaint is signed.
D. The victim should be instructed to contact the appropriate office to
provide new telephone numbers if the victim changes telephone numbers
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THIS SECTION PREPARED BY THE
OF CRIMINAL JUSTICE; not reviewed or
endorsed by the Judiciary.

fkom the numbers listed on the Victim Notification Form.

E. Whenever a defendant charged with a crime or an offense involving
domestic violence is released fi-om custody the prosecuting agency shall
notify the victim immediately.
3.12. PROCEDURE FOR FILING REPORTS.
3.12.1 A copy of the domestic violence offense report and Victim Notification Form
must be attached to all criminal complaints and to the TRO when these
documents are forwarded to the appropriate court. N.J.S.A. 2C:25-24a

3.13

TEMPORARY RESTRAINING COURT ORDERS.
3.13.1. When a victim requests a court order, the officer shall contact the designated
judge by telephone, radio or other means of electronic communication. The
officer should:

A. Assist the victim in preparing the complaint and a statement to be made
to the judge.
B. Explain that the judge will place the person under oath and will ask
questions about the incident.
C. If the judge issues a temporary restraining order, the police officer will be
instructed to enter the judge’s authorization on a prescribed form.

D The officer also will be instructed to print the judge’s name on the
temporary restraining order.
E. The officer also will be instructed to serve the TRO upon the alleged
offender.

3.14

SERVICE OF TEMPORARY RESTRAINING ORDER
3.14.1 When the victim obtains a restraining order but the defendant had not been
arrested by police and is present at the scene, the officer should:
A. Escort the victim to his or her home.
B. Read the conditions of the court order to the defendant if the defendant is
present.

C. Order the defendant to vacate the premises, where that is part of the
Order.
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THIS SECTION PREPARED BY THE DIMSION
OF CRIMINALJUSTICE; not reviewed or
endorsed by ihe Judiciary.

D. Give the defendant a reasonable period of time to gather personal
belongings, unless the court order includes specific limits on time or
duration. N.J.S.A. 2C:25-28k. The officer shall remain with the
defendant as he or she gathers personal belongings pursuant to the terms
of the temporary restraining order

E. Arrest the defendant if required by the TRO or if defendant refuses to
comply with’the order.
3.14.2 Where a TRO 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 3.14.1 A-E.
3.14.3 When a temporary or final restraining order is issued that
requires service outside the issuing county,
A. The restraining order, along with the complaint and any other relevant
documents (e.g. search warrant, etc.) must immediately be brought or
transmitted by facsimile to the sheriffs department in the issuing county.

1. The sheriffs department in the issuing county must similarly
bring or transmit by facsimile the order and related documents to
the sheriffs department in the county of the defendant’s
residence or business.
2. The sheriffs department in the receiving county, pursuant to
local policy, will either
a. execute service on the defendant or
b. will immediatelybring or transmit by facsimile 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.

3. The return of service should then be transmitted by facsimile
back to the sheriffs department in the issuing county, which in
turn must immediately deliver or transmitted by facsimile the
return of service to the Family Division in the issuing county.
B. When the service of a restraining order results in the seizure of weapons;
1. - The weapons inventory should be attached to the return of service
that is brought or transmitted by facsimileback to the issuing county.
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THIS SECTION PREPARED BY THE DIVISION
OF CRIMINAL JUSTICE; not reviewed or
endorsed by the Judiciaty.

2. 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.
C. Once service on the defendant is attempted, successfully or
unsuccessfully, the return of service portion of the TRO must be filled
out by the police or sheriffs department and immediately returned to the
Family Division prior to the scheduled final hearing date.
3.15

COURT ORDER VIOLATIONS.
3.15.1. 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

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

B. Sign a criminal contempt charge concerning the incident on a complaintwarrant (CDR-2).
C. The officer should sign a criminal complaint for all related criminal
offenses. (The criminal charges should be listed on the same criminal
complaint (CDR-2) form that contain the contempt charge.)

D. Telephone, communicate in person or by facsimile with the appropriate
judge or bail unit and request bail be set on the contempt charge.
N.J.S.A. 2Cz25-31b.
1. During regular court hours, bail should be set by the emergent
duty Superior Court judge that day. N.J.S.A. 2C:25-31d.
2. 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.
3. When bail is set by a judge when the courts are closed, the officer
shall mange 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. N.J.S.A.
2C125-25-31d.
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THIS SECTION PREPARED BY THE DIVISION
OF CRIMINAL JUSTICE; not reviewed or
endorsed by the Judiciary.

4. If a Municipal Court judge sets the bail, the arresting officer shall
notify the clerk of that Municipal Court of this information.
N.J.S.A. 2C125-31d.

5. The DVCR must be checked prior to bail being set. N.J.S.A.
2C:25-3 1a.

E. If the defendant is unable to post bail, take appropriate steps to have the
defendant incarcerated at police headquarters or the countyjail. N.J.S.A.
2C:25-31~.
3.15.2 Where the officer deems there is no probable cause to arrest or sign a
criminal complaint against the defendant for a violation of a TRO, the officer
must advise the victim of the procedure for completing and signing a

A. Criminal complaint alleging a violation of the court order. N.J.S.A.
2C125-32
1. 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. N.J.S.A. 2C:25-32
2. On weekends, holidays and other hours when the court is closed.
a. the officer should transport or arrange for transportation
to have the victim taken to headquarters to sign the
complaint;
b. the alleged offender shall be charged with contempt of a
domestic violence restraining court order, N.J.S.A. 2C:29-9;
c. the officer in charge shall check the DVCR prior to
contacting the on duty Superior Court Judge for a
probable cause determination for the issuance of the
criminal complaint. If the judge finds sufficient probable
cause for the charges, the officer must prepare a
complaint-warrant (CDR-2).

d. the officer in charge shall follow standard police
procedure in arranging to have a court set bail.
e. the officer who had determined that there was no
probable cause to arrest or sign a criminal complaint

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THIS SECTION PREPARED BY THE DInSION
OF CRIMINAL JUSTICE; not reviewed or
endorsed by the Judicimy.

against the defendant for a violation of a TRO must
articulate in the officer’s incident report the reasons for
the officer’s conclusions.

B. 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
Domestic Violence Unit to pursue enforcement of litigant’s rights.
3.16

CRIMINAL OFFENSES AGAINST THE ELDERLY AND DISABLED.
3.16.1 Where an elderly or disabled person is subjected to a criminal offense listed
as an act of domestic violence, police shall follow the appropriateprocedure
listed above.
3.16.2 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.
3.16.3 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 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

3.17

C. the person unreasonably neglects or fails to permit to be done any act
necessary for the physical or mental health of the elderly or disabled
person.
Guidelines on Prosecutorial Procedure Regarding Weapons Seized in Domestic
Violence Cases

Introduction. These general guidelines outline the procedure a County Prosecutor should
establish regarding the disposition of weapons seized in domestic violence cases.
3.17.1. Seizure of Weapons Used in Commission of a Criminal Offense.

Any weapon used in the commission of a criminal offense or is contraband
or evidence of criminal activity shall be seized by police and processed in
accordance with established procedures for the handling of such evidence.

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THIS SECTION PREPARED BY THE DIVISION
OF CRIMINAL JUSTICE; not reviewed or
endorsed by the Judiciary.

3.17.2. Seizure of Weapons for Safekeeping Purposes.
Any weapon seized by police in a domestic violence incident pursuant to
N.J.S.A. 2C:25-21d cannot be returned to the owner by the police.

A. The police must promptly deliver to the County Prosecutor’s Office:
1. the weapon involved in a domestic violence incident; along with
any seized firearms identification card or permit to purchase a
handgun;
2. the domestic violence offense report which includes an inventory
of all weapons seized, and

3. where applicable, a copy of the TRO or FRO, the criminal
complaint, the Victim Notification Form and the police incident
report.
4. where seizure of weapons is pursuant to a TRO or FRO, the
weapon inventory should also be forwarded to the Family
Division Domestic Violence Unit.

B. When a weapon was seized at the scene pursuant to N.J.S.A. 2C:25-21d,
1. the County Prosecutor shall determine within 45 days of the
seizure:
a. whether the weapon should be returned to the owner of
the weapon, or
b. whether to institute legal action against the owner of the

weapon.
2. If the County Prosecutor determines not to institute action to
seize the weapon and does not institute an action within 45 days
of seizure, the seized weapon shall be retumed to the owner.
N.J.S.A. 2C 125-2 1d(3).
3. If the County Prosecutor determines to institute action to seize
the weapon, the Prosecutor shall, with notice to the owner of the
weapon,

a. file a petition with the Family Part of the Superior Court,
Chancery Division, to obtain title to the weapon, or
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THIS SECTION PREPARED BY THE DIVISION
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endorsed by the Judiciary.
1

b. seek revocation of any firearmsidentification card, permit
to purchase a handgun, or any other permit, license and
other authorization for the use, possession, or ownership
of such weapons. (SeeNJ3.A. 2C:58-3f, 2C:58-4f andor
2C:5 8-5 governing such use, possession, or ownership),
or
c. object to the return of the weapon on such grounds:
(1) as are provided for the initial rejection or later
revocation of the authorizations pursuant to
N.J.S.A. 2C:58-3c; or
(2) that the owner is unfit or that the owner poses a
threat to the public in general or a person or
persons in particular; or

(3) seek a court order that defendant must dispose of
the weapons by sale or transfer to a person legally
entitled to take possession of the weapons.

C. Any weapon seized by police:
1. pursuant to a temporary or final domestic violence restraining
order, or

2. pursuant to a Domestic Violence Warrant for the Search &
Seizure of Weapons, or
3. as a condition of bail for a criminal offense involving domestic
violence,
should be returned to the owner by the appropriate court specifically
authorizing the return of the weapon if the order or criminal complaint is in
effect. If the order or complaint is withdrawn or dismissed prior to a hearing,
the provisions in Paragraph, 3.17.2B2 supra, should be followed.
3.17.3 Seizure of Weapons Outside the County Where the Domestic Violence
Restraining Order Was Issued.

When the service of a domestic violence restraining order results in the seizure of
weapons,

ID-18

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THIS SECTION PREPARED BY THE DIMSION
OF CRIMINAL JUSTICE; not reviewed or
endorsed by the Judiciary.

A. the weapons inventory should be attached to the retum of service that is
brought or transmitted by facsimile back to the issuing county.

B. the weapons themselves, along with any firearms identification card,
purchasers permit, licenses, 2dentification cards, or other paperwork or
documentation shall be secured by the County Prosecutor in the seizing
county for storage. At such time that the seized property is needed by the
County Prosecutor or Family Division in the issuing county, the
Prosecutor in the seizing county shall make arrangements for the delivery
of same.
3.17.4 Seizure of Weapons from Law Enforcement Officers Involved in a
Domestic Violence Incident. See Attorney General Directives 20003 and 2000-4 (Appendix 17)

-

When a law enforcement officer, who is authorized to cany weapons pursuant to
N.J.S.A.2C:39-6, is involved in an act of domestic violence, the seizure ofweapons
shall be governed by the Attorney Generals Directives 2000-3 and 2000-4. (See
Appendix 17.)1
A. If a law enforcement officer is required by departmental regulations to
personally purchase his or her official duty firearm, that firearm shall be
considered the same as if it had been departmentally issued for purposes
of applying the provisions of the Attorney General Directives 2000-3 and
2000-4 and the provisions of the federal gun control law, 18 U.S.C.A.
922(g)-

C. When a personal firearm is seized fiom a member of a state law
enforcement officer, which includes members of the State Police, the
State Department of Corrections, the Division of Criminal Justice,
Rutgers University Campus Police, state college and university police,
N.J. Transit Police, Division of Parole, Juvenile Justice Commission,
Human Services Police, any officer of Fish, Game and Wildlife
~~

~

1 The Directives are similar in content: Directive 2000-3 Revision to August 14, 1995, Directive
Implementing Procedures for the Seizure of Weapons$-omMunicipal and County Law
Enforcement Oflcers is applicable to municipal and county law enforcement and requires the
county prosecutor to investigate whether a police officer, having his firearms seized pursuant to
the Prevention of Domestic Violence Act of 1990, should and under what conditions, would
have his firearms, agency owned and personal, returned to him. Directive 2000-4, Revision to
August 14, I995,Directive Implementing Proceduresfor the Seizure of Weapons$-om All State
Law Enforcement Oficers Involved in Domestic Violence Incidents places the responsibility of
determining the conditions upon which a state law enforcement officer would have his right to
carry a firearm restored with the Division of Criminal Justice.

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THIS SECTION PREPARED BY THE DIVISION
OF CRIMINAL JUSTICE; not reviewed or
endorsed by the Judiciary.

authorized to carry a firearm, State Commission of Investigation, and
Division of Taxation;
1. the county Prosecutor’s Office must inform the Division of
Criminal Justice whether it will or will not institute forfeiture
proceedings pursuant to N.J.S.A. 2C:25-21d for the seizure ofthe
member’s approved off-duty firearms and otherpersonally owned
firearms,
2. the Division of Criminal Justice will determine whether that
officer shall be authorized to carry that firearm or any firearm
either on duty or off duty and whether conditions should be
imposed for such authorization pursuant to the Attorney General
Directive 2000-4 at IVD.
3. the Division of Criminal Justice will inform the County
Prosecutor’s Office of its decision whether that officer would be
authorized to carry a firearm either on duty or off duty and
whether conditions had been imposed for canying a firearm.

3.17.5 Restrictions on Return of Firearms.

A. If a final domestic violence restraining order is issued pursuant to the provisions
of both New Jersey and federal gun control laws, N.J.S.A. 2C:39-%(3) & 18
U.S.C.A. 922(g), the named defendant shall not be permitted to possess,
purchase, own, or control any firearm for the duration of the order or for two
years, whichever is greater. N.J.S.A. 2C:25-29b
B. If a law enforcement officer is subject to a temporary or final restraining order
issued pursuant to the provisions of both New Jersey and federal gun control
laws, N.J.S.A. 2C:39-7b(3) & 18 US.C.A. 922(g)and sec 925, the County
Prosecutor may permit a municipal or county police officer to be armed while
actually on duty provided that the restraining order specifically permits the
possession of a firearm on duty, and the firearm is issued to the officer upon
reporting for a scheduled tour of duty and surrendered upon completion of the
tour of duty. In the event a state law enforcement officer is subject to a final
restraining order, the Attorney General, by the Division of Criminal Justice, may
permit a subject officer to be armed while on duty provided said restraining order
specifically permits, and the firearm is issued to the officer upon reporting for a
scheduled tour of duty and surrendered upon completion of the tour of duty.
C . A law enforcement officer who has been convicted of a misdemeanor domestic
violence offense anywhere in the nation is prohibited from possessing a firearm
pursuant to 18 US.C. 922(g)(8). This federal law applies to offenses that have as
an element (1) the use or attempted use of physical force, 9r (2) the threatened
use of a deadly weapon. Under New Jersey law, a disqualifying offense would
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THIS SECTION PREPARED BY THE DIVTSION
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endorsed by the Judiciary.

be:
1. Harassment, N.J.S.A. 2C33-4b by striking, kicking, shoving
2. Simple assault, N.J.S.A. 2C:12-la(l) by attempting to or purposely
knowingly or recklessly causing bodily injury
3. Simple assault, N.J.S.A. 2C: 12-la(2) by negligently causing bodily
injury to another with a deadly weapon

D.

A law enforcement officer who has been convicted of stalking, or a crime or
disorderly persons offense involving domestic violence may not purchase,
own, possess or control a firearm, and may not be issued apermit to purchase
a handgun or firearms identification card. N.J.S.A. 2C:39-7 & 2C:58-3.

I11 - 21

Click here for Table of Contents

STATE OF NEW JERSEY

DOMESTIC VIOLENCE PROCEDURES MANUAL

Issued under the Authority of the
Supreme Court of New Jersey
and the Attorney General of the
State of New Jersey
July 2004
October 2008 Amended Edition

Domestic Violence Procedures Manual
ANNOUCEMENT OF AMENDED EDITION
October 9, 2008

This announces an amended edition of the Domestic Violence Procedures
Manual (“DVPM”). This amended edition replaces in its entirety the last revised
edition of the DVPM promulgated in 2004 under the joint authority of the Supreme
Court and the Attorney General. Prior hard copy editions of the DVPM are
outdated and should be discarded.
This also announces that beginning with this amended edition, the method of
publication will be exclusively Internet based. No hard copies of the DVPM will be
distributed. The new DVPM can be found on the Infonet and on the Judiciary’s
Internet Web site at http://www.njcourts.com/family/index.htm. Using the Internet as
a medium of publication represents a significant step forward in the way this
important information is made available to those who need it. Just four years ago,
the Judiciary published the DVPM in hard copy. It was necessary to print and
distribute more than 3,000 copies of the DVPM at that time. Relying on Internet
publication saves time and money, and ensures that users will always have access to
the most up-to-date version.
The current amendments to the DVPM relate almost exclusively to matters
within the Judiciary’s purview resulting from new legislation, changes to court rules,
new policy initiatives, and editorial corrections and clarifications 1 . The amendments
were reviewed and endorsed by the Conferences of Family Presiding Judges and
Family Division Managers.
Manual Sections (New or Amended)

1



Sections 4.1.6 and 4.1.8 – amended to add information on the electronic
Temporary Restraining Order (E-TRO) procedure by which domestic violence
complaints and temporary restraining orders may be filed electronically.
These amendments were made in accordance with statewide implementation
of the E-TRO Project as described in the Administrative Director’s July 5, 2007
memorandum to Assignment Judges and Trial Court Administrators.



Sections 4.3.10 to 4.3.13 (new) – Sets out the existing procedures for
determining paternity and child support prior to issuance of a Final Restraining
Order (FRO).

The Attorney General’s Office provided amended Appendices 5, 18 and 23. That is the extent of its
involvement in these DVPM amendments.

Domestic Violence Procedures Manual
Announcement of Amended Edition
October 9, 2008
Page 2 of 3



Section 4.5.7 – amended to add a new paragraph setting out a uniform
procedure for amending Temporary Restraining Orders.



Section 4.11 – amended to bring text into conformity with Rule 5:7A, regarding
transfers, as amended in 2005, and Directive #3-05 (Intercounty Child Support
Case Management Policy).



Section 4.14.9 – amended to add procedures from the Non-Dissolution
Operations Manual, section 1104, for processing a domestic violence case
when there is an existing non-dissolution case.



Section 4.15.1 – amended to provide information about the surcharge imposed
on domestic violence offenders pursuant to N.J.S.A. 2C:25-29.4.



Section 4.17.3 – amended to add information regarding the Uniform Summary
Support Order, R. 5:7-4 and Appendix XVI of the Rules of Court, which also
has been added as Appendix 31 to the DVPM.

Appendices (New or Amended)


Appendix 1, Confidential Victim Information Sheet – amended as directed by
the Supreme Court, as promulgated by the Administrative Director’s June 11,
2008 memorandum to Assignment Judges and Trial Court Administrators.



Appendix 2, Temporary Restraining Order and Instructions – amended to
reflect that the name of the Victims of Crimes Compensation Board has been
legislatively changed to the Victims of Crimes Compensation Agency.



Appendix 3, Domestic Violence Hearing Officer Standards – amended to
include the Backup Domestic Violence Hearing Officer Standards promulgated
by Directive #2-06 as a Supplement to Directive #16-01.



Appendix 6, Summary of Electronic TRO – see amendments to Sections 4.1.6
and 4.1.8 above. Amended to reflect the statewide expansion of the program
in July 2007.



Appendix 6A, Recording Complete Incident Description in FACTS – new
appendix to provide instructions for capturing full incident description text in
FACTS. Please note that this is a temporary solution pending modifications to
the Judiciary’s automated system.



Appendix 8, Appeal of Ex Parte Order – Application for Appeal and Order
pursuant to the New Jersey Prevention of Domestic Violence Act, N.J.S.A.
2C:25-28i – amended to allow for the signature and printed name of either
plaintiff or defendant on the Certification. The prior form only provided for
defendant’s signature. This change was recommended by the Conference of

Domestic Violence Procedures Manual
Announcement of Amended Edition
October 9, 2008
Page 3 of 3

Family Presiding Judges to accurately reflect the fact that both plaintiff and
defendant have the right to appeal the Temporary Restraining Order.


Appendix 9, Continuance Order – amended to delete the phrase,”The
Temporary Restraining Order is further amended as follows.” The
Continuance Order is not to be used for TRO amendments, which should be
made in accordance with the procedures described in amended Section 4.5.7
(above).



Appendix 10, Final Restraining Order – amended to show the correct court
Seal.



Appendix 14, Order of Dismissal – amended to clarify that if the Temporary or
Final Restraining Order is dismissed, any criminal charges filed by either
plaintiff or the police are not affected by the dismissal and shall remain
pending until addressed separately in the appropriate court.



Appendix 31, Uniform Summary Support Order, R. 5:7-4 and Appendix XVI of
the Rules of Court – New appendix.



Appendix 32, Address Confidentiality Statute, N.J.S.A. 47:4-2, et. seq. – New
appendix.

Any questions concerning these amendments to the DVPM or regarding the
DVPM generally may be directed to Harry T. Cassidy, Assistant Director, Family
Practice Division at 609-984-4228 or Harry.Cassidy@judiciary.state.nj.us.

SUPREME

DEBORAH T. PORITZ
CHIEF JUSTICE

COURT

OF

NEW

JERSEY

RI!=HARD J. HUGHES JUSTICE COMPLEX
POST OFFICE Box 023
TRENTON,

N.J.

08625-0023

This revised edition of the New Jersey Domestic Violence Procedures Manual provides
procedural guidance for law enforcement officials, judges and judiciary staff in implemeI)ting the
Prevention of Domestic Violence Act. It is designed to facilitate the prompt resolution of
domestic violence matters and provide effective relief to the victims of domestic violence. The
Manual is issued jointly by the Judiciary and the Department of Law and Public Safety to provide
.

a seamless system of case handling.
Since it was first issued in 1991, the Domestic Violence Procedures Manual has been
updated periodically to reflect amendments to the statute, changes to court rules, and new
practices designed to ensure the most efficient management and disposition of these important
matters. This edition supersedes the 1998 Manual in its entirety, as well as all previous editions.
The changes from the 1998 edition are summarized in the Introduction.
New Jersey has strong laws and protective processes for victims of domestic violence.
Users of this Manual will find that it will enable them to implement those laws effectively. Your
continued support of this program is very much appreciated.

Deborah T. Poritz
Chief Justice

July 2004

NOTICE

NOTICE

NOTICE

NOTICE

The New Jersey Domestic Violence Procedures Manual is intended to provide procedural
and operational guidance for two groups with responsibility for handling domestic violence
complaints in the state of New Jersey – judges and Judiciary staff and law enforcement personnel.
The bulk of the Manual (i.e., all except Section III and associated appendices) sets forth procedures
to guide Judiciary staff in the management of cases within their area of responsibility. Section III
and its associated appendices provide guidance to law enforcement personnel. The procedures for
law enforcement and the Judiciary are presented in a single volume in order to provide for both
groups a seamless description of the management of domestic violence cases from initiation to
conclusion.
The Judiciary portion of the Manual was prepared by the Conference of Family Presiding
Judges, working with the Conference of Family Division Managers and the Family Practice Division
of the Administrative Office of the Courts (AOC) with input from judges and staff of the Municipal
and Criminal Divisions as well as the Supreme Court State Domestic Violence Working Group. It is
intended to embody the policies and procedures adopted by the New Jersey Supreme Court, the
Judicial Council and the Administrative Director of the Courts, but does not itself establish case
management policy. It has been approved by the Judicial Council, on the recommendation of the
Conference of Family Presiding Judges, in order to promote uniform case management statewide.
As such, court staff is required to adhere to its provisions.
While the Judiciary portion of the Manual reflects court policies existing as of the date of its
preparation, in the event there is a conflict between the Manual and any statement of policy issued
by the Supreme Court, the Judicial Council or the Administrative Director of the Courts, that
statement of policy, rather than the Manual, will be controlling. Other than in that circumstance
however, the Judiciary portion of this Manual is binding on court staff. This Manual is not intended
to change any statute or court rule, and in the event a statute or court rule differs from this manual,
the statute or rule will control.
Section III, the Law Enforcement portion of the Manual, and its associated appendices were
prepared by the Department of Law and Public Safety, Division of Criminal Justice and are intended
to provide procedural and operational guidelines for the New Jersey law enforcement community.
This material is specifically intended for law enforcement use. While its inclusion in this Manual
provides useful information to judges and court staff as well, it is not binding on them. The law
enforcement section has not been reviewed or endorsed by the Judiciary.

i

DOMESTIC VIOLENCE PROCEDURES MANUAL
TABLE OF CONTENTS
Go directly to the item in the table by clicking on it.

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 (TRO)

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

ii

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 Division Processing

4.3

Taking a Complaint in Superior Court, Family Division

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

iii

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 Division

iv

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

v

SECTION I
DEFINITIONS

DEFINITIONS
1.1

“Child in common” – the child of the plaintiff and the defendant.

1.2

“Criminal Complaint” – formal process under the Code of Criminal Justice of New Jersey
(N.J.S.A. 2C) using a CDR-1 (summons) or CDR-2 (warrant); must comport with all rules
and procedures under the criminal code.

1.3

“Defendant” – A person at least 18 years old or emancipated who is alleged to have
committed or has been found to have committed an act(s) of domestic violence under the
Prevention of Domestic Violence Act (PDVA). See also sections 1.8 and 2.1.3C.

1.4

“Domestic Violence” – the occurrence of one or more of the following criminal offenses
upon a person protected under the Prevention of Domestic Violence Act of 1991:
Homicide..........................................................................N.J.S.A. 2C:11-1 et seq.
Assault .............................................................................N.J.S.A. 2C:12-1
Terroristic threats.............................................................N.J.S.A. 2C:12-3
Kidnapping.......................................................................N.J.S.A. 2C:13-1
Criminal restraint .............................................................N.J.S.A. 2C:13-2
False imprisonment..........................................................N.J.S.A. 2C:13-3
Sexual assault...................................................................N.J.S.A. 2C:14-2
Criminal sexual contact ...................................................N.J.S.A. 2C:14-3
Lewdness..........................................................................N.J.S.A. 2C:14-4
Criminal mischief.............................................................N.J.S.A. 2C:17-3
Burglary ...........................................................................N.J.S.A. 2C:18-2
Criminal trespass..............................................................N.J.S.A. 2C:18-3
Harassment.......................................................................N.J.S.A. 2C:33-4
Stalking ............................................................................N.J.S.A. 2C:12-10

1.5

“Domestic Violence Central Registry” or DVCR – Statewide registry established under
N.J.S.A. 2C:25-34 (See Appendix 22).

1.6

“Domestic Violence Civil Complaint” – A multi page application (the civil complaint) and
temporary restraining order issued by the Superior Court or Municipal Court. Referred to as
“Complaint/TRO.”

1.7

“Domestic Violence Response Team” – Law Enforcement agencies are required by N.J.S.A.
2C:25-20b(3) to establish such teams of persons trained in counseling, crisis intervention or
in the treatment of domestic violence and neglect and abuse of the elderly and disabled
victims. Also known as Domestic Violence Crisis Teams.

1.8

“Emancipated Minor” – Under the PDVA, a minor is considered emancipated from his or
her parents when the minor:
A.

Is or has been married,

I-1

B.

Has entered military service,

C.

Has a child or is pregnant, or,

D.

Has been previously declared by the court or an administrative agency to be
emancipated.

1.9

“Ex parte” – as used in this manual, an application for a TRO where the judge or hearing
officer takes testimony only from the plaintiff without notice to the defendant of the
application.

1.10

“Final Restraining Order” or FRO – A civil order under the PDVA restraining defendant
(Appendix 10); entered after a hearing when defendant has been served with a TRO; remains
in effect until further order of the court and is enforceable under the federal full faith and
credit provision of Violence Against Women Act (VAWA), see Section VII.

1.11

FM or FD docket – A case which is opened by a complaint for divorce or separate
maintenance is given a docket number by Family Court starting with FM; a case which is
opened by a complaint for custody, support, paternity or parenting time is given an FD
docket number.

1.12

FV or FO docket number – A case that is opened by signing and filing a civil complaint
under the PDVA is given an FV docket number. A case which is opened by filing of criminal
charges for a violation of an order issued under the PDVA is given an FO docket number; a
weapons forfeiture matter is also given an FO docket.

1.13

“Law Enforcement Officer” – A person whose public duties include the power to act as an
officer for the detection, apprehension, arrest and conviction of offenders against the laws of
this State.

1.14

“Prevention of Domestic Violence Act” or PDVA– N.J.S.A. 2C: 25-18 to 2C:25-35.

1.15

“Plaintiff” – A person who seeks or has been granted relief under the PDVA.

1.16

“Personal Service” – Service that requires a law enforcement officer or other authorized
person to personally serve the defendant and/or plaintiff with a TRO, FRO or other order
issued under the PDVA.

1.17

“Petitioner” – Plaintiff or victim who seeks to enforce or register an out of state Order of
Protection in New Jersey.

1.18

“Temporary Restraining Order” or TRO an order entered pursuant to a complaint under the
PDVA; is temporary by its terms and requires that a full hearing be scheduled within 10
days. A TRO shall continue in effect until further order of the court (Appendix 2).

1.19

“Victim Advocate” – also known as domestic violence program liaison; a person who is
specially trained in domestic violence, both the dynamics and the law, employed by or

I-2

working as a volunteer of any domestic violence project, shelter, woman’s program or the
like.
1.20

“Victim of Domestic Violence” – a person protected by the PDVA and includes any person:
A.

B.

C.

1.21

Who is 18 years of age or older, or who is an emancipated minor, and who has been
subjected to domestic violence by:


Spouse



Former spouse



Any other person who is a present or former household member, or

Who, regardless of age, has been subjected to domestic violence by a person:


With whom the victim has a child in common, or



With whom the victim anticipates having a child in common, if one of the
parties is pregnant, or

Who, regardless of age, has been subjected to domestic violence by a person with
whom the victim has had a dating relationship.

Weapons - means anything readily capable of lethal use or of inflicting serious bodily injury.
The term includes, but is not limited to, all (1) firearms, even though not loaded or lacking a
clip or other component to render them immediately operable; (2) components which can be
readily assembled into a weapon; (3) gravity knives, switchblade knives, daggers, dirks,
stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles,
sandclubs, slingshots, cesti or similar leather bands studded with metal filings or razor blades
imbedded in wood; and (4) stun guns; and any weapon or other device which projects,
releases, or emits tear gas or any other substance intended to produce temporary physical
discomfort or permanent injury through being vaporized or otherwise dispensed in the air.
N.J.S.A 2C:39-1r.

I-3

SECTION II
INITIAL PROCEDURES

2.1

2.2

WHERE, WHEN AND HOW DOMESTIC VIOLENCE COMPLAINTS ARE TO BE
FILED
2.1.1

A victim of domestic violence must have access to the courts at all times. Law
enforcement, Municipal and Superior Court staff must be advised that victims should
never be turned away because of the inconvenience of arranging off-hours
emergency relief.

2.1.2

A law enforcement officer responding to a domestic violence call must provide the
victim with assistance to file either a criminal or civil Complaint/TRO or both. Under
no circumstances should an officer prevent or discourage a victim from seeking
immediate temporary relief merely because the domestic violence occurs after
regular business hours.

2.1.3

Special Provisions for persons under 18 years of age:
A.

A victim may be below the age of 18, may sign the Complaint/TRO and does
not need the consent of a parent or guardian to file or withdraw a complaint
or to request a modification of an existing order.

B.

The domestic violence defendant must be over the age of 18 or emancipated
at the time of the offense. (See emancipated minor definition, Section 1.8, for
criteria in determining whether a person is emancipated.)

C.

A person under 18 years of age and not emancipated who commits an act of
violence may not be a defendant in a civil domestic violence case but can be
charged with specific acts of domestic violence (e.g., assault) under the Code
of Juvenile Justice. The entry of pre or post-dispositional restraints can also
be considered for use in the juvenile delinquency case.

APPLICATION FOR A TEMPORARY RESTRAINING ORDER (TRO)
2.2.1

2.2.2

A victim may file a domestic violence complaint:
A.

Where the alleged act of domestic violence occurred;

B.

Where the defendant resides;

C.

Where the victim resides; or,

D.

Where the victim is sheltered or temporarily staying.

During Court hours for domestic violence matters (Monday through Friday,
8:30 AM to at least 3:30 PM):
A.

The victim should be transported or directed to the Family Division of

II - 1

Superior Court, provided the victim can arrive prior to 3:30 PM.
B.

2.2.3

2.3

Where transportation of the victim to the Superior Court is not feasible, the
officer should contact the Family Division, Domestic Violence Unit. There
are occasions when a person seeking to file a domestic violence
Complaint/TRO arrives too late in the day for it to be processed and heard
during regular court hours. During the interim period between the Domestic
Violence Unit’s close of business and when the courthouse actually closes,
victims shall not be turned away. Each county shall develop a procedure in
such instances for either in-person or telephonic communication under Rule
5:7A between the victim and an on-site or emergent duty judge, so that the
request for emergent relief can be handled without the necessity of the victim
having to go to the local police station or the Municipal Court. (See section
4.4)

On weekends, holidays and weekdays after 3:30 PM and other times when the
Superior Court is closed,
A.

A victim may sign the domestic violence complaint with a law enforcement
agency as set forth in 2.2.1.

B.

The victim’s complaint shall be processed promptly. Under no circumstances
should the victim be advised to appear in the Superior Court, Family Division
the next business day in order to apply for a TRO.

C.

If a TRO is denied by a Municipal Court judge, the denial and the
Complaint/TRO must still be faxed or forwarded to the Family Division
within 24 hours for an administrative dismissal. A victim whose
Complaint/TRO has been dismissed in this manner is not barred from refiling
in the Family Division based on the same incident and receiving an
emergency ex parte hearing de novo. Every denial of relief by a Municipal
Court judge must so state, with specificity in the “Comments” portion of the
TRO and the victim must be advised of the right to refile with the Superior
Court, Family Division.

WHERE TO FILE A CRIMINAL COMPLAINT WITH AN ACCOMPANYING TRO
APPLICATION AND COMPLAINT
2.3.1

When a victim is seeking a TRO, a companion criminal complaint may also be
signed against the defendant in one of the following locations:
A.

Where the alleged act of domestic violence occurred, or

B.

Where the defendant resides, or

C.

Where the victim resides, or
II - 2

D.

2.4

Where the victim is sheltered or temporarily staying.

2.3.2

The out-of-jurisdiction complaint (i.e., one taken not where the incident occurred)
should be prepared on a blank CDR and the court accepting the complaint for filing
shall have the authority to issue process and set bail as if the alleged offense had
occurred in that jurisdiction. A “blank” CDR is one without the court’s name or
municipality code in the caption.

2.3.3

The companion criminal complaint shall be forwarded to the jurisdiction where the
offense is alleged to have occurred for investigation and prosecution.

2.3.4

A criminal complaint does not preclude the victim from filing a domestic violence
complaint and seeking a TRO. A person may also file criminal charges without
seeking a TRO.

WHERE TO FILE A CRIMINAL COMPLAINT WHEN THERE IS NO
ACCOMPANYING COMPLAINT/TRO
2.4.1

The victim may file a criminal complaint with the Municipal Court or police
department where the alleged act occurred. See also Section 3.11.4.

2.4.2

If the police officer believes that no-contact provisions should be issued as a
condition of bail, the officer should inform the court of the circumstances justifying
such request when the criminal complaint is being processed and bail is about to be
set. This section shall be checked off on the appropriate form (the bail recognizance
form). The officer should include in the domestic violence offense report the reasons
for the request and the court’s disposition of the request. This order must be in
writing and given to the victim consistent with N.J.S.A. 2C:25-26.

II - 3

SECTION III
LAW ENFORCEMENT

THIS SECTION PREPARED BY THE
DIVISION OF CRIMINAL JUSTICE

This section has not been reviewed or endorsed by the Judiciary.

THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

A. INTRODUCTION - DOMESTIC VIOLENCE STANDARDS
Domestic violence, a serious crime against society, must be affirmatively addressed by both law
enforcement and the courts so that the victims and society are protected.
Prescribed procedures are necessary so that both law enforcement officers and the courts can
promptly and effectively respond to domestic violence cases.
Because of the diversity of police resources in this State, county prosecutors, who are the chief law
enforcement officers of their counties, should be responsible for procedures used in all the law
enforcement agencies of their counties.
To promote uniformity in police response statewide, the county response procedure should conform
to the format of the attached Standard.
The General Guidelines on Police Response in Domestic Violence Cases, promulgated by the
Attorney General on April 12, 1988 have been expanded and revised. The revised Guidelines have
been incorporated into this Standard.
The response procedures to be developed by county prosecutors for law enforcement officers should
then be included in this Domestic Violence Procedures Manual. The Manual was jointly developed
by the Administrative Office of the Courts and a committee of law enforcement officials convened
by the Attorney General.
The Manual is intended to secure appropriate responses to domestic violence in this State. The
unique unified approach will assure prompt assistance to the victims of domestic violence and
demonstrate New Jersey’s resolve that violent behavior will not be tolerated in public or in private.
Any questions regarding law enforcement procedures should be directed to the Division of Criminal
Justice, Prosecutors Supervision and Coordination Bureau, Justice Complex, Trenton.

III - 1

THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

PERFORMANCE STANDARDS
GOAL: The goal of this standard is to establish procedures for the proper and consistent handling
of domestic violence incidents. The procedures will be established by the county prosecutor or by
municipal law enforcement agencies as needed. Exceptions will be made for municipal law
enforcement agencies as approved by the county prosecutor.
DOMESTIC VIOLENCE
3.1

DOMESTIC VIOLENCE POLICY AND PROCEDURES
The agency shall adopt specific procedures for the handling of domestic violence and codify
these procedures through policy.
3.1.1

The agency shall develop and implement written policy governing the handling of
domestic violence incidents.

3.1.2

The agency shall develop and implement specific procedures for:

3.1.3

3.1.4

3.2

A.

Response to domestic violence incidents;

B.

Receipt and processing of domestic violence complaints and restraining
orders;

C.

Domestic violence arrests;

D.

Weapons relating to domestic violence complaints and restraining orders;

E.

Reporting of domestic violence incidents;

F.

Training of officers in response to domestic violence incidents.

The agency shall clearly define and explain all relevant terms used in its domestic
violence policy, including but not limited to:
A.

Domestic violence;

B.

Victim of domestic violence.

The agency shall insure that its domestic violence policy and procedures are in
compliance with United States Constitution, New Jersey Constitution and statutes,
court decisions, and Attorney General and county prosecutor directives and
guidelines.

RESPONSE TO DOMESTIC VIOLENCE INCIDENTS
III - 2

THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

The agency shall have clear policy and procedures on the response to domestic violence
incidents realizing the importance and potential for additional violence of such incidents.

3.3

3.4

3.2.1

The agency shall insure that all allegations of domestic violence are responded to
promptly and investigated thoroughly.

3.2.2

The agency shall insure that the safety of the victim and all individuals at the scene of
domestic violence, including the officers, is of primary concern.

3.2.3

The agency shall insure that victims are notified of their domestic violence rights as
required by statute.

3.2.4

The agency shall insure that all officers who respond to domestic violence incidents
shall have available current and accurate information for referrals to appropriate
social service agencies.

3.2.5

The agency shall establish or participate in an established domestic violence crisis
team.

RECEIPT AND PROCESSING OF DOMESTIC VIOLENCE COMPLAINTS
When domestic violence incidents generate criminal or civil domestic violence complaints,
or both, the processing of those complaints shall be explicitly defined.
3.3.1

The agency shall specify the procedure to be followed in filing of criminal charges
stemming from domestic violence incidents.

3.3.2

The agency shall specify the procedure to be followed in accepting and processing
domestic violence complaints at times when the Superior Court, Family Division, is
open.

3.3.3

The agency shall specify the procedure to be followed in accepting and processing
domestic violence complaints at times when the Superior Court, Family Division, is
closed but the Municipal Court is open.

3.3.4

The agency shall specify the procedure to be followed in accepting and processing
domestic violence complaints at times when the Superior Court, Family Division and
the Municipal Court are closed.

DOMESTIC VIOLENCE ARRESTS.
The agency shall delineate, in accordance with United States Constitution, New Jersey
Constitution and statutes, court decisions, and Attorney General and county prosecutor
directives and guidelines, those domestic violence incidents in which the arrest of the actor is
mandatory.
3.4.1

The agency shall specify those domestic violence incidents which require mandatory
arrests:
III - 3

THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

Act involving signs of injury;

B.

Violation of a restraining order;

C.

A warrant is in effect;

D.

There is probable cause to believe a weapon was involved in the act of
domestic violence.

3.4.2

The agency shall specify those domestic violence incidents in which arrest is
discretionary.

3.4.3

The agency shall clearly delineate the procedure to be followed in cases involving
violation of an existing restraining order.

3.4.4

The agency shall specify the procedure to be followed in processing an arrest for
domestic violence, including:

3.4.5
3.5

A.

A.

Signing of complaint;

B.

Fingerprinting;

C.

Photographing;

D.

Bail.

The agency shall specify the procedure to be followed when a charge of domestic
violence is filed against a law enforcement officer.

WEAPONS RELATING TO DOMESTIC VIOLENCE INCIDENTS
The agency shall identify the procedures to be followed by officers when weapons are
involved in domestic violence incidents, in accordance with United States Constitution, New
Jersey Constitution and statutes, court decisions, and Attorney General and county
prosecutor directives and guidelines, and accepted police practice.
3.5.1

The agency shall specify the procedures to be followed by investigating officers
when:
A.

Weapon(s) are used or threatened to be used in the domestic violence
incident;

B.

Weapon(s) are not used in the domestic violence incident but are in plain
view to the officer;

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THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

C.

3.6

3.7

Weapon(s) are not used in the domestic violence incident, are not in plain
view to the officer, but the officer has reason to believe that weapon(s) are
present in the household.

REPORTING OF DOMESTIC VIOLENCE INCIDENTS
The agency shall fully document all complaints of and responses to domestic violence
incidents.
3.6.1

The agency shall insure that all domestic violence incidents are fully recorded and
documented within the departmental reporting system.

3.6.2

The agency shall insure that all domestic violence incidents are reported in
accordance with state statute. This includes, but is not limited to, completion and
submission of the UCR DV#l form or its electronic data equivalent.

TRAINING
The agency shall train its officers in the handling of domestic violence incidents as a matter
of policy and procedure, and also from the standpoint of proper police protocol.
3.7.1

The agency shall provide for the training of all officers in the appropriate handling,
investigation and response procedures concerning reports of domestic violence.

III - 5

THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

B. GUIDELINES ON POLICE RESPONSE PROCEDURES IN DOMESTIC VIOLENCE
CASES
Introduction These general guidelines consolidate the police response procedures for domestic
violence cases, including abuse and neglect of the elderly and disabled, based on
State law, Court Rules, and prior editions of the Domestic Violence Procedures
Manual which was jointly prepared by the New Jersey Supreme Court and the
Attorney General through the Division of Criminal Justice.
3.8

MANDATORY ARREST
3.8.1

A police officer must arrest and take into custody a domestic violence suspect and
must sign the criminal complaint against that person if there exists probable cause to
believe an act of domestic violence has occurred and

3.8.2

The victim exhibits signs of injury caused by an act of domestic violence. N.J.S.A.
2C:25-21a(1).
A.

The word, “exhibits,” is to be liberally construed to mean any indication that
a victim has suffered bodily injury, which shall include physical pain or
impairment of physical condition. Probable cause to arrest also may be
established when the police officer observes manifestations of an internal
injury suffered by the victim. N.J.S.A. 2C:25-21c(1)

B.

Where the victim exhibits no visible sign of injury, but states that an injury
has occurred, the officer should consider other relevant factors in
determining whether there is probable cause to make an arrest. N.J.S.A.
2C:25-21c(1)

C.

In determining which party in a domestic violence incident is the victim
where both parties exhibit signs of injury, the officer should consider:
1.

The comparative extent of injuries suffered;

2.

The history of domestic violence between the parties, if any;

3.

The presence of wounds associated with defense, or considered
defensive wounds; or

4.

Other relevant factors, including checking the DV Central Registry.
N.J.S.A. 2C:25-21c(2).

5.

NOTE: The investigating officer must insure that “[n]o victim shall
be denied relief or arrested or charged under this act with an offense
because the victim used reasonable force in self-defense against
domestic violence by an attacker.” N.J.S.A. 2C:25-21c(3).
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3.9.

D.

If the officer arrests both parties, when each exhibit signs of injury, the
officer should explain in the incident report the basis for the officer’s action
and the probable cause to substantiate the charges against each party.

E.

Police shall follow standard procedures in rendering or summoning
emergency treatment for the victim, if required.

3.8.3

There is probable cause to believe that the terms of a TRO have been violated. If the
victim does not have a copy of the restraining order, the officer may verify the
existence of an order with the appropriate law enforcement agency. The officer
should check the DVCR. N.J.S.A. 2C:25-21(a)(3)

3.8.4

A warrant is in effect. N.J.S.A. 2C:25-21a(2)

3.8.5

There is probable cause to believe that a weapon as defined in N.J.S.A. 2C:39-1r has
been involved in the commission of an act of domestic violence. N.J.S.A. 25-21a(4)

DISCRETIONARY ARREST
3.9.1

A police officer may arrest a person or may sign a criminal complaint against that
person, or may do both, where there is probable cause to believe that an act of
domestic violence has been committed but none of the conditions in Section. 3.8
above applies. N.J.S.A. 2C:25-21b
In any situation when domestic violence may be an issue, but there’s no probable
cause for arrest and the victim does not wish to file a TRO, the police officers must
give and explain to the victim the domestic violence notice of rights as contained in
the Victim Notification Form. N.J.S.A. 2C:25-23

3.10

SEIZURE OF WEAPONS
3.10.1 Seizure of a Weapon for Safekeeping. A police officer who has probable cause to
believe that an act of domestic violence has been committed shall pursuant to
N.J.S.A. 2C:25-21d(1):
A.

Question all persons present to determine whether there are weapons, as
defined in N.J.S.A. 2C:39-1r, on the premises. N.J.S.A. 25:21d(1)(a)

B.

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 shall attempt
to gain possession of the weapon. If a law enforcement officer seizes any
firearm, the officer shall also seize any firearm purchaser identification card
or permit to purchase a handgun issued to the person accused of the act of
domestic violence. N.J.S.A. 2C:25-21d(1)(b)
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C.

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

D.

If the weapon is not in plain view but is located within the premises
possessed by the domestic violence victim or 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.

E.

If the weapon is not located within the premises possessed by the domestic
violence victim or jointly possessed by the domestic violence victim and
domestic violence 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.

F.

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. [See Appendix 19]

3.10.2 Seizure of a Weapon Pursuant to Court Order. N.J.S.A. 2C:25-26 and N.J.S.A.
2C:25-28j.
A.

If a domestic violence victim obtains a TRO or FRO directing that the
domestic violence assailant surrender a named weapon, the officer should
demand that the person surrender the named weapon.

B.

If the domestic violence assailant or the possessor of the weapon refuses to
surrender the weapon, the officer should:
1.

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

2.

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,
and

3.

Conduct a search of the named premises for the named weapon.

3.10.3. The officer must append an inventory of seized weapons to the domestic violence
offense report. N.J.S.A. 2C:25-21d(2)
3.10.4 Weapons seized by a police officer, along with any seized firearms identification card
or permit to purchase a handgun, must be promptly delivered to the county prosecutor
along with a copy of the domestic violence offense report and, where applicable, the
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domestic violence complaint and temporary restraining order. N.J.S.A. 2C:25-21d(2)
3.11

DOMESTIC VIOLENCE COMPLAINT PROCESS
DEFINITIONS USED IN THIS SECTION
A.

Domestic Violence Civil Complaint means the multi page application and
temporary restraining order issued by the Superior or Municipal Court. See
Section 1.6. Referred to as TRO/Complaint.

B.

Criminal Complaint refers to the criminal charges placed on a CDR-1
(summons) or CDR-2 (warrant). See Section 1.2.

3.11.1 Notice. When a police officer responds to a call of a domestic violence incident, the
officer must give and explain to the victim the domestic violence notice of rights
which advises the victim of available court action, N.J.S.A. 2C:25-23. The victim
may file:
A.

A Complaint/TRO alleging the defendant committed an act of domestic
violence and asking for court assistance to prevent its recurrence by asking
for a temporary restraining court order (TRO) or other relief;

B.

A criminal complaint alleging the defendant committed a criminal act. See
Section, 3.8 Mandatory Arrest above as to when a police officer must sign
the criminal complaint (CDR-1 (summons) or CDR-2 (warrant).); or

C.

Both of the above.

3.11.2 Jurisdiction for filing domestic violence Complaint/TRO by the victim. N.J.S.A.
2C:25-28 A.

B.

During regular court hours,
1.

The victim should be transported or directed to the Family Division
of Superior Court. See Section 4.2.

2.

Where transportation of the victim to the Superior Court is not
feasible, the officer should contact the designated court by telephone
for an emergent temporary restraining order in accordance with
established procedure.

On weekends, holidays and other times when the court is closed,
1.

The victim may file the domestic violence complaint with the police
and request a TRO from a Municipal Court Judge specifically
assigned to accept these complaints. N.J.S.A. 2C:25-28a.

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C.

The victim may file a domestic violence complaint . N.J.S.A. 2C:25-28a:
1.

Where the alleged act of domestic violence occurred,

2.

Where the defendant resides, or

3.

Where the victim resides or is sheltered.

3.11.3. Jurisdiction for filing criminal complaint (CDR-1 or CDR-2) by the victim in
connection with filing domestic violence complaint.
A.

A criminal complaint may be filed against the defendant in locations
indicated in Paragraph 3.11.2 C above.

B.

A criminal complaint filed pursuant to Paragraph 3.11.2 A above shall be
investigated and prosecuted in the jurisdiction where the offense is alleged to
have occurred.

3.11.4 Jurisdiction for filing a criminal complaint but no accompanying domestic violence
complaint.
A.

The victim may file a criminal complaint as stated in section 3.11.2C above.

B.

If the criminal complaint is filed in a jurisdiction other than where the offense
occurred, the law enforcement agency shall take appropriate photographs and
statement of the victim and shall immediately contact the law enforcement
agency where the offense occurred and shall immediately transmit by
facsimile or by hand delivery those documents to the law enforcement agency
where the offense occurred. That law enforcement agency shall prepare the
appropriate criminal complaint and present the complaint to a judicial officer
for appropriate action. Where a victim has exhibited signs of physical injury,
the agency receiving the documentation shall arrest the suspect in accordance
with existing domestic violence procedure.

C.

If the police officer believes that a no-contact order should be issued, as a
condition of bail, the officer should inform the court of the circumstances
justifying such request when the criminal complaint is being processed and
bail is about to be set. The officer should include in the domestic violence
offense report the reasons for the request and the court’s disposition of the
request.

D.

If the officer believes that weapons should be seized, the officer should
inform the court of the circumstances justifying such request that as a
condition of bail, the defendant’s weapons must be surrendered to the police

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for safe-keeping. All weapons seized must be safely secured or turned over
to the county prosecutor.
3.11.5 Victim Notification Form [see appendix 5]
A

When either a criminal or domestic violence complaint is signed, a Victim
Notification Form is to be completed by the person assisting the victim,
either the police officer or other appropriate staff.

B.

The victim should be informed that, for the victim’s protection, the
prosecutor or the court must have the ability to contact the victim on short
notice to inform the victim about the defendant’s

C.

1.

Impending release from custody, or

2.

Application to reduce bail.

The victim should be provided with the telephone number of the
1.

Victim Witness Unit of the Prosecutor’s Office when a criminal
complaint or domestic violence contempt complaint is signed, or

2.

Family Division Domestic Violence Unit when a domestic violence
complaint is signed.

D.

The victim should be instructed to contact the appropriate office to provide
new telephone numbers if the victim changes telephone numbers from the
numbers listed on the Victim Notification Form.

E.

Whenever a defendant charged with a crime or an offense involving domestic
violence is released from custody the prosecuting agency shall notify the
victim immediately.

3.12. PROCEDURE FOR FILING REPORTS
3.12.1 A copy of the domestic violence offense report and Victim Notification Form must
be attached to all criminal complaints and to the TRO when these documents are
forwarded to the appropriate court. N.J.S.A. 2C:25-24a
3.13

TEMPORARY RESTRAINING COURT ORDERS
3.13.1 When a victim requests a court order, the officer shall contact the designated judge by
telephone, radio or other means of electronic communication. The officer should:
A.

Assist the victim in preparing the complaint and a statement to be made to
the judge.

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3.14

B.

Explain that the judge will place the person under oath and will ask questions
about the incident.

C.

If the judge issues a temporary restraining order, the police officer will be
instructed to enter the judge’s authorization on a prescribed form.

D

The officer also will be instructed to print the judge’s name on the temporary
restraining order.

E.

The officer also will be instructed to serve the TRO upon the alleged
offender.

SERVICE OF TEMPORARY RESTRAINING ORDER
3.14.1 When the victim obtains a restraining order but the defendant had not been arrested
by police and is present at the scene, the officer should:
A.

Escort the victim to his or her home.

B.

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

C.

Order the defendant to vacate the premises, where that is part of the Order.

D.

Give the defendant a reasonable period of time to gather personal belongings,
unless the court order includes specific limits on time or duration. N.J.S.A.
2C:25-28k. The officer shall remain with the defendant as he or she gathers
personal belongings pursuant to the terms of the temporary restraining order

E.

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

3.14.2 Where a TRO 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 3.14.1 A-E.
3.14.3 When a temporary or final restraining order is issued that requires service outside the
issuing county,
A.

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

The sheriff’s department in the issuing county must similarly bring or
transmit by facsimile the order and related documents to the sheriff’s
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department in the county of the defendant’s residence or business.
2.

3.

B.

C.

3.15

The sheriff’s department in the receiving county, pursuant to local
policy, will either
a.

Execute service on the defendant or

b.

Immediately bring or transmit by facsimile 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.

The return of service should then be transmitted by facsimile back to
the sheriff’s department in the issuing county, which in turn must
immediately deliver or transmitted by facsimile the return of service
to the Family Division in the issuing county.

When the service of a restraining order results in the seizure of weapons;
1.

The weapons inventory should be attached to the return of service
that is brought or transmitted by facsimile back to the issuing county.

2.

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.

Once service on the defendant is attempted, successfully or unsuccessfully,
the return of service portion of the TRO 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.

COURT ORDER VIOLATIONS
3.15.1. 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
A.

Arrest and transport the defendant to the police station.

B.

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

C.

The officer should sign a criminal complaint for all related criminal offenses.
(The criminal charges should be listed on the same criminal complaint (CDR-

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2) form that contains the contempt charge.)
D.

E.

Telephone, communicate in person or by facsimile with the appropriate judge
or bail unit and request bail be set on the contempt charge. N.J.S.A. 2C:2531b.
1.

During regular court hours, bail should be set by the emergent duty
Superior Court judge that day. N.J.S.A. 2C:25-31d.

2.

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.

3.

When bail is set by a judge when the courts are closed, the officer
shall arrange to have the clerk of the Family Division notified on the
next working day of the new complaint, the amount of bail, the
defendant’s whereabouts and all other necessary details. N.J.S.A.
2C:25-25-31d.

4.

If a Municipal Court judge sets the bail, the arresting officer shall
notify the clerk of that Municipal Court of this information. N.J.S.A.
2C:25-31d.

5.

The DVCR must be checked prior to bail being set. N.J.S.A. 2C:2531a.

If the defendant is unable to post bail, take appropriate steps to have the
defendant incarcerated at police headquarters or the county jail. N.J.S.A.
2C:25-31c.

3.15.2 Where the officer deems there is no probable cause to arrest or sign a criminal
complaint against the defendant for a violation of a TRO, the officer must advise the
victim of the procedure for completing and signing a
A.

Criminal complaint alleging a violation of the court order. N.J.S.A. 2C:25-32
1.

During regular court hours, the officer should advise the victim that
the complaint must be filed with the Family Division of the Chancery
Division of Superior Court. N.J.S.A. 2C:25-32

2.

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

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

3.16

b.

The alleged offender shall be charged with contempt of a
domestic violence restraining court order, N.J.S.A. 2C:29-9;

c.

The officer in charge shall check the DVCR prior to
contacting the on duty Superior Court Judge for a probable
cause determination for the issuance of the criminal
complaint. If the judge finds sufficient probable cause for the
charges, the officer must prepare a complaint-warrant (CDR2).

d.

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

e.

The officer who had determined that there was no probable
cause to arrest or sign a criminal complaint against the
defendant for a violation of a TRO must articulate in the
officer’s incident report the reasons for the officer’s
conclusions.

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 Domestic
Violence Unit to pursue enforcement of litigant’s rights.

CRIMINAL OFFENSES AGAINST THE ELDERLY AND DISABLED
3.16.1 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 listed above.
3.16.2 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.
3.16.3 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 a legal duty to care for or has assumed continuing
responsibility for the care of a person who is:

3.17

A.

60 years of age or older, or

B.

Emotionally, psychologically or physically disabled, and

C.

The person unreasonably neglects or fails to permit to be done any act
necessary for the physical or mental health of the elderly or disabled person.

GUIDELINES ON PROSECUTORIAL PROCEDURE REGARDING WEAPONS
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SEIZED IN DOMESTIC VIOLENCE CASES
Introduction These general guidelines outline the procedure a County Prosecutor should
establish regarding the disposition of weapons seized in domestic violence
cases.
3.17.1 Seizure of Weapons Used in Commission of a Criminal Offense. Any weapon used
in the commission of a criminal offense or is contraband or evidence of criminal
activity shall be seized by police and processed in accordance with established
procedures for the handling of such evidence.
3.17.2 Seizure of Weapons for Safekeeping Purposes. Any weapon seized by police in a
domestic violence incident pursuant to N.J.S.A. 2C:25-21d cannot be returned to the
owner by the police.
A.

B.

The police must promptly deliver to the County Prosecutor’s Office:
1.

The weapon involved in a domestic violence incident; along with any
seized firearms identification card or permit to purchase a handgun;

2.

The domestic violence offense report which includes an inventory of
all weapons seized, and

3.

Where applicable, a copy of the TRO or FRO, the criminal complaint,
the Victim Notification Form and the police incident report.

4.

Where seizure of weapons is pursuant to a TRO or FRO, the weapon
inventory should also be forwarded to the Family Division Domestic
Violence Unit.

When a weapon was seized at the scene pursuant to N.J.S.A. 2C:25-21d,
1.

The County Prosecutor shall determine within 45 days of the seizure:
a.

Whether the weapon should be returned to the owner of the
weapon, or

b.

Whether to institute legal action against the owner of the
weapon.

2.

If the County Prosecutor determines not to institute action to seize the
weapon and does not institute an action within 45 days of seizure, the
seized weapon shall be returned to the owner. N.J.S.A. 2C:25-21d(3).

3.

If the County Prosecutor determines to institute action to seize the
weapon, the Prosecutor shall, with notice to the owner of the weapon,
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C.

a.

File a petition with the Family Division of the Superior Court,
Chancery Division, to obtain title to the weapon, or

b.

Seek revocation of any firearms identification card, permit to
purchase a handgun, or any other permit, license and other
authorization for the use, possession, or ownership of such
weapons. (See N.J.S.A. 2C:58-3f, 2C:58-4f and/or 2C:58-5
governing such use, possession, or ownership), or

c.

Object to the return of the weapon on such grounds:
(1)

As are provided for the initial rejection or later
revocation of the authorizations pursuant to N.J.S.A.
2C:58-3c; or

(2)

That the owner is unfit or that the owner poses a
threat to the public in general or a person or persons
in particular; or

(3)

Seek a court order that defendant must dispose of the
weapons by sale or transfer to a person legally
entitled to take possession of the weapons.

Any weapon seized by police:
1.

Pursuant to a temporary or final domestic violence restraining order,
or

2.

Pursuant to a Domestic Violence Warrant for the Search & Seizure of
Weapons, or

3.

As a condition of bail for a criminal offense involving domestic
violence,

should be returned to the owner by the appropriate court specifically
authorizing the return of the weapon if the order or criminal complaint is in
effect. If the order or complaint is withdrawn or dismissed prior to a hearing,
the provisions in Paragraph, 3.17.2B2 supra, should be followed.
3.17.3 Seizure of Weapons Outside the County Where the Domestic Violence Restraining
Order Was Issued. When the service of a domestic violence restraining order results
in the seizure of weapons,
A.

The weapons inventory should be attached to the return of service that is

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brought or transmitted by facsimile back to the issuing county.
B.

The weapons themselves, along with any firearms identification card,
purchasers permit, licenses, identification cards, or other paperwork or
documentation shall be secured by the County Prosecutor in the seizing
county for storage. At such time that the seized property is needed by the
County Prosecutor or Family Division in the issuing county, the Prosecutor
in the seizing county shall make arrangements for the delivery of same.

3.17.4 Seizure of Weapons from Law Enforcement Officers Involved in a Domestic
Violence Incident. See Attorney General Directives 2000-3 and 2000-4 (Appendix
17).
When a law enforcement officer, who is authorized to carry weapons
pursuant to N.J.S.A. 2C:39-6, is involved in an act of domestic violence, the seizure
of weapons shall be governed by the Attorney Generals Directives 2000-3 and 20004. (See Appendix 17) 1
A.

B.

If a law enforcement officer is required by departmental regulations to
personally purchase his or her official duty firearm, that firearm shall be
considered the same as if it had been departmentally issued for purposes of
applying the provisions of the Attorney General Directives 2000-3 and 20004 and the provisions of the federal gun control law, 18 U.S.C.A. 922(g).
When a personal firearm is seized from a member of a state law enforcement
officer, which includes members of the State Police, the State Department of
Corrections, the Division of Criminal Justice, Rutgers University Campus
Police, state college and university police, N.J. Transit Police, Division of
Parole, Juvenile Justice Commission, Human Services Police, any officer of
Fish, Game and Wildlife authorized to carry a firearm, State Commission of
Investigation, and Division of Taxation;
1.

The county Prosecutor’s Office must inform the Division of Criminal
Justice whether it will or will not institute forfeiture proceedings
pursuant to N.J.S.A. 2C:25-21d for the seizure of the member’s
approved off-duty firearms and other personally owned firearms,

1

The Directives are similar in content: Directive 2000-3 Revision to August 14, 1995, Directive Implementing
Procedures for the Seizure of Weapons from Municipal and County Law Enforcement Officers is applicable to municipal
and county law enforcement and requires the county prosecutor to investigate whether a police officer, having his
firearms seized pursuant to the Prevention of Domestic Violence Act of 1990, should and under what conditions, would
have his firearms, agency owned and personal, returned to him. Directive 2000-4, Revision to August 14, 1995, Directive
Implementing Procedures for the Seizure of Weapons from All State Law Enforcement Officers Involved in Domestic
Violence Incidents places the responsibility of determining the conditions upon which a state law enforcement officer
would have his right to carry a firearm restored with the Division of Criminal Justice.

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2.

The Division of Criminal Justice will determine whether that officer
shall be authorized to carry that firearm or any firearm either on duty
or off duty and whether conditions should be imposed for such
authorization pursuant to the Attorney General Directive 2000-4 at
IVD.

3.

The Division of Criminal Justice will inform the County Prosecutor’s
Office of its decision whether that officer would be authorized to
carry a firearm either on duty or off duty and whether conditions had
been imposed for carrying a firearm.

3.17.5 Restrictions on Return of Firearms
A.

If a final domestic violence restraining order is issued pursuant to the
provisions of both New Jersey and federal gun control laws, N.J.S.A. 2C:397b(3) & 18 U.S.C.A. 922(g), the named defendant shall not be permitted to
possess, purchase, own, or control any firearm for the duration of the order or
for two years, whichever is greater. N.J.S.A. 2C:25-29b

B.

If a law enforcement officer is subject to a temporary or final restraining
order issued pursuant to the provisions of both New Jersey and federal gun
control laws, N.J.S.A. 2C:39-7b(3) & 18 U.S.C.A. 922(g)and sec 925, the
County Prosecutor may permit a municipal or county police officer to be
armed while actually on duty provided that the restraining order specifically
permits the possession of a firearm on duty, and the firearm is issued to the
officer upon reporting for a scheduled tour of duty and surrendered upon
completion of the tour of duty. In the event a state law enforcement officer is
subject to a final restraining order, the Attorney General, by the Division of
Criminal Justice, may permit a subject officer to be armed while on duty
provided said restraining order specifically permits, and the firearm is issued
to the officer upon reporting for a scheduled tour of duty and surrendered
upon completion of the tour of duty.

C.

A law enforcement officer who has been convicted of a misdemeanor
domestic violence offense anywhere in the nation is prohibited from
possessing a firearm pursuant to 18 U.S.C. 922(g)(8). This federal law
applies to offenses that have as an element (1) the use or attempted use of
physical force, 9r (2) the threatened use of a deadly weapon. Under New
Jersey law, a disqualifying offense would be:
1.

Harassment, N.J.S.A. 2C:33-4b by striking, kicking, shoving

2.

Simple assault, N.J.S.A. 2C:12-1a(1) by attempting to or purposely
knowingly or recklessly causing bodily injury

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3.

D.

Simple assault, N.J.S.A. 2C:12-1a(2) by negligently causing bodily
injury to another with a deadly weapon

A law enforcement officer who has been convicted of stalking, or a crime or
disorderly persons offense involving domestic violence may not purchase,
own, possess or control a firearm, and may not be issued a permit to purchase
a handgun or firearms identification card. N.J.S.A. 2C:39-7 & 2C:58-3.

III - 20

SECTION IV
COURT PROCEDURES

4.1

MUNICIPAL COURT PROCEDURE
4.1.1 A Municipal Court judge hearing applications for temporary restraining orders shall:

4.1.2

4.1.3

A.

Be available by telephone when the Superior Court is not in session and
when directed by the Vicinage Presiding Judge of the Municipal Court.

B.

Speak directly with the applicant in person, or by telephone, radio or other
means of electronic communication per Rule 5:7A. Speaking only to the
police officer does not satisfy this rule.

C.

Ensure that the police or staff fully sets forth the victim’s allegations of
domestic violence in the body of the domestic violence complaint, including
past history of domestic violence between the parties, whether reported or
unreported.

D.

Comply with all of the provisions set forth below.

E.

Confirm with the police officer assisting with the TRO whether or not they
are on a taped line. If not on a taped line, the judge must make detailed notes
of the victim’s testimony and the reasons for issuing the TRO and any
weapons seizure.

The judge upon ex parte application shall administer an oath to the applicant and
take testimony regarding:
A.

The alleged domestic violence;

B

The past history of domestic violence between the parties, whether reported
or unreported;

C.

The reason the applicant’s life, health, or well-being is endangered;

D.

Whether defendant possesses or has access to weapons, firearms or a
firearms identification card;

E.

The judge shall state with specificity the reasons for and scope of any search
and seizure to be authorized by the Order (see weapons section).

The judge shall review all available information involving the parties; confirm that
the plaintiff has been informed about legal rights and options and available protective
services, including shelter services, safety plans, etc (see sample safety plan,
Appendix 26); explain to the plaintiff the domestic violence legal procedures;
establish a record, including findings of fact; amend the complaint to conform to the
testimony, where appropriate; inquire as to all relief requested by the applicant to
determine the appropriateness of same; and prepare a case specific TRO, where one
IV - 1

is to be entered. The court should ensure that the victim has been offered the services
of the Domestic Violence Response Team.
4.1.4

The judge or law enforcement officer shall ensure that a tape recording or
stenographic record is made of the testimony; if neither is available, the judge shall
prepare adequate long-hand notes summarizing what has been said by the applicant,
police officer and any witnesses.

4.1.5

Where the Municipal Court judge determines that defendant possesses or has access
to weapons, firearms, a firearms identification card or purchaser permit, the judge
shall also comply with the weapons procedure Section V of this manual.

4.1.6

After hearing testimony from the victim, the judge shall issue or deny the TRO. If
the TRO is denied, the judge shall state the reasons. When a TRO is entered, a return
date for the Final Hearing is to be set within ten (10) days. Whether granted or
denied, the judge should check the appropriate box and sign the TRO or direct the
law enforcement officer to check the box and print the judge’s name on the order as
authorized by Rule 5:7A, or as authorized by E-TRO procedures (Appendix 6).

4.1.7

Contemporaneously, the judge shall issue a written Confirmatory Order (See
Appendix 7) and shall enter the exact time of issuance, as required by Rule 5:7A(b).

4.1.8

When a TRO is granted, copies of the Complaint/TRO shall be provided to:

4.1.9

A.

The victim;

B.

The law enforcement agency of the municipality in which the victim resides
or is sheltered;

C.

The law enforcement agency that will serve the defendant with the
Complaint/TRO;

D.

The Domestic Violence Unit of Superior Court. This copy should be faxed
immediately, or sent via electronic mail, where E-TRO procedures are in
place; and,

E.

The Municipal Court judge.

When a TRO is denied, the plaintiff shall receive a copy of the Complaint/TRO but
the defendant shall not. It shall be forwarded to the Domestic Violence Unit of the
Family Division.

4.1.10 When the defendant is arrested for a crime or offense arising out of a domestic
violence situation, the Municipal Court judge or court administrator shall fix bail
when requested to do so pursuant to Rule 5:7A-1 and N.J.S.A. 2B:12-21a, except
when a Superior Court Judge must set bail pursuant to Rule 3:26-2(a).
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4.1.11 When the Superior Court is closed, the Municipal Courts must be accessible to
victims in need of emergent relief. Each Municipal Court shall ensure that there is
adequate backup coverage for domestic violence cases and other emergent matters
for each Municipal Court in that vicinage. The Court Administrator of each
Municipal Court in each vicinage should provide the police or other law enforcement
officers covering that municipality with a list of names and phone numbers (in order
of priority) to be contacted in domestic violence cases, starting with the sitting
Municipal Court judge, the back up judge, the Presiding Judge of the Municipal
Court (where applicable) and the emergent duty Superior Court judge.
4.1.12 Municipal Court Costs. Municipal Court costs shall not be imposed against a
plaintiff/complainant who seeks the dismissal of a disorderly or petty disorderly
complaint arising out of a domestic violence matter except if imposed pursuant to
N.J.S.A. 2B:12-24.
4.2

SUPERIOR COURT, FAMILY DIVISION PROCESSING
During court hours for Domestic Violence matters (Monday through Friday, 8:30 AM to at
least 3:30 PM), a victim of domestic violence will be referred to the Superior Court, Family
Division to sign a domestic violence complaint. When a criminal complaint is also signed, it
is to be processed separately for investigation and prosecution through the
Criminal/Municipal Courts.

4.3

TAKING A COMPLAINT IN SUPERIOR COURT, FAMILY DIVISION
4.3.1

When a victim arrives, the victim should be directed to the Domestic Violence Unit.
A victim shall be given a Victim Information Sheet (VIS) to complete (See Appendix
1). At this time, the victim should be fully informed about her/his right to file a
criminal complaint, a domestic violence complaint, or both types of complaints. The
victim should be told about the differences between the two proceedings and about
the relief available under each. The victim can then make an informed decision based
on her/his own needs and a clear understanding of the options available.

4.3.2

The victim should be assisted and accompanied by a victim advocate whenever
possible. A victim advocate should be available to speak with all victims or potential
victims at all stages of the court process. The victim advocate should be given as
much support as possible (e.g. space for interviewing, immediate referrals), as well
as access (with the victim) to the courtroom. The victim advocate should be advised
when every initial intake or application for dismissal is presented to offer assistance
to the victim at this early stage in the process. When a victim advocate is not
available, courts, police, prosecutors and law enforcement should have contact names
and numbers readily available to give to all victims, preferably in the form of a card
or pamphlet.

4.3.3

A domestic violence staff person shall interview the victim in a private area and
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advise and inform the victim of rights, options and appropriate referrals.
4.3.4

Based upon the information provided by the victim on the VIS, the staff person will
search FACTS for both parties’ history and case history. The case is established and
docketed on FACTS, where appropriate, which results in the production of the
Complaint/TRO. The party case history should be made part of the court’s file. If it
is determined while searching FACTS that plaintiff has an active restraining order
against defendant or that taking a complaint is inappropriate for any other reason, the
complaint should not be docketed.

4.3.5

Staff should be certain that the victim’s allegations are fully set forth in the body of
the domestic violence complaint, as well as any prior history or acts of domestic
violence, whether or not reported.

4.3.6

The determination of whether the incident constitutes domestic violence is a legal
issue to be determined by a judge or Domestic Violence Hearing Officer (DVHO). A
victim should rarely be turned away. Legal sufficiency or jurisdiction, applicability
of definitions such as “household member” or “dating relationship,” or the
appropriateness of using the domestic violence process to address a particular
problem are all decisions for a judge or DVHO. Screening by staff should be
concentrated on information gathering, and only those cases that clearly fall outside
the scope of the law should be rejected at the staff level. In these situations, the
rejection of a complaint by staff should be reviewed by a supervisor who should
ensure that appropriate alternate remedies are explained to the victim.

4.3.7

When available and in appropriate cases, a victim can choose to have their complaint
heard by a DVHO. Proceedings before a DVHO shall be in accordance with the
approved DVHO Standards (See Appendix 3). Those cases that are not heard by a
DVHO shall be brought to a judge.

4.3.8 When a TRO is not recommended by the DVHO, the DVHO must advise the
plaintiff of his/her option to see a judge for a hearing de novo, in accordance with the
DVHO Standards.
4.3.9

The judge or DVHO must follow Section 5.10 regarding weapons if there is any
allegation that the defendant owns or has access to a weapon(s), a firearms
identification card or permit to purchase a handgun.

4.3.10 When an applicant seeks a TRO, she or he must be asked if he or she wishes to
request ongoing child support at the FRO hearing. If he or she wishes to pursue this
relief, Intake must provide the applicant with a IV-D application to be completed
during the intake process. Parts E–H should be placed in the court file. Parts A-C
should be provided to the Plaintiff as reference information.
4.3.11 The appropriate reliefs should be added to FACTS (i.e., paternity and/or child
support.) If paternity has not been previously established for the child(ren), a request
to establish paternity at the final hearing must be entered on line 13 of the TRO.
IV - 4

Paternity need not be established if the parties are married or if a legal determination
of paternity has been made previously. If a Certificate of Paternity has been signed,
this can be indicated on the TRO and a copy maintained in the file.
4.3.12 When a child support obligation is established, the information regarding paternity
and the monetary amount must be entered on both the FRO and the Uniform
Summary Support Order (USSO, Appendix 31). Paternity determination is required
to be recorded on the FRO at line 1 of Part 2 relief and on the appropriate check-off
boxes on the USSO.
4.3.13 When a defendant comes to the Intake Office, FACTS should be searched to
determine if service of the FRO and the USSO has been accomplished. If these
orders have not been served on defendant, service shall be documented by requesting
the defendant to sign the orders or court staff may initial the orders with the current
date indicating that the defendant received the orders. Service by a law enforcement
officer is documented by signature on the FRO.
4.4

ACCESS IN SPECIAL CIRCUMSTANCES
4.4.1

Victims shall personally appear during regular court hours. A procedure shall be
implemented by the Family Division Manager to allow victims to obtain emergent
relief through telephonic contact with a judge pursuant to Rule 5:7A where a victim
is unable to personally appear. Telephonic testimony may be permitted at the TRO
or FRO hearing in the discretion of the court.

4.4.2

If a victim is physically or mentally incapable of filing personally, a judge may issue
a temporary restraining order requested by a person who represents the applicant
provided the judge is satisfied that (1) exigent circumstances exist to excuse the
failure of the applicant to appear personally and (2) that sufficient grounds for
granting the application have been shown.

4.4.3

The Family Division shall be prepared to accept domestic violence complaints until
at least 3:30 PM during days when the Superior Court is in session. The regular
business hours of the Domestic Violence Unit or other office accepting domestic
violence complaints shall be clearly posted and disseminated to all Municipal Courts
and law enforcement personnel in the vicinage. See sections 2.2.2 and 2.2.3.

4.4.4

There are occasions when a person seeking to file a domestic violence
Complaint/TRO arrives too late in the day for it to be processed and heard during
regular court hours. During the interim period between the Domestic Violence Unit’s
close of business and when the courthouse actually closes, victims shall not be turned
away. Each county shall develop a procedure in such instances for either in-person
or telephonic communication under Rule 5:7A between the victim and an on-site or
emergent duty judge, so that the request for emergent relief can be handled without
the necessity of the victim having to go to the local police station or the Municipal
Court.
IV - 5

4.4.5

4.5

On weekends, holidays or during those hours when the Superior Court is not in
session, a victim should be referred to local law enforcement officials, so that her/his
Complaint/TRO can be processed by a law enforcement officer and heard by a
Municipal Court judge.

INITIAL/EMERGENT HEARING
4.5.1

Once a domestic violence victim has been interviewed and the necessary paperwork
has been processed and is ready for court, every effort should be made for the case to
be heard within one hour.

4.5.2

In those cases where both parties appear at the courthouse and each seeks a
temporary restraining order against the other, a judge should hear each
Complaint/TRO separately and grant relief where appropriate. The same judge
should consider these complaints to ensure that the orders do not contain conflicting
provisions for such matters as possession of the residence and custody of the
children.

4.5.3

At the initial hearing, the court upon ex parte application shall administer an oath to
the applicant and take testimony regarding (a) the alleged domestic violence; (b) the
past history of domestic violence between the parties, if any; (c) the reason the
applicant’s life, health, or well-being is endangered; (d) whether firearms or weapons
are present or available to the defendant; and shall (e) state with specificity the
reasons for and scope of any search and seizure authorized by the Order (See Section
on Weapons); and (f) make general inquiry as to all relief requested by the applicant
to determine the appropriateness of same.

4.5.4

The judge or DVHO shall review all related case files involving the parties; ensure
that plaintiff is informed about legal rights and options and available protective
services, including shelter services, safety planning, etc.; explain to the plaintiff the
domestic violence legal process and procedures; establish a record, including
findings of fact and conclusions of law forming the basis of any determination; rule
on the admissibility of evidence; amend the complaint to conform to the testimony,
where appropriate; and prepare a comprehensive case specific TRO, where one is to
be entered. When a TRO is granted, the order must be completed and signed in
accordance with Rule 5:7A.

4.5.5

After hearing testimony from the victim, the judge will issue or deny the TRO,
setting forth the reasons therefore. Unless the judge denies the TRO and dismisses
the Complaint/TRO, a return date for the Final Hearing is to be set within ten (10)
days.

4.5.6

When a TRO is granted, the Order must be completed and signed by the judge.
Copies shall be provided to:

IV - 6

4.5.7

A.

The victim;

B.

The law enforcement agency of the municipality in which the victim resides
or is sheltered; and

C.

The law enforcement agency which will serve the defendant with the
Complaint/TRO.

When a TRO is not granted, the court must check the box stating that the TRO was
denied and sign the order. This automatically dismisses the Complaint/TRO. (NOTE:
If the TRO is denied, no copy of the Complaint/TRO is to be provided to the
defendant. If a later TRO refers to the prior complaint, a copy of the prior complaint
can be provided to the defendant upon request even though the prior complaint was
dismissed.)
If after the entry of a TRO, the plaintiff returns to court to amend the
TRO/Complaint, an amended complaint containing the additional allegation(s)
should be taken. The defendant shall be served with the amended TRO complaint in
accordance with the procedures in section 4.6. If the defendant has not been served
with the amended complaint prior to the Final hearing an adjournment may be
granted and a continuance order or amended TRO be issued if defendant needs
additional time to prepare.

4.6

PROCEDURES FOR SERVICE OF COMPLAINT/TRO/FRO
4.6.1

The Complaint/TRO shall be served on the defendant by personal service,
immediately following the entering of such order. This service is effectuated by the
procedures outlined in each county, through the Municipal or State police, Sheriff’s
Department or both. Substituted service is permitted only by specific court order.

4.6.2

The Sheriff’s Officer or court staff member will provide the plaintiff two copies of
the Complaint/TRO. The plaintiff may, but is under no circumstances required, to
provide a copy to the police department or residence or where sheltered. The plaintiff
shall be advised to keep a copy of the TRO on with them at all times.

4.6.3

If the parties reside together and the defendant is being removed from the home, the
plaintiff will be instructed to report to the appropriate law enforcement agency for
accompaniment to the residence if appropriate.

4.6.4

The Family Division, Domestic Violence Unit must immediately fax a copy of the
Complaint/TRO to the municipality where the defendant resides or may be served,
and to all law enforcement agencies that can or may assist in the service and
enforcement of the Order. This can be specified in the Comments section of the
TRO.

IV - 7

At no time shall the plaintiff be asked or required to serve any order on the
defendant. N.J.S.A. 2C:25-28.
4.6.5

4.7

Once service on the defendant is attempted (successfully or unsuccessfully), the
return of service portion of the TRO must be completed by the appropriate law
enforcement agency and immediately faxed to Family Court (Domestic Violence
Unit) and if issued by a Municipal Court, the court which issued the TRO. The
original shall be returned to the Domestic Violence Unit.

SERVICE OUT OF COUNTY
4.7.1 When a temporary or final restraining order is issued that requires service outside the
issuing county, the restraining order must immediately be brought or faxed to the
Sheriff’s Department or other designated law enforcement agency in the issuing
county.
A.

The Sheriff’s Department or other designated law enforcement agency in the
issuing county must bring or fax the order and related documents to the
sheriff’s department or other designated law enforcement agency in the
county of the defendant’s residence or business.

B.

The Sheriff’s Department or other designated law enforcement agency in the
receiving county, pursuant to local policy, will either:

C.

(1)

Execute service on the defendant, or

(2)

Immediately bring or fax the order and related documents to the
sheriff or other designated law enforcement agency in the
municipality in which the defendant resides or works so that it can
execute service accordingly.

The return of service should then be faxed back to the sheriff’s department or
other designated law enforcement agency in the issuing county, which in turn
must immediately deliver or fax the return of service to the Family Division
in the issuing county.

4.7.2 Once service on the defendant is attempted, successfully or unsuccessfully, the return
of service portion of the TRO must be filled out by the sheriff’s department or other
designated law enforcement agency and immediately faxed or returned to the Family
Division prior to the scheduled final hearing date.
4.7.3

When an order must be served on a defendant who is out-of-state, the law
enforcement officer or agency or court staff should contact the State Police or Family
Court in the other state to determine the procedures for service in that state
(Appendix 29 and 30).

IV - 8

4.8

4.9

APPEALS OF EX PARTE ORDERS
4.8.1

N.J.S.A. 2C:25-28(i) provides that any TRO is immediately appealable by plaintiff or
defendant for a plenary hearing de novo, not on the record below, before any
Superior Court, Family Division Judge in the county where the TRO was entered if
that judge issued the temporary order or has access to the reasons for the issuance of
the TRO and sets forth on the record the reason for the modification or dissolution.

4.8.2

Upon receipt of a request for an emergent appeal, staff shall obtain the reasons for
the request of appeal and assist the appealing party in completing the “Appeal of Ex
Parte Order” (See Appendix 8), and present the request with the file to the judge for
consideration.

4.8.3

If the application is granted, an emergent hearing will be scheduled with adequate
notice to both parties as to the purpose of the hearing and the issues to be addressed.
The judge must place the reasons for continuing, modifying or dissolving the TRO
on the record.

4.8.4

If the application is denied, the reasons shall be set forth by the judge on the “Appeal
of Ex Parte Order” form and the FRO hearing will proceed as initially scheduled.

PROCEDURES FOR FINAL HEARINGS
4.9.1

A final hearing must be scheduled within ten days of the filing of the
Complaint/TRO in the county where the Complaint/TRO was issued unless good
cause is shown for the hearing to be held elsewhere. Each county shall provide the
police and Municipal Courts with the designated days and times for final hearings.

4.9.2

If the return of service on the defendant has not been received by the day before a
final hearing, a designated domestic violence team member shall check with the
appropriate law enforcement agency responsible for service (such as sheriff or local
police) to ascertain whether the defendant was successfully served. The return of
service portion of the TRO must be immediately faxed to the domestic violence team
by law enforcement.

4.9.3

The Continuance Order may be used when a new date must be scheduled and there
are no substantive changes to the TRO. When substantive changes, including
amendments to the complaint, are needed, an Amended TRO shall be used, which
shall set forth the changes. The TRO must be attached to the Continuance Order for
service. If the defendant has been served with the TRO, notice of the new date may
be made by mail, if an address is known.

4.9.4

Any defendant who qualifies under the Servicemembers Civil Relief Act, 50 U.S.C.
501, et. seq., is entitled to have the proceedings stayed while the member is either in
military service or within 90 days after termination or release from such service for a
servicemember who has received notice of such proceedings, if the court receives a

IV - 9

letter or other communication: (1) stating that current duty requirements materially
affect the servicemember’s ability to appear; or (2) from the servicemembers
commanding officer stating that current duties prevent the servicemember’s
appearance and that military leave is not authorized. This also permits a
servicemember granted a stay from such proceedings to apply for an additional stay
based on continuing material effect of military duty on the ability to appear. This
shall be entered into FACTS as an extended TRO.
The restraining order shall stay in effect until such stay is lifted.
4.9.5 Nonappearance By Either Party: If no one appears for the final hearing, a domestic
violence team member shall attempt to contact the plaintiff and defendant and collect
as much information as practicable about the reasons for nonappearance and present
same to the court for consideration prior to the dismissal of any Order.
The matter shall be rescheduled where there is no appearance by either party
unless the court is fully satisfied that a dismissal meets the standards as set forth on
the Order of Dismissal (See Appendix 14).
4.9.6

Nonappearance by the plaintiff: The domestic violence team member shall attempt to
contact the plaintiff to collect as much information as practicable about the plaintiff’s
nonappearance and present the information to the court. Communications about the
plaintiff shall be made outside the presence of the defendant. The file and notes
reflecting the findings shall then be brought to the judge. If only the defendant
appears, [s]he should be questioned under oath concerning knowledge of the
plaintiff’s whereabouts. The court shall inquire if the defendant caused or is
responsible for the nonappearance of the plaintiff.
If (1) the plaintiff can be contacted, and (2) the judge is satisfied (after
hearing both parties’ explanations) that the plaintiff’s failure to appear was not the
result of coercion and duress, and (3) the findings required as per the Order of
Dismissal were made, the court may issue an Order of Dismissal. If not, or if the
plaintiff cannot be contacted, the matter shall be rescheduled.
Any dismissal order shall be without prejudice, and any Order of Dismissal or
order modifying the TRO shall be faxed or otherwise transmitted to the applicable law
enforcement agency.

4.9.7

Warrants shall not be used to secure the presence of the plaintiff in court under any
circumstances when the plaintiff has failed to appear or has allowed the defendant
back into the residence.
When a plaintiff is unable to appear at the final hearing for good cause
shown, arrangements shall be made for a telephonic appearance on the record.

IV - 10

4.9.8

Nonappearance by the Defendant: If only the plaintiff appears, the plaintiff’s request
for relief should be identified in accordance with the domestic violence procedures.
A.

Where the defendant does not appear at the final hearing, and proof of
service has been provided, the court should proceed with the final hearing
and may enter a final order in default.

B.

If the court file does not contain proof of service, the court should conduct a
hearing in the presence of the plaintiff to determine the following:

C.



Whether the plaintiff has seen the defendant in the court house or
knows of the defendant’s whereabouts;



Whether the plaintiff is aware of whether the defendant was served
and the basis for such knowledge;



Whether the defendant has had any contact with the plaintiff since
execution of the temporary restraining order; and



Whether the same or different conditions exist in comparison to those
at the time of the initial hearing.

If the court determines that the defendant had actual knowledge of the
restraining order and hearing date, after making such finding on the record,
the court may proceed with the final hearing and may enter a final order by
default.

4.9.9 Defendant Not Served: If the court determines that the defendant has not been served
but finds there is reasonable likelihood of service on the defendant within a
reasonable amount of time (e.g. the defendant’s whereabouts are known, but the
defendant is on vacation), a short postponement shall be granted and a date certain
scheduled, which shall be memorialized in a Continuance Order (See Appendix 9) or
Amended TRO. The Continuance Order shall be served on the defendant with the
Complaint/TRO.
In the event that it is unlikely the defendant can be served within a reasonable
period of time, then the court can issue an indefinite TRO. This TRO shall continue
the reliefs requested by the plaintiff until further order of the court and contain a
provision that a final hearing shall be rescheduled upon service on the defendant.
The case will be recorded as disposed of in FACTS with the case status reason code
of “extended TRO.”
4.10

APPEARANCE BY BOTH PARTIES
4.10.1 When both parties appear for a Final Hearing, the victim and defendant should be
kept in different locations and directed to the appropriate intake or waiting area for
IV - 11

case processing by the domestic violence unit. Separate waiting areas must be
available for victims to avoid potential contact, intimidation, or additional violence
or victimization.
4.10.2 Information Gathering
A.

A domestic violence staff person should meet with each party, separately,
prior to court to review identifying information and to determine if the case is
likely to be a contested trial or a dismissal. The domestic violence staff
person should review with the plaintiff what relief is being sought and
explain the procedure to be followed in a trial, including the right to call
witnesses and present evidence. In addition, a victim advocate should be
available to confer with the plaintiff before the court session.

B.

Court staff shall not meet with the parties together or conduct mediation of
any sort on any issue, such as custody or parenting time, per N.J.S.A. 2C:2529a(6) and Rule 1:40-5(a).

C.

If support is being sought as a relief, staff should ensure that both parties
have completed the required forms with complete identifying and financial
information. Staff support should be provided to the judge to calculate Child
Support Guidelines.

D.

Counsel for the parties may participate in the staff held meetings. No party
shall be required to meet with opposing counsel without his/her clear, express
consent.

4.10.3 No Mediation. There shall be no mediation of any kind in domestic violence cases.
4.10.4 Request for Continuance. The court may grant an adjournment or continuance if
either party requests an adjournment for the purpose of obtaining or consulting with
an attorney, securing witnesses, or other good cause, unless the delay would create
an extreme hardship on the other party, or there has been an inordinate delay in
seeking counsel.
4.10.5 Court Files. At the time of the Final Hearing, the court’s file should contain the
Complaint/TRO; the Victim Information Sheet; FACTS history of the parties and
children; and prior domestic violence history, if any; and relevant financial, social
and criminal record history.
4.10.6 Confidentiality. All records maintained pursuant to the PDVA are confidential as
specified by N.J.S.A. 2C:25-33. However, all court proceedings under the Act are
open unless closed by the court in accordance with the Rules.
4.11

TRANSFER OF MATTERS BETWEEN COUNTIES

IV - 12

Pursuant to N.J.S.A. 2C:25-29 and Rule 5:7A, a final hearing is to be held “in the county
where the ex parte restraints were ordered, unless good cause is shown for the hearing to be
held elsewhere.” A Domestic Violence matter may be transferred between vicinages by order
of the presiding judge or his or her designee in the following situations:
A.

Plaintiff or defendant works in family court in the original county of venue,
consistent with the judiciary “Policy and Procedures for Reporting Involvement in
Criminal/Quasi- Criminal Matters”;

B.

There is an FM or FD matter pending in the other county;

C.

The filing of the TRO and FRO are where the act(s) occurred but plaintiff or both
parties reside in another county, upon application by either party;

D.

Such other matters for good cause shown.

See also Directive #3-05, “Intercounty Child Support Case Management Policy.”
4.12

FINAL HEARING
A final hearing is described in N.J.S.A. 2C:25-29a as follows:
A hearing shall be held in the Family Division of the Chancery Division of
the Superior Court within 10 days of the filing of a complaint pursuant to
section 12 of this act in the county where the ex parte restraints were ordered,
unless good cause is shown for the hearing to be held elsewhere. A copy of
the complaint shall be served on the defendant in conformity with the Rules
of Court. If a criminal complaint arising out of the same incident that is the
subject matter of a complaint brought under N.J.S.A. 2C:25-28a has been
filed, testimony given by the plaintiff or defendant in the domestic violence
matter shall not be used in the simultaneous or subsequent criminal
proceeding against the defendant, other than domestic violence contempt
matters and where it would otherwise be admissible hearsay under the Rules
of Evidence that govern unavailable parties. At the hearing the standard for
proving the allegations in the complaint shall be by a preponderance of the
evidence. The court shall consider but not be limited to the following
factors:
(1)

The previous history of domestic violence between the plaintiff and
defendant including threats, harassment and physical abuse;

(2)

The existence of immediate danger to person or property;

(3)

The financial circumstances of the plaintiff and defendant;

(4)

The best interests of the victim and any child;
IV - 13

(5)

In determining custody and visitation, the protection of the victim’s
safety; and

(6)

The existence of a verifiable order of protection from another
jurisdiction.

When the allegations in the plaintiff’s complaint are incomplete and/or it becomes
evident at the final hearing that the plaintiff is seeking a restraining order based upon acts
outside the complaint, the court, either on its own motion or on a party’s motion, shall amend
the complaint to include those acts, which motion shall be freely granted. Due process
requires that the judge make an inquiry as to whether the defendant needs additional time to
prepare in light of the amended complaint. A brief adjournment may be required if the judge
determines that the defendant did not have adequate notice and needs time to prepare. If an
adjournment is granted, a continuance order or an amended TRO shall be entered.
If there is a verifiable order for protection from another state and the court has
jurisdiction over the defendant then the acts of violence that lead to that Order may be
viewed as providing adequate basis for the issuance of like restraints in New Jersey, without
a need for alleging additional acts of violence (See Section VII on Full Faith and Credit.)
4.13

DISPOSITIONS
4.13.1 Following a final hearing, the court should either enter an FRO with appropriate
relief upon a finding of domestic violence, or an admission of an act of domestic
violence by the defendant; or, dismiss the Complaint/TRO and dissolve all restraints
if domestic violence has not been established; or, if appropriate, adjourn the final
hearing and continue the restraints on an interim basis until a final determination can
be made.
4.13.2 The court only has jurisdiction to enter restraints against a defendant after a finding
by the court or an admission by the defendant that the defendant has committed an
act(s) of domestic violence. A defendant’s admission or stipulation to committing an
act of domestic violence must comply with the following:
A.

The parties must be sworn before any action is taken on the complaint,
particularly when one or both of the parties appear pro se;

B.

The defendant must provide a factual basis for the admission that an act of
domestic violence has occurred; and

C.

Where it becomes clear that defendant does not agree that the conduct
constituted an act of domestic violence, the hearing must proceed.

4.13.3 If prior to or during the final hearing, a defendant alleges that the plaintiff committed
an act(s) of domestic violence, defendant should be instructed to file a separate
IV - 14

domestic violence Complaint/TRO. The complaint should receive a separate docket
number and, if practicable, both cases should be heard that day unless continued for
good cause.
4.13.4 Where each party has a separate Complaint/TRO: If both parties admit to or are
found to have committed an act or acts of domestic violence, a final order must be
entered on each separate docket number where each party is the defendant. “Mutual
Restraints” cannot be issued on a single restraining order.
4.14

REMEDIES AVAILABLE UNDER THE ACT
Following a hearing and a finding of domestic violence, the court may issue an order
granting any or all of the following relief, including any relief “necessary to prevent further
abuse,” pursuant to N.J.S.A. 2C:25-29b.
4.14.1
4.14.2
4.14.3
4.14.4
4.14.5
4.14.6
4.14.7
4.14.8
4.14.9
4.14.10
4.14.11
4.14.12
4.14.13
4.14.14
4.14.15

Weapons
Further acts of violence
Exclusive possession of residence
Parenting Time and Risk Assessments
Monetary compensation, including support
Professional domestic violence counseling
Restraints from certain locations
Communication restraints
Other support and personal property
Temporary custody
Law enforcement accompaniment
No in-house restraints
Any other appropriate relief, including monitoring that relief
Prohibition from possessing weapons
Prohibition against stalking

4.14.1 Weapons – In addition to any other provisions, any restraining order issued by the
court shall bar the defendant from purchasing, owning, possessing or controlling a
firearm and from receiving or retaining a firearms purchaser identification card or
permit to purchase a handgun pursuant to N.J.S.A. 2C:58-3 during the period in
which the restraining order is in effect, or two years whichever is greater, except that
this provision shall not apply to any law enforcement officer while actually on duty,
or to any member of the Armed Forces of the United States or member of the
National Guard while actually on duty or traveling to or from an authorized place of
duty. [N.J.S.A. 2C:25-29b, effective January 14, 2004.]
4.14.2 Further acts of violence – An order restraining the defendant from subjecting the
victim to domestic violence, as defined in this act. [N.J.S.A. 2C:25-29b(1).]
4.14.3 Exclusive possession of residence – An order granting exclusive possession to the
plaintiff of the residence or household regardless of whether the residence or
IV - 15

household is jointly or solely owned by the parties or jointly or solely leased by the
parties. This order shall not in any manner affect title or interest to any real property
held by either party or both jointly. If it is not possible for the victim to remain in the
residence, the court may order the defendant to pay the victim’s rent at a residence
other than the one previously shared by the parties if the defendant is found to have a
duty to support the victim and the victim requires alternative housing. [N.J.S.A.
2C:25-29b(2).]
4.14.4 Parenting Time and Risk Assessments - An order providing for parenting time. The
order shall protect the safety and well-being of the plaintiff and minor children and
shall specify the place and frequency of parenting time. Parenting time arrangements
shall not compromise any other remedy provided by the court by requiring or
encouraging contact between the plaintiff and defendant. Orders for parenting time
may include a designation of a place of parenting time away from the plaintiff, the
participation of a third party, or supervised parenting time. [N.J.S.A. 2C:25-29b(3).]
The court shall consider a request by a custodial parent who has been
subjected to domestic violence by a person with parenting time rights to a child in
the parent’s custody for an investigation or evaluation by the appropriate agency to
assess the risk of harm to the child prior to the entry of a parenting time order. Any
denial of such a request must be on the record and shall only be made if the judge
finds the request to be arbitrary or capricious. [N.J.S.A. 2C:25-29b(3)(a).]
The custodial parent can request an assessment of risk of harm to the child or
children posed by unsupervised parenting time with the defendant prior to the entry
of an order for parenting time. When this request is noted as a desired form of relief
on the Complaint/TRO, or when the request is made either at the emergent or final
hearing, a risk assessment must be ordered unless, on the record, the judge finds the
request to be arbitrary or capricious and thus denies the request.
Risk Assessment reports must be completed on the “Visitation Risk
Assessment Sheet” (See Appendix 15) and may be completed by in-court
professional staff person or by an outside professional. The assessment shall serve as
a minimum standard for assessing the potential risk of harm to children posed by
establishing a parenting time schedule with the defendant. The order for a Risk
Assessment should also prompt the setting of a return date before the court in
approximately three weeks. The Risk Assessment report should be completed prior
to the scheduled date and provided to the parties and counsel along with a
“Protective Order” pursuant to the standards adopted by the Judiciary (See Appendix
16).
If interim parenting time is ordered during the initial three week period, and
the vicinage has a court-sponsored or approved supervised visitation site, the
parenting time should be supervised by an individual designated by the court or
through the auspices of the supervised parenting time program and should have clear
instructions regarding the arrival and departure of the victim, children and defendant

IV - 16

so as not to compromise the safety of the victim in any way. Security must be
available at the parenting-time site, and the individual(s) who is (are) supervising the
parenting time must be advised as to the emergency procedures that must be
employed if a particular parenting time session appears dangerous. If the Risk
Assessment has not been completed before the return date, the court may enter an
interim order to continue supervised visitation or hold the hearing to consider any
additional applications or evidence that relates to the issue of parenting time.
The court shall consider suspension of the parenting time order and hold an
emergency hearing upon an application made by the plaintiff certifying under oath
that the defendant’s access to the child pursuant to the parenting time order has
threatened the safety and well-being of the child. [N.J.S.A. 2C:25-29b(3)(b).]
Pursuant to N.J.S.A. 2C:25-29b(3)(b), a plaintiff in a domestic violence
matter may, as a form of pre- or post-dispositional relief, request that an order for
parenting time issued pursuant to N.J.S.A. 2C:25-29b(3) be suspended. A hearing
must then be held upon the plaintiff’s application that the defendant’s continued
access to the child or children pursuant to the parenting time order has threatened the
safety and well-being of the child or children.
This request may be made immediately upon the entry of an order for
parenting time or at any point subsequent to the entry of such an order.
4.14.5 Monetary Compensation, including Support - An order requiring the defendant to
pay to the victim monetary compensation for losses suffered as a direct result of the
act of domestic violence. The order may require the defendant to pay the victim
directly, to reimburse the Victim of Crime Compensation Agency for any and all
compensation paid by the Victim of Crime Compensation Agency directly to or on
behalf of the victim, and require that the defendant reimburse any parties that may
have compensated the victim, as the court may determine. Compensatory losses
shall include, but are not limited to, loss of earnings or other support, including child
or spousal support, out-of-pocket losses for injuries sustained, cost of repair or
replacement of real or personal property damaged or destroyed or taken by the
defendant, cost of counseling for the victim, moving or other travel expenses,
reasonable attorney’s fees, court costs, and compensation for pain and suffering.
Where appropriate, punitive damages may be awarded in addition to compensatory
damages. [N.J.S.A. 2C:25-29b(4).]
Each county shall establish a procedure for the collection and distribution of
emergent monetary relief, whether ordered by the Superior Court or Municipal
Court. Special care should be taken to avoid the entry of an order that requires the
victim to have contact with the defendant in order to receive money under this
section. Courts. Courts should give consideration to all forms of monetary relief
listed in the statute, above.

IV - 17

Support may be ordered in an FRO pursuant to N.J.S.A. 2C:25-29b (4) and
(10), which provides for both emergent monetary relief that includes emergency
support for minor children and compensatory losses in the form of child or spousal
support. An order for emergency monetary relief or child support or spousal support
may be entered without prejudice to a pending dissolution case, particularly when
done on an ex parte basis. Monetary compensation in the form of ongoing support
utilizing the child support guidelines, where applicable, should be issued at the final
hearing if the court is able to consider testimony. All child support shall be paid by
income withholding from any source of funds or income.
4.14.6 Professional domestic violence counseling - An order requiring the defendant to
receive professional domestic violence counseling from either a private or courtappointed source and, in that event, at the court’s discretion requiring the defendant
to provide the court at specified intervals with documentation of attendance at the
professional counseling. The court may order the defendant to pay for the
professional counseling. [N.J.S.A. 2C:25-29b(5).]
This section permits the court to order the defendant into a batterers
intervention program as part of the professional domestic violence counseling option.
Victims shall never be ordered into counseling of any kind.
4.14.7 Restraints from certain locations - An order restraining the defendant from entering
the residence, property, school, or place of employment of the victim or other family
or household members of the victim and requiring the defendant to stay away from
any specified place that is named in the order and is frequented regularly by the
victim or other family or household members. [N.J.S.A. 2C:25-29b(6).]
A victim shall not be required to disclose any residence or place of
employment nor shall the court require such disclosure on the record. The FRO
should include (where appropriate) specific names and addresses identifying the
locations from which the defendant is barred and the people that the defendant is
restrained from contacting, communicating with, harassing, or stalking.
4.14.8 Communication restraints - An order restraining the defendant from making contact
with the plaintiff or others, including an order forbidding the defendant from
personally or through an agent initiating any communication likely to cause
annoyance or alarm including, but not limited to, personal, written, or telephone
contact with the victim or other family members, or their employers, employees, or
fellow workers, or others with whom communication would be likely to cause
annoyance or alarm to the victim. [N.J.S.A. 2C:25-29b(7).]
4.14.9 Other support and personal property - An order requiring that the defendant make or
continue to make rent or mortgage payments on the residence occupied by the victim
if the defendant is found to have a duty to support the victim or other dependent
household members; provided that this issue has not been resolved or is not being
litigated between the parties in another action. [N.J.S.A. 2C:25-29b(8).]
IV - 18

An order granting either party temporary possession of specified property,
such as an automobile, checkbook, documentation of health insurance, an
identification document, a key, and other personal effects.
An order awarding emergency monetary relief, including emergency support
for minor children, to the victim, and other dependents, if any. An ongoing
obligation of support shall be determined at a later date pursuant to applicable law.
[N.J.S.A. 2C:25-29b(10).]
The court should determine, where necessary, the issue of paternity and the
duty to support. If the defendant has a duty to support, as established by a prior
finding of paternity, a Certificate of Paternity, an admission of paternity, or a
presumption of paternity based on marriage, the court should review the available
information, apply the Child Support Guidelines if appropriate and enter a support
order payable through income withholding. The order should be referenced in the
FRO and entered on the two page support order form, payable and enforced through
probation. In the event paternity of defendant is not established, any money paid for
child support may be refunded to the defendant in accordance with applicable case
law. The method by which the court determined paternity shall be indicated on the
order.
If paternity has not been established, the court may order genetic testing and
employ the same procedures used by the county in FD matters. In this instance the
judge should enter an FRO including all of the other reliefs and restraints. This case
will be “disposed” in FACTS with a standing FRO. When the results of the genetic
test are received, the case should be reopened on the court’s motion for a hearing on
the paternity and support issues. All proceedings are held on the FV docket before a
judge.
Following the entry of an order under the FV docket, all subsequent
applications between the parties involving paternity, custody, parenting time and
support shall be taken and heard under the FV docket. A separate FD complaint
should not be opened to address these issues. However, this section should not be
construed to prevent a party from filing a dissolution complaint.
If an FRO has been entered with relief granted and there is an FD which has
been filed but no orders yet entered, the FD will be dismissed and all subsequent
applications/modifications (e.g., support, custody, parenting time) shall be made
under the FV, so long as the FV is still in effect. If there is a pending FM, all reliefs
except the restraints shall be incorporated into the FM with the restraints continuing
in the FV docket and on the FRO. Subsequent applications or modifications for
support, custody or parenting time should take place within the FM docket number.
The FV should be reopened and modified as needed so the FM and FV are
consistent.

IV - 19

After support has been entered on the FV, an application to dismiss the FRO
and continue the support order should be addressed pursuant to the procedures in the
FD manual (section 1104) to ensure that the support continues.
In processing an FV case where there is an existing FD case, the following
provisions of the FD manual should be employed. The following is what is stated in
Section 1104 of the Non-Dissolution Manual, Standing/Pre-Existing FD Order Prior
to an FV Case which has been approved by the Conference of Family Presiding
Judges:
If there exists a previous FD order addressing custody/parenting
time and/or child support, prior to the filing of a domestic violence
action, that order shall be preserved under the FD docket. The FD
court file must be forwarded to the judge hearing the FRO or
continued TRO for review and any adjustment to the FD order to
insure conflicting orders do not exist. The FD order should be
referenced in the FV order to insure all affected parties, divisions and
agencies are aware of the multiple orders. The FD file shall be joined
to the FV file for as long as the FV case is active. For tracking
purposes, a comment should placed in FACTS indicating that the FD
court jacket is with the FV team. The FV team should link the cases
in FACTS to so that the FD and FV cases are scheduled at the same
time for any future court action.
When any party wishes to file for a modification of the FD order
during the life of the domestic violence restraining order, that case
must be heard by the judge hearing the current FV matter. Parties
should be referred to the FV team for scheduling of their FD case
while the restraining order is active. A reference to the FV restraining
order should be visible on any revised FD order and provided to all
entities that might be affected by the revision (i.e., parties, child
support enforcement, supervised visitation).
If the FV action is dismissed the judge will determine the
continued status of the FD order and note that determination on the
FV dismissal order, and on a new FD order, if necessary. At that
time the jacket shall be returned to the FD team and noted in FACTS
case comments.
If the FV case has child support, the Probation Division should be
sent copies of all modified FRO and indefinite TRO orders. If the
retraining order is dismissed, the DV indicator must be updated by
Family staff and a copy of the dismissed restraining order must be
forwarded to Probation.
If there is a restraining order in effect and the plaintiff begins to

IV - 20

receive welfare, the County Board of Social services shall be able to
file a complaint for support under a new FD docket.
NOTE: Normal FACTS/ACSES data entry procedures must be
completed.
End of quotation from the Non-Dissolution Manual.
It is important to note that enforcement of support obligations or emergent
monetary relief can be civil or criminal. If emergent monetary relief is entered under
Part I of the FRO, then enforcement is by way of criminal contempt and mandatory
arrest pursuant to N.J.S.A. 2C:29-9b. (See Section VI)
4.14.10 Temporary Custody - An order awarding temporary custody of a minor child. The
court shall presume that the best interests of the child are served by an award of
custody to the non-abusive parent. [N.J.S.A. 2C:25-29b(11).]
Violations of orders for temporary custody issued pursuant to this section are
included within the scope of N.J.S.A. 2C:29-9b, Contempt. Arrest and criminal
charges are mandatory when such an order is violated.
As set forth in the statute, when making custody decisions in domestic
violence cases, the court must presume that “the best interests of the child are served
by an award of custody to the non-abusive parent.” This mandate reflects the policy
stated in the legislative findings section, N.J.S.A. 2C:25-18, “that there is a positive
correlation between spousal abuse and child abuse, and that children, even when they
are not themselves physically assaulted, suffer deep and lasting emotional effects
from exposure to domestic violence.”
4.14.11 Law Enforcement accompaniment - An order requiring that a law enforcement
officer accompany either party to the residence or to any shared business premises to
supervise the removal of personal belongings in order to ensure the personal safety of
the plaintiff when a restraining order has been issued. This order shall be restricted
in duration. [N.J.S.A. 2C:25-29b(12).]
4.14.12 No in-house restraints - Notwithstanding any provision of 2C:25-17, et seq. to the
contrary, no order issued by the Family Division of the Chancery Division of the
Superior Court pursuant to 2C:25-28 or 2C:25-29 regarding emergency, temporary or
final relief shall include an in-house restraining order which permits the victim and
the defendant to occupy the same premises but limits the defendant’s use of that
premises. [N.J.S.A. 2C:25-28.1]
In-house restraining orders are specifically prohibited.
4.14.13 Any other appropriate relief, including monitoring that relief - An order granting any
other appropriate relief for the plaintiff and dependent children, provided that the

IV - 21

plaintiff consents to such relief, including relief requested by the plaintiff at the final
hearing, whether or not the plaintiff requested such relief at the time of the granting
of the initial emergency order. [N.J.S.A. 2C:25-29b(14).]
The Plaintiff should not be denied any relief on the basis that it was not
sought at the emergent hearing.
An order that requires that the defendant report to the intake unit of the
Family Division of the Chancery Division of the Superior Court for monitoring of
any other provision of the order. [N.J.S.A. 2C:25-29b(15).]
An order requiring the defendant to undergo a psychiatric evaluation.
[N.J.S.A. 2C:25-29b(18).]
4.14.14 Prohibition from possessing weapons - In addition to the order required by this
subsection prohibiting the defendant from possessing any firearm, the court may also
issue an order prohibiting the defendant from possessing any other weapon
enumerated in subsection r. of N.J.S.A. 2C:39-1, and ordering the search for and
seizure of any firearm or other weapon at any location where the judge has
reasonable cause to believe the weapon is located. The judge shall state with
specificity the reasons for and scope of the search and seizure authorized by the
order. [N.J.S.A. 2C:25-29b(16).] See Section 5.10 for procedure.
A specific description of the weapon and its believed location should be set
forth with as much detail as is known. The court must make findings on the record
and state with specificity the reasons for its decision and the scope of the search. (See
also Section on Weapons.)

4.14.15 Prohibition against stalking An order prohibiting the defendant from stalking or
following, or threatening to harm, to stalk or to follow, the complainant or any other
person named in the order in a manner that, taken in the context of past actions of the
defendant, would put the complainant in reasonable fear that the defendant would
cause the death or injury of the complainant or any other person. Behavior
prohibited under this act includes, but is not limited to behavior prohibited under the
provisions of N.J.S.A. 2C:12-10. [N.J.S.A. 2C:25-29b(17).]
4.15

CIVIL PENALTY
4.15.1 Upon the finding of an act of domestic violence and the entry of a FRO, the court is
required to assess a civil penalty of $50.00 to $500.00 against the defendant under
N.J.S.A. 2C:25-29.1. This fee may be waived due to “extreme financial hardship.”
Such a finding must be made on the record. The court may order the payment to be
made immediately, within 30 days, or within some other specific period of time. All
IV - 22

orders must also include a provision for the payment of a $2.00 Comprehensive
Adult Probation System (CAPS) transaction fee for each payment. For example, if
one payment of $50 is ordered, a $2 transaction fee is assessed, for a total of $52. If
a penalty of $500 is ordered to be paid in five installments of $100 each, a $2
transaction fee must be added to each payment, for a fee of $10 (five payments, $2
each) and a total penalty of $510. There is no provision for a refund of the penalty or
the transaction fee after dismissal of a FRO.
See section 6.4.8 regarding the Surcharge for domestic violence offender
to fund grants pursuant to N.J.S.A. 2C:25-29.4. This surcharge is in addition to
other penalties, fines and/or charges imposed pursuant to law.
4.15.2 Each county should prepare a set of specific instructions to defendants setting out the
location and address of the Finance Office where the payments are to be made. The
defendant should be provided with these instructions and directed to that office to
make payments pursuant to the court’s order. If the defendant does not appear at the
final hearing, payment instructions shall be served on the defendant along with the
FRO. The Family Division should send a copy of the order to the appropriate finance
office to enter into the CAPS system.
4.15.3 When the penalty is not paid in accordance with the Court’s order, the
Comprehensive Enforcement Program (CEP) in the Probation Division will serve as
the enforcement mechanism. These cases will be included in the normal CEP
process.
4.16

FINGERPRINTING AND PROCESSING
All persons against whom a FRO has been entered shall submit to fingerprinting and
photographing either on the same day as the entry of the final order or within a reasonable
time thereafter. Failure to do so is a disorderly persons offense under N.J.S.A. 53:1-15.
Each county must establish its own procedure to fingerprint, photograph and enforce these
provisions against those who do not comply (See Appendix 11).

4.17

AFTER AN FRO HAS BEEN ENTERED
4.17.1 Where an FRO includes provisions for emergent monetary relief, monetary
compensation, including child support or spousal support, custody, visitation
(particularly supervised visitation), counseling or other evaluations, or where the
order relates to third parties for whom addresses and other information are needed, or
where intake monitoring is ordered, each party should be referred to the Family staff
for their separate post-court interview. Care should be taken by staff that the parties
have no contact during the interview process. Staff can facilitate any of these items,
including the collection of the IV-D application, the initiation of Title IV-D
procedures, where applicable, and can make other appropriate arrangements. Family
staff can facilitate providing the defendant with a Child Support Probation Account

IV - 23

Number for payments made to the New Jersey Family Support Payment Center (P.O.
Box 4880, Trenton, NJ 08625-4880).
4.17.2 Professional domestic violence counseling for defendant should be considered
whenever there has been a finding of domestic violence. Whenever possible, the
order should also include provisions for monitoring or periodic court review.
4.17.3 Orders for ongoing support as a form of monetary compensation in a FRO pursuant
to N.J.S.A. 2C:25-29b(4) should be made payable to the New Jersey Family Support
Payment Center (P.O. Box 4880, Trenton, NJ 08625-4880) and the order shall be
enforced by the Probation Division in the county in which the order was entered. The
probation division will use all enforcement mechanisms applicable to the case. Staff
should ensure that the “family violence indicator” in ACSES is correctly coded.
When ongoing child support is entered, or paternity established, the court
must enter the child support, medical support and paternity decisions on the IV-D
Uniform Summary Support Order (USSO, Appendix 31), which shall be referenced
in the FRO, using the same FV docket number. The USSO must indicate whether the
child support obligation is based on the New Jersey Child Support Guidelines or if
there was a deviation from the Guidelines.
4.17.4 Each county shall develop and implement procedures to monitor compliance with
court ordered provisions, including counseling and evaluation.
4.18

SERVICE OF FRO
The defendant shall be personally served in court if present for the final hearing. If
the defendant is not present, service shall be in accordance with the procedures set forth in
the section entitled “Procedures for Service of Complaint/TRO/FRO.”

4.19

REQUESTS FOR DISMISSAL OR REOPENING
4.19.1 Withdrawals of Complaint/TRO by the plaintiff - When a victim seeks to withdraw a
civil Complaint/TRO after a TRO has been entered but prior to the entry of a final
order, the victim should do so in person and before a judge. When the request is
made by telephone, the victim should be directed to come to the courthouse and
report to the domestic violence unit. Whether the request is made in person on a
walk-in basis or on the scheduled final hearing date, the victim should be directed to
the appropriate domestic violence staff person or intake. Victims do not need to wait
until the final hearing to request a dismissal.
Where a municipal TRO was issued and the paperwork has not reached the
Family Division, the staff person should contact the police to obtain information
about the Complaint/TRO, preferably receiving a FAXED copy. The matter must be
docketed and a file prepared prior to the matter being brought before the judge.

IV - 24

A victim advocate should be available to speak to the plaintiff, in person or
by telephone. Where this is not possible, the staff should make the plaintiff aware of
the existence of an advocate along with a name and telephone number, preferably in
writing.
A professional staff person is to meet with the victim to ascertain that:
A.

The victim has read and understood “What Dissolving a Restraining Order
Means” (See Appendix 12);

B.

The victim has not been coerced or placed under duress to withdraw the
Complaint/TRO;

C.

The victim understands the cycle of domestic violence and its probable
recurrence;

D.

The victim is aware of the protective resources available through the court
and the local domestic violence program, especially with regard to housing
and court-ordered emergency custody and support;

E.

The victim clearly understands that withdrawal of the Complaint/TRO and
dismissal of the TRO will eliminate the protections that had been issued;

F.

The victim is aware that such withdrawals, while they should not be done
without careful thought, are not prejudicial if [s]he should need to seek
protection in the future; and

G.

The victim is informed that any parallel criminal matters are separate and
distinct and must be addressed in a separate venue. Victims should be
advised to discuss the matter with the appropriate prosecutor.

Once the victim has been counseled as described above, if [s]he wishes to
pursue withdrawal of the complaint, [s]he must fill out a Certification to Dismiss
Complaint/ TRO (See Appendix 13). The completed form should be placed in the file
and an available judge should be located. The victim should then be sent to the
appropriate waiting area.
The judge should complete a review of the file and certification and question
the victim, on the record, using the same procedure as a request for dismissal of a
final order.
After reviewing the file and the Certification to Dismiss, the judge should
review the above with the victim on the record. If the judge finds that the request for
withdrawal is an informed one and not made under duress, the withdrawal shall be
granted.

IV - 25

When the complaint has been withdrawn and the TRO dismissed, copies of
the order of dismissal should be distributed to the plaintiff and any law enforcement
agency that received the TRO, and served on the defendant in the same manner as
the TRO, where it has been served, unless otherwise designated by the court.
Where the defendant was not served with the TRO, the dismissal shall not be
served on the defendant.
4.19.2 Dismissals with “Civil Restraints” - The court should not initiate or suggest the use
of “civil restraints” in domestic violence cases. If civil restraints are requested by the
plaintiff, the court should question the victim on the record using the same standards
as a request for a dismissal and in addition, ascertain the following:
A.

Whether the victim is aware that the “civil restraints” in an FM (dissolution) or
FD (nondissolution) matter will not provide the same protection as a TRO or
FRO;

B.

Whether the victim understands that the police must arrest for a violation of a
domestic violence restraining order but there will be no arrest for the
violation of “civil restraints” and the police are unlikely to respond to a call
regarding such a violation;

C.

Whether the victim will feel safe with the protections offered by the “civil”
restraining order; and

D.

Whether the victim understands [s]he has a right to obtain a new restraining
order if another act of domestic violence occurs, even if “civil restraints” are
in effect.

Under no circumstances shall an FD matter be opened for the sole purpose of
effectuating “civil restraints.”
4.19.3 Dismissal of FRO at the Request of the Plaintiff
Upon good cause shown, any final order may be dissolved or
modified upon application to the Family Division of the Chancery
Division of the Superior Court, but only if the judge who dissolves or
modifies the order is the same judge who entered the order, or the
judge dissolving the order has available a complete record of the
hearing or hearings on which the order was based. [N.J.S.A. 2C:2529d]
A request for dismissal of a final order should be handled in the same manner
as a request for withdrawal of a Complaint/TRO (see section 4.19.2). The dismissal
must be requested in person, and before the judge who entered the order or a judge
who has available the complete court file, after the victim has been counseled
IV - 26

concerning her/his rights and the ramifications of a dismissal. The court should
determine whether an order for child support, custody and/or visitation was entered
as part of the FRO and if so, determine whether the victim wants the relief to
continue. If so, these provisions should be made part of an FD order, then and there,
without undue waiting and refiling by the plaintiff.
4.19.4 Dismissal of FRO at Request of the Defendant - An FRO may be dissolved upon
“good cause shown,” N.J.S.A. 2C:25-29(d). A request by the defendant for dismissal
of an FRO shall be brought to the court by Notice of Motion accompanied by an
appropriate certification and brief. Service of the motion and supporting documents
on plaintiff shall be through the Family Division and not served directly by the
defendant. The motion shall be heard by the judge who entered the FRO if that judge
is available. If that judge is not available, the motion shall be heard by another judge
who shall read and consider the transcript of the final hearing and the findings by the
original judge. The transcript, where needed, shall be provided by the defendant.
The court shall consider the following as part of the determination of whether
the defendant has established good cause to dissolve the FRO:
A.

As required by N.J.S.A. 2C:25-29(b)(5), determine whether the defendant
attended and completed all court ordered counseling. If not, the motion must
be denied.

B.

Past history of domestic violence. If no findings were made by the court at a
final hearing regarding any past history of domestic violence, the record may
be supplemented with regard to such past history.

C.

Any other factors the court deems appropriate to assess whether the
defendant has shown good cause that the FRO should be modified or
dissolved.

D.

To protect the victim, courts should consider a number of factors when
determining whether good cause has been shown that the FRO should be
dissolved upon request of the defendant, including:
(1)

Whether the victim consented to dismiss the restraining order;

(2)

Whether the victim fears the defendant;

(3)

The nature of the relationship between the parties today;

(4)

The number of times that the defendant has been convicted of
contempt for violating the order;

(5)

Whether the defendant has a continuing involvement with drug or
alcohol abuse;
IV - 27

(6)

Whether the defendant has been involved in other violent acts with
other persons;

(7)

Whether the defendant has engaged in counseling;

(8)

The age and health of the defendant;

(9)

Whether the victim is acting in good faith when opposing the
defendant's request;

(10)

Whether another jurisdiction has entered a restraining order
protecting the victim from the defendant; and,

(11)

Any other factors deemed relevant by the court.

The court shall make reasonable efforts to find and notify the plaintiff of the
request for dismissal, but unless good cause is shown, the court cannot hold a hearing
on this application unless the plaintiff is given notice and an opportunity to be heard.
4.19.5 Request to Reopen Dismissed Matter by the Plaintiff - If there is no new act of
domestic violence since the filing of the initial Complaint/TRO and the plaintiff
seeks to reopen a TRO or FRO which has been dismissed, a notice of motion must be
filed pursuant to Rule 4:50-1.
Once the application has been filed, the case is only opened for the purpose of
scheduling the motion hearing. The restraining order is still dismissed on FACTS and
the DVCR.
An application to reinstate the Complaint/TRO and restraining order does not
“activate” the restraining order. The order is not activated until and unless both
parties are notified, the court reviews the file, conducts a hearing, makes findings and
then reinstates the order.
At the hearing, the judge may reinstate the order or let the dismissal stand. If
reinstated, the status of the order would be “active” in FACTS and on the DVCR.
4.19.6 Request to Reopen Due to Duress
When a plaintiff seeks to reopen a domestic violence matter that [s]he has withdrawn
or asked to have dismissed, and alleges that [s]he made such a request because [s]he was put
in fear by the defendant of proceeding with the case, a new complaint shall be taken. The
original allegations of violence, coupled with the threats or other acts of duress, should be
listed on the new complaint.

IV - 28

4.19.7 Conditional Dismissals - The conditional dismissal of a domestic violence
Complaint/TRO or FRO is prohibited. Whether done at the request of the plaintiff,
with the agreement of the defendant, or at the discretion of the judge at the end of
trial, conditions may not be imposed on the dismissal of a Complaint/TRO or FRO.
That is, no TRO/FRO shall be dismissed conditioned upon either party performing
any specific act or upon the occurrence of any particular event.
4.19.8 Dismissal of TRO for Failure of the Plaintiff to Appear at Final Hearing
See section 4.9.3 or 4.
4.19.9 Judge to Advise that Municipal and/or Criminal Complaints Continue - At the time
of the dismissal of the complaint and vacating of a TRO or FRO, the judge shall
advise the parties who are present that any related municipal or criminal complaint(s)
arising out of the incident shall continue and are in no way affected by the dismissal
of the domestic violence Complaint/TRO. All parties present shall be advised of the
need to comply with the conditions of bail and participate in all future court hearings
related to such municipal or criminal actions. The parties should be advised to speak
to the appropriate prosecutor.

IV - 29

SECTION V
WEAPONS

5.1

5.2

WEAPONS IN GENERAL
5.1.1

Weapons of varying types are defined generally in N.J.S.A. 2C:39-1, and more
specifically in N.J.S.A. 2C:39-1r. The Attorney General and County Prosecutors
delineate law enforcement procedures through directives and guidelines in
accordance with the United States Constitution, New Jersey Constitution, statutes
and court decisions.

5.1.2

Weapons relating to domestic violence incidents can be categorized in several ways
including but not limited to:
A.

Weapon(s) used or threatened to be used in a domestic violence incident.

B.

Weapon(s) not used in a domestic violence incident but in plain view of an
officer.

C.

Weapon(s) not used in a domestic violence incident, not in plain view to the
officer, but the officer has reason to believe that weapon(s) are present in the
household.

MANDATORY ARREST
See Sections 3.10 and 3.17.

5.3

SEIZURE OF WEAPONS FOR SAFEKEEPING
See Sections 3.10 and 3.17.

5.4

SEIZURE OF WEAPONS PURSUANT TO COURT ORDER
See Sections 3.10 and 3.17.

5.5

SEIZURE OF WEAPONS USED IN COMMISSION OF A CRIMINAL OFFENSE
See Sections 3.10 and 3.17.

5.6

SEIZURE OF WEAPONS PURSUANT TO N.J.S.A. 2C:25-21d
See Sections 3.10 and 3.17.

5.7

SEIZURE OF WEAPONS OUTSIDE THE COUNTY WHERE THE DOMESTIC
VIOLENCE RESTRAINING ORDER WAS ISSUED
See Sections 3.10 and 3.17.

V-1

5.8

SEIZURE OF WEAPONS FROM LAW ENFORCEMENT OFFICERS INVOLVLED
IN A DOMESTIC VIOLENCE INCIDENT
See Sections 3.10 and 3.17.

5.9

5.10

RESTRICTIONS ON RETURN OF FIREARMS
5.9.1

Where the defendant is a Law Enforcement Officer: If a law enforcement officer is
subject to an FRO, pursuant to the provisions of the federal gun control law, 18
U.S.C.A. 922(g), the court may, if necessary for the protection of the plaintiff,
prohibit any defendant who is a law enforcement officer from possessing any
weapon, firearm or firearm identification card, including those provided by his/her
department. If the court determines that a prohibition on possession of weapons by
defendant who is a law enforcement officer is not necessary, the provisions of the
Attorney General’s Directive Implementing Procedures for the Seizure of Weapons
from Law Enforcement Officers Involved in Domestic Violence Incidents shall apply.
Where the court permits the return of weapons while on duty, the procedures in
section 3.17 still apply. See Appendix 17.

5.9.2

All Others: If an FRO is issued, the named defendant may not be permitted to own
or possess any firearm for the duration of the order or for two years, whichever is
greater.

WARRANT FOR THE SEARCH AND SEIZURE OF WEAPONS
5.10.1 The purpose of the issuance of a search warrant is to protect the victim of domestic
violence from further violence and not to discover evidence of criminality. There
must be sufficient facts and information presented to satisfy the judicial reasonable
cause requirement. The scope of the warrant and the times during which it may be
served must be set forth with specificity on the warrant.
5.10.2 When granting a TRO, the court should grant relief that includes forbidding the
defendant from possessing any firearm or other weapon as defined by N.J.S.A.
2C:39-1r. The possession of a weapon by a defendant may pose a danger to the
victim even though the alleged act of domestic violence did not involve the use or
threatened use of a weapon and even though there was no testimony or evidence that
the defendant had previously used or threatened to use a weapon against the victim.
5.10.3. N.J.S.A.2C:25-28j authorizes the issuance of a search warrant as a form of ex parte
relief at the time of the issuance of a TRO. N.J.S.A 2C:25-29b(16) contains identical
language authorizing similar relief at the time of the issuance of a FRO. Both statutes
are intended to protect the victim from the risk of serious bodily injury.

V-2

5.10.4 The test to be applied by the Court is whether there exists reasonable cause to
believe that:
A.

The defendant has committed an act of domestic violence;

B.

The defendant possesses or has access to a firearm or other weapon(s) as
enumerated in N.J.S.A. 2C:39-1r; and

C.

The defendant’s possession or access to the weapon poses a heightened or
increased risk of danger or injury to the victim.

5.10.5 A specific description of the weapon and its believed location should, as much as
practical, be set forth in the Order. The Court must make findings on the record and
state with specificity the reasons for its decision and the scope of the search. The
original return of the search warrant shall be delivered to the Court within ten (10)
days.
5.10.6 When a search warrant is recommended by a Domestic Violence Hearing Officer
(DVHO), the affidavit in support of the warrant shall set forth precise facts
constituting the basis for the conclusion that the defendant’s possession of a weapon
exposes the plaintiff/victim to a risk of serious bodily injury. Once the TRO hearing
is completed, the recommended TRO, along with the Weapons Seizure Affidavit,
should be presented to the appropriate judge for review (including specific review of
the affidavit and warrant section of the TRO) and signature. After reviewing the
TRO, affidavit and DVHO Case Notes, any questions regarding the sufficiency of the
information contained in the affidavit should be resolved by sworn testimony by the
victim before the judge. If the affidavit in support of the warrant for the search and
seizure of weapons recommended by the DVHO contains sufficient information, the
judge shall confirm with appropriate findings on the record and enter the order. The
reasonable cause determination regarding weapons seizure should be placed on the
record, along with the docket number and other identifying case information.
5.10.7 After reviewing the TRO, affidavit and DVHO Case Notes, the judge shall consider
and be satisfied as to the following:
A.

The basis upon which plaintiff believes that the defendant possesses a
prohibited weapon or firearm;

B.

The reasons plaintiff believes that the defendant’s possession of a prohibited
weapon or firearm poses a heightened or increased risk of danger or injury to
the plaintiff, which may include the past history if any of domestic violence
between the parties;

C.

A description of the weapon or firearm which the defendant possesses;

V-3

D.

A specific description of the location where the weapons or firearms are
located, the owner of those premises, if not the defendant; and,

E.

Other relevant factors that the particulars of the circumstances require.

5.10.8 When an ex parte application is made regarding seizure of weapons, whether before
the Court or the DVHO, the affidavit must be completed with the reasons for the
seizure specified.
5.10.9 When the service of a restraining order results in the seizure of weapons, the
weapons inventory should be attached to the return of service that is brought/faxed
back to the Family Division in the issuing county. The weapons themselves, along
with any licenses, identification. cards, other paperwork or documentation shall be
secured for storage by the prosecutor in the seizing county. At such time that the
seized property is needed by the prosecutor or the Family Court in the issuing
county, the prosecutor in the seizing county shall make arrangements for the delivery
of forward same.
5.11

NOTICE TO THE PROSECUTOR
In order to ensure that the prosecutor is aware of the existence of the pending
domestic violence Complaint/TRO, in addition to having received the seized weapon(s), a
copy of every TRO or FRO in which the “seizure” box is checked should be forwarded
immediately to the County Prosecutor’s Office. In addition, where seizure has not yet
occurred but is ordered as part of an order prohibiting weapons possession pursuant to
N.J.S.A 2C:25-29b(1), a copy of that order, with the appropriate boxes checked, should also
be forwarded immediately to the Prosecutor’s Office.

5.12

HEARING REGARDING WEAPONS
5.12.1 When the prosecutor intends to proceed with forfeiture, notice shall be provided to
the plaintiff, the defendant and the Family Division. The court shall hold a hearing
within 45 days of receipt of the notice provided by the prosecutor, as set forth in
N.J.S.A. 2C:25-21d(3). No formal pleading and no filing fee shall be required. The
hearing shall be summary in nature. The hearing must be held even if the plaintiff
withdraws or seeks dismissal of the domestic violence Complaint/TRO or FRO.
5.12.2 At the hearing, the Family Division Judge must decide whether the weapon(s) should
be forfeited, along with any related permit(s) or license(s), or whether the weapon(s)
should be returned; or whether legal rights to own should be revoked and/or
defendant should be ordered to dispose of the weapon, based on the factors contained
in N.J.S.A. 2C:25-21d.
5.12.3 In addition to any other provisions, any FRO issued shall bar the defendant from
purchasing, owning, possessing or controlling a firearm and from receiving or
V-4

retaining a firearms purchaser identification card or permit to purchase a handgun
pursuant during the period in which the restraining order is in effect or two years,
whichever is greater, except for military and law enforcement personnel, see N.J.S.A.
2C:25-29b.

V-5

SECTION VI
ENFORCEMENT AND MODIFICATION OF RESTRAINING ORDERS

6.1

ENFORCEMENT AND MODIFICATION
6.1.1

The enforcement of a TRO or FRO occurs when the plaintiff seeks to have the
defendant comply with an existing order. A modification occurs when one party
seeks to add or change provisions to an existing order.

6.1.2 Enforcement of TRO and FRO is governed by N.J.S.A. 2C:25-30 and 2C:29-9b,
depending on the conduct and the provision violated. All relief contained in Part I of
the restraining order can be enforced by way of criminal or civil remedies. All relief
contained in Part II must be enforced by civil remedies, i.e., by filing an application
with the Superior Court, Family Division.
6.1.3

Violations of N.J.S.A. 2C:25-29(b) (which covers Part II relief) includes:
A.

An order for parenting time;

B.

An order requiring the defendant to pay monetary compensation;

C.

An order requiring the defendant to receive professional domestic violence
counseling;

D.

An order requiring the defendant to make rent/mortgage payments; and/or

E.

An order granting either party temporary possession of personal property.

These may be enforced in a civil action initiated by the plaintiff, generally under
Rule 1:10-3 and Rule 5:3-7 by way of motion, affidavit, or in emergent
circumstances, an order to show cause.

6.2

6.1.4

A defendant who “purposely or knowingly violates any provision” of a TRO or FRO
is guilty of a crime of the fourth degree if the conduct that constitutes the violation
also constitutes a crime or disorderly persons offense under N.J.S.A. 2C:29-9(b). In
all other cases, the defendant is guilty of a disorderly persons offense if that person
knowingly violates an order entered under the provisions of the PDVA.

6.1.5

These distinctions apply even when the restraining order is no longer in effect, so
long as the conduct which constitutes the offense occurred while the order,
temporary or final, was in effect.

6.1.6

In connection with enforcement applications or reports of violations by the victim,
the victim advocate or the Victim Witness Unit should be involved in the interview,
whenever possible. If the advocate is not available, the victim should be given the
victim advocate’s card and told to contact her/him prior to the hearing.

CRIMINAL CONTEMPT
VI - 1

See section III.
6.3

ENFORCEMENT OF LITIGANT’S RIGHTS PROCEEDINGS
6.3.1

When a plaintiff alleges that the defendant violated a portion of Part II of a
restraining order (i.e., pertaining to parenting time, monetary compensation,
professional domestic violence counseling, rent or mortgage payments or possession
of personal property), the plaintiff should be directed to Family Division, during
normal court hours to file an application (by motion or affidavit) to enforce these
provisions. A domestic violence advocate should be available to speak to the
plaintiff.

6.3.2

The designated domestic violence staff person should speak to the plaintiff to
determine (a) whether a restraining order violation has occurred; (b) if the person is
seeking the type of relief that civil enforcement can provide; and (c) if another type
of procedure is more appropriate. If the plaintiff is seeking enforcement of issues in
Part I (other than parenting time, monetary compensation, receipt of professional
domestic violence counseling, rent or mortgage payments or possession of personal
property), staff should explain the criminal procedures regarding filing criminal
complaints and advise the party of the option to initiate criminal procedures with the
appropriate police department or the prosecutor’s office. In addition, plaintiff should
be told of the option to have any of these issues addressed by Family Court.

6.3.3

When a defendant alleges that the plaintiff has not abided by the terms of a
restraining order, for example, parenting time or possession of personal property, the
defendant should be directed to Family Division, during normal court hours to file an
application (by motion or affidavit) to enforce these provisions.

6.3.4

If the issue is appropriate for civil enforcement, the court, should provide forms to
the plaintiff to prepare an application to the court (motion or affidavit) pursuant to
Rule 1:10-3 or Rule 5:3-7. Where available, the plaintiff should be assisted by the
victim advocate or victim witness representative. If the issue is the modification or
enforcement of child support, the matter can be scheduled before a Child Support
Hearing Officer (CSHO), pursuant to CSHOP Standard 7 (See Appendix 20).
Otherwise, the matter should be listed before the judge who granted the order, where
possible. The matter should be reopened using the same docket number and case file.
The judge hearing the matter should have the complete file.

6.3.5

If the litigant (either plaintiff or defendant) believes that the matter is emergent, the
domestic violence staff person should provide the necessary forms to assist the
litigant in preparing an Order to Show Cause (OTSC), which should be presented to
the judge forthwith to determine whether the request is emergent. Whenever
possible, the judge who issued the original order should review the proposed OTSC,
grant any or all relief, and set a return date, or deny the application. If a return date is
set for the OTSC, the matter should be scheduled on the next designated domestic
VI - 2

violence enforcement day for which regular notice can be arranged. If the OTSC is
denied, the litigant can be referred back to intake to file a motion/affidavit.

6.4

6.3.6

After the matter is reopened and processed, a request for an OTSC shall be brought
to the judge as quickly as possible, so that the OTSC can be signed if the judge is
satisfied with the sufficiency of the application and a return date for the enforcement
hearing can be set on short notice. Wherever possible, the judge who issued the
original order should review the proposed OTSC. That judge can also hold the
enforcement hearing. Motions made pursuant to Rule 1:10-3 should be returnable for
the next designated domestic violence enforcement day for which regular notice can
be arranged, but in any event no longer than two weeks.

6.3.7

The moving party will receive a copy of the OTSC while in court and the other party
shall be served with the OTSC, motion or affidavit pursuant to court rules. Service of
papers and notice of hearing shall be prepared by Family Division. Family Division
staff should ensure that the plaintiff’s address is not disclosed to the defendant. The
notice should state to the responding party that non-appearance may result in the
requested relief being granted.

6.3.8

Any modifications granted by the court should be recorded in a new final order that
also includes all the non-amended prior relief, recorded on an Amended FRO. This
must be served in the same manner as an FRO. This order should also specifically set
forth all prior relief which was not modified, and not just refer to the former order, to
ensure that there is only one final order that sets forth all of the relief. If the only
relief being amended is the child support provisions, then a new USSO may be used
instead of an amended FRO.

CONTEMPT IN SUPERIOR COURT
Processing of 2C:29-9(b) Complaints
6.4.1

When a Defendant has been arrested for Violating a TRO or FRO - Upon allegation
of a violation of a restraining order, a warrant should be issued immediately and the
CDR should be completed at that time. Upon arrest, the CDR-2 should be
immediately forwarded to the Criminal Division, the Prosecutor’s Office and as
otherwise described at the bottom of the CDR. Initial screening by the Assistant
Prosecutor assigned to the Domestic Violence unit should be at the first appearance,
or no later than the plea hearing date. If the contempt is non-indictable and/or
downgraded, it shall be sent to Family Court and docketed as an FO case. This
should be done at the first appearance.

6.4.2

Bail
A.

An initial bail must be set by a Superior Court Judge pursuant to Rule 3:26-2.
The CDR should be provided, along with the DV Incident/Police Report.

VI - 3

B.

During regular court hours, bail should be set by a Family Division Judge,
who will have access to the underlying FV file along with other relevant FV,
FO and FD files, and the FACTS printout regarding other Family Court
history.

C.

When the Superior Court is not in session, the on-call bail judge should be
contacted and provided with all available information on the defendant and
the underlying case information from the DVCR.
NOTE: If the contempt has been initially screened as a disorderly persons
offense, bail may be set by a Municipal Court Judge if the Assignment Judge
in that vicinage has issued a directive/order allowing this practice.

D.

6.4.3

The CDR shall serve as the moving document as the case proceeds through
the court. In Municipal Court, all bail decisions are reflected on the CDR,
along with all screening and downgrade decisions, which must be dated.
Conditions of bail or release such as prohibitions against contact should be
noted in the appropriate section of the CDR as well. (In Superior Court,
Criminal Division, there are separate court orders for bail decisions.)

Responsibility for arraignments/bail reviews/first appearances - Responsibility for
arraignments/bail reviews/first appearances should rest with the Division or Part of
the Superior Court that has jurisdiction over the case at that time, either the Family
Division or in Criminal Division so long as the Assistant Prosecutor assigned to the
Domestic Violence Unit is available. Daily jail lists should be provided to both the
Criminal Division and the Family Division each morning with N.J.S.A. 2C:29-9b
indictable and non-indictable violations identified as such. The judge conducting the
hearing should be provided with pertinent information from the underlying FV file as
required by N.J.S.A. 2C:29-26e.
The prescreening of matters, to determine whether the matter is indictable is
strongly encouraged where at all possible.

6.4.4 Scheduling of Subsequent Proceedings - As contempt cases are high impact offenses,
each county Prosecutor should screen these cases as expeditiously as possible.
A.

Following arrest, defendants should be given the CDR with the first
appearance/arraignment date noted in the appropriate section, along with any
other Notice to Appear, where applicable. Thus, even if bail is posted, the
defendant has the date of the first appearance/arraignment.

B.

If the defendant is in custody the first appearance and bail review must be
scheduled within 72 hours in accordance with Rule 3:4-2.

C.

Where defendant is not incarcerated, the first appearance/arraignment/case
management conference should be scheduled no later than 20 days after the

VI - 4

issuance of a contempt complaint. Notice of the court date should be sent to
the defendant by the appropriate court.

6.4.6

D.

An assistant prosecutor should be required to appear at the first
appearance/arraignment and should provide the court with a preliminary
determination as to whether the case is being referred to the Criminal
Division as an indictable case or is being graded/downgraded and heard in
the Family Division. Scheduling of subsequent hearings, including bail
review hearings at regular intervals, is the responsibility of the Part or
Division in which the case will be heard.

E.

All contempt matters are subject to Speedy Trial Guidelines, and must be
scheduled accordingly. There is a 90-day disposition guideline that applies
as well in Family and Municipal Court.

F.

When the case is referred to the Family Division, the 5A (Financial
Questionnaire to Establish Indigency) should be completed, counsel
appointed and a pretrial conference scheduled at the first
appearance/arraignment. These cases will then be docketed in FACTS,
tracked accordingly and disposed within 90 days of docketing.

Where there is more than one charge on a CDR -2.
A.

If, upon screening, there is a determination that there is no basis for a
contempt charge, the companion charges may be referred to the Criminal or
Municipal Court for disposition.

B.

Where the matter is docketed in Family Division, and there are both
contempt and underlying charges, if the contempt is dismissed as part of a
plea, the Family Division judge shall dispose of the underlying charge.

C.

The contempt charge and the underlying charge should never be bifurcated
and heard by different courts.

D.

After the bail review/first appearance, these matters must be promptly
scheduled for a plea hearing/calendar. In Family Division, the plea hearing
should be held within two weeks if the defendant is incarcerated, and within
four weeks if the defendant is out on bail.

E.

At the plea hearing, the defendant should, after consultation with counsel,
enter a plea.

F.

Where defendant pleads guilty, [s]he should be sentenced immediately,
unless the court needs additional information and adjourns the sentencing to
a date certain.

VI - 5

G.

Where a defendant pleads not guilty, a non-jury trial must be scheduled
expeditiously before a Family Division Judge, keeping the 90-day disposition
guideline in mind.

H.

At the trial, the Prosecutor’s Office will present the case against the
defendant. Discovery must be obtained by the prosecutor. Subpoenas for
witnesses must be issued by the prosecutor.

I.

At sentencing, the disposition must be noted in the FO file and entered into
FACTS.

J.

The completed CDR-2 and any ancillary paperwork must immediately be
forwarded by Family Division for routing of orders of commitment,
probation, fines, VCCA payments to the appropriate case management
clerical or probation office.

6.4.7

Incarceration of Sole Caretaker of Children - Whenever a person has been convicted
of a violation which will result in incarceration, the court must follow the procedures
set forth in N.J.S.A. 2C:44-6.2, et.seq., and Directives 4-04 and 8-95.

6.4.8

Domestic Violence Surcharge - Pursuant to N.J.S.A. 2C:25-29.4, any person
convicted of an act of domestic violence (as that term is defined in N.J.S.A. 2C:2519) shall be subject to a surcharge in the amount of $100. This surcharge is in
addition to other penalties, fines and/or charges imposed pursuant to law.

VI - 6

SECTION VII
FULL FAITH AND CREDIT OF OUT OF STATE ORDERS

7.1

7.2

FEDERAL STATUTORY OVERVIEW
7.1.1

The Full Faith and Credit provision of the Violence Against Women Act (VAWA),
18 U.S.C.A. 2265, et seq., requires states and Indian tribes to enforce protection
orders issued by other states and Indian tribes as if the orders had been issued by the
non-issuing/enforcing state or Indian tribe. In addition, an enforcing state must
enforce a protection order from another state even if the petitioner would not be
eligible for a protection order in the enforcing state.

7.1.2

Additionally, all orders of protection shall have the same force and effect on military
installations as such order has within the jurisdiction of the court that issued the order
under the Armed Forces Domestic Security Act, 10 U.S.C. 1561a.

PROTECTION ORDERS COVERED BY §2265
7.2.1

Definition of Protection Order - The Full Faith and Credit provision applies to any
injunction or other order issued for the purpose of preventing violent or threatening
acts, or harassment against, contact or communication with, or physical proximity to
another person, including any temporary or final order issued by a civil and criminal
court whether obtained by filing an independent action or as a pendente lite order in
another proceeding so long as any civil order was issued in response to a complaint,
petition or motion filed by or on behalf of a person seeking the protection. In other
words, it extends to temporary and final, civil and criminal protection orders (e.g.,
stay away or no-contact orders that are part of a defendant’s conditions of release or
bail).

7.2.2

Final and Ex Parte Orders
A.

Every state, subdivision thereof, and Indian tribe must accord full faith and
credit to both final and ex parte protection orders.

B.

In terms of final protection orders, the statute provides that a final order must
be enforced if:
1.

It was issued by a court that had personal and subject matter
jurisdiction to issue the order, and

2.

The respondent was provided with reasonable notice and the
opportunity to be heard sufficient to protect that person’s right to due
process.

C.

7.2.3

In the case of ex parte orders, notice and opportunity to be heard must be
provided within the time required by state or tribal law and, in any event,
within a reasonable period of time after the order is issued, sufficient to
protect the opposing party’s right to due process.
Mutual Protection Orders - Should the issuing court enter a protection order with
VII - 1

prohibitions against both the respondent and the petitioner, only the provisions in
favor of the petitioner (those constraining the respondent) are entitled to enforcement
in another state, tribe, or territory unless:
A.

the respondent filed a separate petition or pleading seeking such an order,
and

B.

the court made specific findings that both parties were entitled to such a
protection order.

Pursuant to §2265, a court in a jurisdiction other than the jurisdiction that
issued the order shall not enforce a mutual order against a petitioner unless the
portions that impose prohibitions on the petitioner meet the above legal criteria.
7.3

NEW JERSEY LAW AND PROCEDURE
7.3.1

In May 2000, the New Jersey Judiciary adopted procedures to implement the
registration of out of state orders (Appendix 21). The procedures include:
A.

Procedures for Family Division staff to follow to register the orders.

B.

FACTS codes and procedures (part of the FACTS FV Docket User’s Guide
distributed by the Automated Trial Court Systems Unit).

C.

Certification forms for incoming orders and for outgoing New Jersey orders.

7.3.2

The procedures accommodate the out-of-state order’s expiration date in FACTS and
the practice of other states concerning certification for Restraining Orders. The
primary benefit to registration for the victim is that the order will be on the statewide
DVCR to which police throughout the state have access on an immediate, round-theclock basis.

7.3.3

These procedures:
A.

Establish these registered cases without adding new cases to the Family
Division statistical report;

B.

Accommodate the expiration date of out-of-state orders;

C.

Identify out-of-state orders to users, particularly law enforcement users of the
DVCR;

D.

Prohibit an out-of-state order to be reopened or modified; and

E.

Continue to require that Full Faith and Credit be honored by law enforcement
and the courts on those orders that have not been registered.
VII - 2

7.4

PROCESS
7.4.1

The victim (plaintiff) who elects to register an out-of-state restraining order will
present the order at a county Family Division Intake Domestic Violence Unit. The
plaintiff will complete a Victim Information Sheet and complete an Out-of-State
certification form (See Appendix 21).

7.4.2

The Domestic Violence Unit will review the order, certification and Victim
Information Sheet. The staff member will call the issuing court immediately or
within one business day. The staff member will send by facsimile the order and
certification form to the issuing court and request confirmation of the order as
presented by return fax. The Family Division Manager or the Domestic Violence
Team Leader may review the contact with the issuing court to resolve questions
concerning confirmation.

7.4.3

Upon confirmation, the staff member will complete the confirmation form, which
will allow for the establishment and docketing of the case on FACTS.

7.4.4

The establishment process will include:
A.

A new initiating document, the OUT-OF-STATE DV RO, entered in the
initiating document field, will be combined with a case status reason code
that identifies the case as an Out-of-State Order;

B.

The field MUNICIPALITY OF OFFENSE becomes a required field with a
change from numeric to alphanumeric to allow the state to be identified, e.g.
A9901 for an Out-of-State order from Pennsylvania;

C.

All OUT-OF-STATE DV RO initiating document cases would be ignored in
the statistical count and cannot be reopened.

7.4.5

The expiration date will be identified in the system and appear on the registry based
on the use of a relief code that is unique to this case type. The expiration date will be
entered by the user and appear in the registry in the COMMENTS field.

7.4.6

Upon completion of case establishment, the order will be stamped with a statement
confirming that it has been verified and registered as of the case establishment date
and providing the New Jersey docket number. The victim/plaintiff should be
provided with the order, a copy faxed to the police departments identified by the
plaintiff, and a copy placed in the Family Division file that was created when the
system assigned the New Jersey number as part of the registration process.

7.4.7

The Attorney General’s guidelines to law enforcement officers state that the
registration of an order is not required to enforce the order. The Division of
Criminal Justice has assured that Full Faith and Credit will be emphasized in all
VII - 3

police training to continue protection of all victims, regardless of whether they have
sought the additional assurance of recording their out-of-state order with New Jersey.
7.5

OUTGOING ORDERS
7.5.1

All Final and Temporary restraining orders contain language concerning the Full
Faith and Credit qualification of those orders under the Federal VAWA statute. As a
further aid to victims, the federal VAWA office has promulgated a form of
Certification, if completed by the issuing court, intended to encourage the
enforcement of these orders in all states. At this time, it is not a recommended
practice to provide this certification for orders issued on a routine basis. Rather, the
form should be completed upon the request of a victim, or another state’s court or
law enforcement agency that has requested verification of the New Jersey FRO. (See
Appendix 21)

7.5.2

The recommended practice is for the court to provide the victim with a certified true
copy of the FRO, with a raised seal, upon request of the victim.

VII - 4

SECTION VIII
WORKING GROUPS

DOMESTIC VIOLENCE WORKING GROUPS
On September 24, 1991, then Chief Justice Wilentz and Attorney General Del Tufo charged
that each Presiding Judge and County Prosecutor convene or reconvene a County Domestic Violence
Working Group to assist in the design of a county implementation and monitoring strategy, and
provide an ongoing forum for identification and resolution of problems in the domestic violence
prevention and protection process in each county. The Presiding Judge (or Family Division Judge,
in a multi-county vicinage) and County Prosecutor should serve as co-chairpersons. The working
group meetings are a productive resource for discussing domestic violence processes and
procedures.
The group shall also consist of the Family Division Manager; Domestic Violence Team
Leader; the DVHO; the Sheriff; the President of the Municipal Prosecutor’s Association; the
President of the County Chiefs’ Association; a Criminal Division Liaison; a Municipal Court
Liaison; the Director and Court Liaison of the local domestic violence program; a representative
from each Municipal Court and County Prosecutor’s Office (who handles domestic violence cases);
the County Victim Witness Coordinator; the local batterer’s group; DYFS; the County Bar
Association Family Law Section; and any other appropriate service provider. Working Groups shall
meet at least quarterly.

VIII - 1

APPENDIX LIST

DOMESTIC VIOLENCE PROCEDURES MANUAL
APPENDIX LIST

1.
1a.
2.
3.
4.
5.
6.
6a.
7.
8.
9.
10.
11.
12.
12a.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.

Victim Information Sheet
Spanish Victim Information Sheet
Temporary Restraining Order and Instructions
Domestic Violence Hearing Officer Standards and Backup DVHO Standards
*Aid in Identifying Firearms
*Victim Notification Form
Summary of Electronic TRO
Instructions for Recording Complete Incident Description in FACTS
*Confirmatory Order
Appeal of Ex Parte Order – Application for Appeal and Order
Continuance Order
Final Restraining Order
Notice of Fingerprinting Requirements
“What Dissolving a Restraining Order Means”
Spanish “What Dissolving a Retraining Order Means”
Certification to Dismiss Complaint/TRO
Order of Dismissal
Risk Assessment
Protective Order (Custody Reports)
*Attorney General Law Enforcement Directive 2000-3 and 2000-4
*Affidavit in Support of Domestic Violence Search Warrant (Law Enforcement)
*Domestic Violence Warrant for Search and Seizure of Weapons (Law Enforcement)
Child Support Hearing Officer Standard 7
Procedures and Forms for Registering Out of State Restraining Orders
Domestic Violence Central Registry FACTS Inquiry Guide
*Checklist for Law Enforcement Officers
*Supplementary Domestic Violence Offense Report
Guide to Services for Victims of Domestic Violence
Safety Plan Brochure
Batterers Intervention Program Guidelines
*Attorney General Guidelines for Enforcement of Out of State Restraining Orders
State Police Phone Numbers by State
State Administrative Offices of the Court by State
Uniform Summary Support Order
Address Confidentiality Program Act

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

New Jersey Judiciary
CONFIDENTIAL VICTIM INFORMATION SHEET
(DO NOT GIVE TO DEFENDANT)

Date:
Your Information (Party Filing-Plaintiff)

Information of Person you’re filing against (Defendant)

Name of Police Department where you reside:

Name of Police Department where defendant resides:

Name

Name

Any Prior Names

AKA

Street Address

Street Address

City
Zip
Phone (h)

City
Zip
Phone (h)

SS#
Birth Date
Sex
Race

(cell)

Male

Female

SS#
Birth Date
Sex
Race

(cell)

Male

Employment Information

Employment Information

Employer

Employer

Address

Address

Phone
Days

Hours

Emergency Contact
Name

Phone
Days

Female

Hours

Other place(s) defendant may be reached

Phone

Revised Form Promulgated by AJ Memo - 06/11/2008, CN 10224-English

page 1 of 2

CONFIDENTIAL VICTIM INFORMATION SHEET
(DO NOT GIVE TO DEFENDANT)
Relationship to Defendant
Married

Defendant Identifier’s
Height

Eye Color

Divorced

Weight

Hair Color

Never married

Complexion

Currently living together

Scars, Tattoos, Glasses, Facial Hair, Body Piercing

Light

Medium

Dark

Previously lived together
Have child(ren) with defendant
Expecting child with the defendant
Have had a dating relationship

Other
Defendant’s vehicle
Make

Model

Year

Color

License plate #

Family relationship (specify)
Do you and the defendant have children together?
Name
1.

DOB

SS#

Resides with

2.
3.
4.
5.
6.
7.
Are there any custody/visitation/support orders pending or in effect?
Where
Docket Number
Child Support Case Number
Are you currently asking the court for child support or medical coverage?

Yes

No

Does either party require an interpreter or have other special needs?
Describe

Yes

No

Does the defendant have a criminal history?

Yes

No

Yes

No

Do you have a lawyer for this matter?
Name

Phone

YOU WILL BE ASKED ABOUT THE INCIDENT WHICH BROUGHT YOU HERE TODAY. PLEASE BE PREPARED TO
DISCUSS THE INCIDENT, PLUS ANY PRIOR HISTORY, IF APPLICABLE.
Revised Form Promulgated by AJ Memo - 06/11/2008, CN 10224-English

page 2 of 2

Poder Judicial de Nueva Jersey
HOJA DE INFORMACIÓN CONFIDENCIAL DE LA VÍCTIMA
(NO DÉ ESTE FORMULARIO AL DEMANDADO)
New Jersey Judiciary
CONFIDENTIAL VICTIM INFORMATION SHEET
(DO NOT GIVE TO DEFENDANT)
Fecha/Date:
Sus datos (Parte actora - Demandante)
Your information (Party Filing-Plaintiff)

Datos de la persona contra quien usted presenta la acción
(Demandado)
Information of Person you’re filing against (Defendant)

Nombre del Departamento de Policía de donde usted
reside:
Name of Police Department where you reside:

Nombre y apellido

Name

Nombre o apellido anterior (si lo hubiera)
Any Prior Names

Nombre y alias
AKA

Dirección - Calle

Dirección - Calle

Street Address

Street Address

Ciudad

Ciudad

City

City

Código postal

Código postal

Zip

Zip

Teléfono (casa)

(celular)

Phone (h)

(cell)

No. de seguro social

Teléfono (casa)

(celular)

Phone (h)

(cell)

No. de seguro social

SS#

SS#

Fecha de nacimiento

Fecha de nacimiento

Birth Date
Sex

Name of Police Department where defendant resides:

Nombre y apellido

Name

Sexo

Nombre del Departamento de Policía de donde reside el
demandado:

Birth Date

Hombre

Mujer

Male

Female

Raza

Sexo
Sex

Female

Race

Datos del empleo

Datos del empleo

Employment Information

Employment Information

Lugar de empleo

Lugar de empleo

Employer

Employer

Dirección

Dirección

Address

Address

Teléfono

Teléfono

Phone
Days

Mujer

Male

Raza

Race

Días

Hombre

Phone

Horas
Hours

Contacto en caso de emergencia
Emergency Contact

Nombre y apellido

Días
Days

Horas
Hours

Otro(s) lugar(es) donde se pueda comunicar con el
demandado
Other place(s) defendant may be reached

Name

Teléfono
Phone

Enmendado:08/17/2007, CN: 10224-English-Spanish
Revised: 08/17/2007, CN: 10224-English-Spanish

página 1 de 2
page 1 of 2

HOJA DE INFORMACIÓN CONFIDENCIAL DE LA VÍCTIMA
(NO DÉ ESTE FORMULARIO AL DEMANDADO)
CONFIDENTIAL VICTIM INFORMATION SHEET
(DO NOT GIVE TO DEFENDANT)
Relación con el demandado
Relationship to Defendant

Rasgos característicos del demandado
Defendant Identifiers

Casados

Estatura

Married

Height

Divorciados

Color de ojos
Eye Color

Peso

Divorced

Color del cabello

Weight

Nunca casados

Hair Color

Tez

Never married

Clara

Complexion

Conviven actualmente
Currently living together

Convivieron anteriormente

Mediana

Light

Oscura

Medium

Dark

Cicatrices, tatuajes, lentes, vello facial, perforaciones del
cuerpo
Scars, Tattoos, Glasses, Facial Hair, Body Piercing

Previously lived together

Tiene hijo(s) con el demandado
Have child(ren) with defendant

Espera un hijo del demandado
Expecting child with the defendant

Han tenido una relación romántica
Have had a dating relationship

Parentesco familiar (especifique)

Otro
Other

Vehículo del demandado
Defendant’s vehicle

Marca

Modelo

Make

Año

Model

Year

Color
Color

No. de placa
License plate #

Family relationship (specify)

¿Tiene usted hijo(s) con el demandado?
Do you and the defendant have children together?
Nombre
Name

Fecha de nacimiento No. de seguro social
DOB

SS#

Reside con
Resides with

1.
2.
3.
4.
5.
6.
7.
¿Hay alguna orden de custodia/visitas/manuteción pendiente o vigente?
Are there any custody/visitation/support orders pending or in effect?

Dónde
Where

Número del expediente
Docket Number

Número del Caso de Manutención de Menores
Child Support Case Number

¿Pide usted actualmente al tribunal manutención de menores o seguro médico?

Sí /Yes

No/No

Sí /Yes

No/No

Sí /Yes

No/No

Sí/Yes

No/No

Are you currently asking the court for child support or medical coverage?

¿Alguna de las partes requiere un intérprete o tiene otra necesidad especial?
Does either party require an interpreter or have other special needs?

Descríbala
Describe

¿Tiene el demandado antecedentes penales?
Does the defendant have a criminal history?

¿Tiene usted un abogado para este asunto?
Do you have a lawyer for this matter?

Nombre y apellido
Name

Teléfono
Phone

LE VAN A HACER PREGUNTAS SOBRE EL INCIDENTE QUE LO TRAJO AQUÍ HOY.
DE CUALQUIER ANTECEDENTE, SI LO HAY.

ESTÉ PREPARADO PARA HABLAR DEL INCIDENTE Y

YOU WILL BE ASKED ABOUT THE INCIDENT WHICH BROUGHT YOU HERE TODAY. PLEASE BE PREPARED TO DISCUSS THE INCIDENT, PLUS ANY
PRIOR HISTORY, IF APPLICABLE.

Enmendado: 08/17/2007, CN: 10224-English-Spanish
Revised: 08/17/2007, CN: 10224-English-Spanish

página 2 de 2
page 2 of 2

GENERAL INSTRUCTIONS
TEMPORARY RESTRAINING ORDERS
COMPLAINT
FIRST ROW: Check off TRO box
SECOND ROW: Must check off box for Superior Court or Municipal.
• If Municipal, which town? Add in town name.
• NOTE: Matter can be brought where plaintiff resides, where Defendant resides, where
Plaintiff is sheltered or where incident took place.
DEFENDANT IDENTIFIERS: Fill in as much information as possible. This is needed if
someone else has to serve Defendant or to verify a warrant. Also needed to input into
FACTS, especially dates of birth. Ask if Plaintiff has a recent photograph of defendant.
STORY: Fill in the date (A0N@) and the time (AAT@), the offense and what Def. did
(theABY@)
• EX: AON 5/18/01, AT 9pm, Def assaulted Plf BY hitting her in the face with a fist@
Give as much detail as possible and note injuries or pain.
CRIMINAL OFFENSE BOXES: check off all that apply; give Defendant notice (due process).
#1: PRIOR HISTORY: detail other incidents, even if not reported; be sure to check box.
For example, A6/99, Def broke plf wrist; called work every day this month@ (NOTE: put prior
docket numbers in # 3)
#2 CRIMINAL HISTORY: Check for SBI number, check for warrants, check central registry
#3 PRIOR OR PENDING MATTERS: fill in with court, dates, dockets numbers where
available
#4 CRIMINAL COMPLAINT: where possible, fill in charges and complainant
#5 WEAPONS – fill in if weapons were removed with number of weapons and type
WEAPON is anything readily capable of lethal use or of inflicting serious bodily injury
ARREST of defendant – check box
#6 MORE BOXES: check off the relationship; for (former) household member, plf must be 18.
#7 CHILDREN: list children in common only; if relationship criteria (#6) is coparents,
make sure the children are listed, no matter where they live and no matter their age.
#8 FAMILY RELATIONSHIP - does not change the jurisdiction of PDVA; put plaintiff first
so if Plf is mother and def is son, write Amother/son.”
CERTIFICATION: plaintiff must sign and date
If using e-TRO, have Plaintiff sign after printing

ORDER
***NOTE: DEFENDANT=S RELIEF IS FIRST***
TOP OF FORM: Make sure Defendant=s name appears on all pages
PART I RELIEF (CAN ARREST FOR VIOLATION OF THIS SECTION)
#1-13 IMPORTANT BOXES:
There are three columns on left side of the Order.
• TRO column shows what is REQUESTED in the Temporary Order
• FRO column shows what is REQUESTED at the Final hearing (ex - child support)
• *GRANTED* column shows what is GRANTED in the TEMPORARY ORDER ONLY *
GRANTED column must be CHECKED for the Order to be enforceable.
BE SURE TO CHECK ALL APPROPRIATE BOXES
#3 PLACES: check off home and residence boxes but fill in actual address only if known to
Defendant; if confidential, write confidential.
#4,5,6: OTHERS: Fill in names and relationship of people known to def
#7 EMERGENT MONEY: Be very specific when this is used; exact amount and when and
how paid
#8, 9 EVALUATIONS AND TREATMENT: Also be very specific—where, when and who
pays
#10 WEAPONS POSSESSION: This section precludes defendant from POSSESSING
weapons only; includes firearms and weapons, purchasing card and id. card; note
Ammunition is not a weapons pursuant to N.J.S.A. 2C:39-1r; fill in weapons other than
firearms in space provided.
NOTE: With the e-TRO, once this box is checked, the line must be filled in with
something; fill in the specifics, or a general statement such as “all weapons.”
#11 EXCLUSIVE POSSESSION: if checked, something must be written; if defendant knows
the address, fill in address; if defendant does not know address, fill in “plaintiff’s
residence.”
#12 CUSTODY: list children in common; need not list other children, esp. where defendant is
not parent of that child.
#13 OTHER RELIEF: this is the section where defendant can be arrested so use this sparingly;
can by used to require return of passports or other papers; house or car keys, etc.
LAW ENFORCEMENT: specify which police department (if known), to accompany defendant
to a specific place to retrieve clothing and toiletries (or other specific item(s)), once for a
limited time (such as 15 minutes).
NOTE ON BOTTOM OF PAGE: a violation can result in arrest and incarceration; only a court
can change the Order.

WARRANT: requires that a WRITTEN INVENTORY of items seized be sent to family
court
PART II RELIEF (Must file Affidavit or Motion in Superior Court for violation of this
section)
***AGAIN NOTE DEFENDANT INFORMATION IS FIRST ****
#1-3

MORE BOXES: SEE ABOVE. Here, it is important to fill in, if possible, what pla
wants at the Final, so def knows what to prepare. Example: risk assessment; child
support; medical insurance; car insurance

PERSONAL PROPERTY: think possession of car, house or car keys, a pet, passports
COMMENTS: This area can be used to continue the story from the first page or advise of
special circumstances, such as special needs child
PAGE 4:
• If TRO denied: check off correct box. If Municipal: check off ATRO DENIED BY
MUNICIPAL COURT.@ Order must still be signed and sent to Family Court
immediately; Plaintiff can go to Superior Court next day and renew request.
• If TRO is granted: check that box, sign, check Box to schedule Final hearing AND
fill in NOTICE TO APPEAR at final hearing with date, time and place
***NEW BOX: IS AN INTERPRETER NEEDED?***
SERVICE: Fill in for Plaintiff.
• If Municipal court, FAX TRO TO FAMILY COURT IMMEDIATELY, even if both
parties not yet served. Superior Court needs time to put info into the computer. If
Defendant needs to be served elsewhere, issuing court must fax to the law enforcement
agency where defendant can be served.
• Service of TRO on defendant must also be FAXED to family court immediately, no
matter who serves it. If unable to serve immediately, fax order to Superior Court and
refax page 4 later with service info whenever Def is served. TRO must also be faxed to
the town where Defendant lives for service, if different.
NOTE: SERVICE OF FRO B must also fax proof of service of FRO to Superior Court for
entry into Central Registry. Fill in date and department that served (page 4)

AOC/ revised 6/1/08

New Jersey Domestic Violence Civil Complaint and Temporary Restraining Order
TRO

N.J.S.A. 2C:25-17 et seq.

Superior Court, Chancery Division, Family Part,
DOCKET
NUMBER

Page 1 of 4

Amended TRO
County

Municipal Court of

POLICE CASE #

FV -

PLAINTIFF’S SEX

IN THE MATTER OF PLAINTIFF (VICTIM)

MALE
LAST NAME

FIRST NAME

INITIAL

PLAINTIFF’S DATE OF BIRTH
FEMALE

DATE OF BIRTH

DEFENDANT INFORMATION
AKA

DEFENDANT’S SOCIAL SECURITY NUMBER

HOME ADDRESS

CITY

EMPLOYER
HAIR COLOR

STATE

ZIP

HOME PHONE NUMBER

WORK PHONE NUMBER

(

(

)

WORK ADDRESS
EYE COLOR

HEIGHT

WEIGHT

RACE

)
DEFENDANT’S SEX
FEMALE
MALE

SCARS, FACIAL HAIR, TATTOO(S), ETC.

The undersigned complains that said defendant did endanger plaintiff’s life, health or well being (give specific facts regarding acts or threats of abuse and the date(s)
and time(s) they occurred; specify any weapons):
AT

ON

BY

which constitute(s) the following criminal offenses(s): (Check all applicable boxes. Law Enforcement Officer: Attach N.J.S.P. UCR DV1 offense report(s)):
HOMICIDE

TERRORISTIC
THREATS

CRIMINAL
RESTRAINT

SEXUAL
ASSAULT

LEWDNESS

BURGLARY

HARASSMENT

ASSAULT

KIDNAPPING

FALSE
IMPRISONMENT

CRIMINAL SEXUAL
CONTACT

CRIMINAL
MISCHIEF

CRIMINAL
TRESPASS

STALKING

1. ANY PRIOR HISTORY OF DOMESTIC VIOLENCE REPORTED OR UNREPORTED? IF YES, EXPLAIN:

2. DOES DEFENDANT HAVE A CRIMINAL HISTORY? (IF YES, ATTACH CCH SUMMARY)

YES

YES

NO

NO
YES

3. ANY PRIOR OR PENDING COURT PROCEEDINGS INVOLVING PARTIES? (IF YES, ENTER DOCKET NUMBER, COURT, COUNTY, STATE)

4, HAS A CRIMINAL COMPLAINT BEEN FILED IN THIS MATTER? (IF YES, ENTER DATE, DOCKET NUMBER, COURT, COUNTY, STATE)

5, IF LAW ENFORCEMENT OFFICERS RESPONDED TO A DOMESTIC VIOLENCE CALL:
WERE WEAPONS SEIZED? IF YES, DESCRIBE
WAS DEFENDANT ARRESTED? IF YES, DESCRIBE
YES
NO

6. (A) THE PLAINTIFF AND DEFENDANT ARE 18 YEARS OLD OR OLDER OR EMANCIPATED AND ARE
PRESENT HOUSEHOLD MEMBER

FORMER HOUSEHOLD MEMBER

MARRIED

OR

YES

NO

NO

DIVORCED OR

OR

(B) THE DEFENDANT IS 18 YEARS OLD OR OLDER OR EMANCIPATED and PLAINTIFF AND DEFENDANT ARE
EXPECTANT PARENTS

YES

NO

UNMARRIED

CO-PARENTS

PLAINTIFF AND DEFENDANT HAVE HAD A DATING RELATIONSHIP

7. WHERE APPROPRIATE LIST CHILDREN , IF ANY (INCLUDE NAME, SEX, DATE OF BIRTH, PERSON WITH WHOM CHILD RESIDES)

8. THE PLAINTIFF AND DEFENDANT:

PRESENTLY;

PREVIOUSLY;

NEVER: RESIDED TOGETHER

FAMILY RELATIONSHIP: ________________________________________________________________________ (SPECIFY)

CERTIFICATION
I certify that the foregoing responses made by me are true. I am aware that if any of the foregoing responses made by me are willfully false, I am
subject to punishment.
DATE

NEW JERSEY DOMESTIC VIOLENCE COURT ORDER

SIGNATURE OF PLAINTIFF

CN: 10010-English

(Rev. 2/07)

Page 2 of 4

DOMESTIC VIOLENCE CIVIL COMPLAINT AND TEMPORARY RESTRAINING ORDER
DOCKET
NUMBER

DEFENDANT’S NAME

FV -

PART 1 - RELIEF - Instructions: Relief sought by plaintiff
DEFENDANT:
TRO

1.

FRO GRANTED
N/A

You are prohibited from returning to the scene of violence.

2.

You are prohibited from future acts of domestic violence.

3.

You are barred from the following locations:

RESIDENCE(S) OF PLAINTIFF

PLACE(S) OF EMPLOYMENT OF PLAINTIFF

OTHER (ONLY LIST ADDRESSES KNOWN TO DEFENDANT):

4.

You are prohibited from having any oral, written, personal, electronic, or other form of contact or communication with Plaintiff.
OTHER(S):

5.

You are prohibited from making or causing anyone else to make harassing communications to: Plaintiff
OTHER(S) - SAME AS ITEM 4 ABOVE OR LIST NAMES:

6.

You are prohibited from stalking, following or threatening to harm, stalk or follow: Plaintiff
OTHER(S) - SAME AS ITEM 4 ABOVE OR LIST NAMES:

7.

You must pay emergent monetary relief to (describe amount and method):
PLAINTIFF:
DEPENDANTS:

8.

You must be subject to intake monitoring of conditions and restraints:

Other (evaluations or treatment - describe):

9.

Psychiatric evaluation:

10.

Prohibition Against Possession of Weapons: You are prohibited from possessing any and all firearms or other weapons and
must immediately surrender these firearms, weapons, permit(s) to carry, application(s) to purchase firearms and firearms purchaser
ID card to the officer serving this Court Order: Failure to do so may result in your arrest and incarceration.

PLAINTIFF:
11.

You are granted exclusive possession of (list residence or alternate housing only if specifically known to defendant):

12.

You are granted temporary custody of:

13.

Other relief for - Plaintiff:

Other relief for - Children:

LAW ENFORCEMENT OFFICER:
You are to accompany to scene, residence, shared place of business, other (indicate address, time, duration and purpose):
Plaintiff:

Defendant:

NOTICE TO DEFENDANT: A violation of any of the provisions listed in this order may constitute either civil or criminal contempt pursuant to N.J.S. A.
2C:25-30 and may result in your arrest, prosecution, and possible incarceration, as well as an imposition of a fine or jail sentence. Only a court
can modify any of the terms or conditions of this court order.
NEW JERSEY DOMESTIC VIOLENCE COURT ORDER

CN: 10010-English

(Rev. 1/07)

DOMESTIC VIOLENCE CIVIL COMPLAINT AND TEMPORARY RESTRAINING ORDER
DOCKET
NUMBER

Page 3 of 4

DEFENDANT’S NAME

FV -

WARRANT TO SEARCH FOR AND TO SEIZE WEAPONS FOR SAFEKEEPING
To any law enforcement officer having jurisdiction - this Order shall serve as a warrant to search for and to seize any issued permit to carry a firearm,
application to purchase a firearm and firearms purchaser identification card issued to the defendant and the following firearm(s) or other weapon(s):

1. You are hereby commanded to search for the above described weapons and/or permits to carry a firearm, application to purchase a firearm and
firearms purchaser identification card and to serve a copy of this Order upon the person at the premises or location described as:

2. You are hereby ordered in the event you seize any of the above described weapons, to give a receipt for the property so seized to the person from
whom they were taken or in whose possession they were found, or in the absence of such person to have a copy of this Order together with such receipt
in or upon the said structure from which the property was taken.
3. You are authorized to execute this Order immediately or as soon thereafter as is practicable:
ANYTIME

OTHER:

4. You are further ordered, after the execution of this Order, to promptly provide the Court with a written inventory of the property seized per this Order.

PART II - RELIEF
TRO

DEFENDANT:

FRO GRANTED

1.

No parenting time / visitation until further ordered;
Parenting time / visitation pursuant to F _________________________ suspended until further order:
Parenting time / visitation permitted as follows:

2.

Risk assessment ordered (specify by whom, any requirements, dates):

3.

You must provide compensation as follows:
Emergent support for plaintiff:
For dependent(s):
N/A

Ongoing support for plaintiff:

N/A

For dependent(s):
Compensatory damages to plaintiff:

N/A

Punitive damages to plaintiff:

N/A

To Third Party(ies) (describe):

Medical coverage for plaintiff:
For dependent(s):
Rent

Mortgage payments (specify amount(s) and recipient(s)):

You must participate in a batterers intervention program:

You are granted temporary possession of the following personal property (describe):

PART II - RELIEF

PLAINTIFF:
You are granted temporary possession of the following personal property (describe):

COMMENTS:

NOTICE TO DEFENDANT: A violation of any of the provisions listed in this order may constitute either civil or criminal contempt pursuant to N.J.S. A.
2C:25-30 and may result in your arrest, prosecution, and possible incarceration, as well as an imposition of a fine or jail sentence. Only a court
can modify any of the terms or conditions of this court order.
NEW JERSEY DOMESTIC VIOLENCE COURT ORDER

CN: 10010-English

(Rev. 1/07)

Page 4 of 4

DOMESTIC VIOLENCE CIVIL COMPLAINT AND TEMPORARY RESTRAINING ORDER
DOCKET
NUMBER

DEFENDANT’S NAME

FV -

TRO denied. Complaint dismissed by Family Part.

TRO denied by Municipal Court, forwarded to Family Part for administrative dismissal,
and plaintiff advised of right to file new complaint in Superior Court, Family Division.
TRO granted. The Court has established jurisdiction over the subject matter and the parties pursuant to N.J.S.A. 2C:25-17 et seq., and has found good
cause that a prima facie act of domestic violence has been established; that an immediate danger of domestic violence exists and that plaintiffs life, health
and well being are endangered; that an emergency restraining Order is necessary pursuant to R. 5:7A(b) and N.J.S.A. 2C:25-28 to prevent the occurrence
or recurrence of domestic violence and to search for and seize firearms and other weapons as indicated in this order.

DATE / TIME

VIA TELEPHONE

HONORABLE

COURT / COUNTY

ALL LAW ENFORCEMENT OFFICERS WILL SERVE AND FULLY ENFORCE THIS ORDER
This ex parte Domestic Violence Complaint and Temporary Restraining Order meets the criteria of the federal Violence Against
Women Act for enforcement outside of the State of New Jersey upon verification of service of defendant. 18 U.S.C.A. 2265 & 2266
THIS ORDER SHALL REMAIN IN EFFECT UNTIL FURTHER ORDER OF THE COURT AND SERVICE OF SAID ORDER ON THE DEFENDANT
NOTICE TO APPEAR TO PLAINTIFF AND DEFENDANT
1.

Both the plaintiff and defendant are ordered to appear for a final hearing on (date) ___________________ at (time) __________________ at the
Superior Court, Chancery Division, Family Part, __________________________________ County, located at (address) ___________________
_______________________________________________________________________________________________

Note: You must bring financial information including pay stubs, insurance information, bills and mortgage receipts with you to Court.
2.

The final hearing in this matter shall not be scheduled until: __________________________________________________________________
__________________________________________________________________________________________________________________

3.

Interpreter needed.

Language: _______________________________________

Upon satisfaction of the above-noted conditions notify the Court immediately so that a final hearing date may be set.
IMPORTANT:

The parties cannot themselves change the terms of this Order on their own. This Order may only be changed or dismissed
by the Superior Court. The named defendant cannot have any contact with the plaintiff without permission of the Court.
NOTICE TO DEFENDANT

A violation of any of the provisions listed in this Order or a failure to comply with the directive to surrender all weapons, firearm permits,
applications or identification cards may constitute criminal contempt pursuant to N.J.S.A. 2C:29-9(b), and may also constitute violations of
other state and federal laws which may result in your arrest and/or criminal prosecution. This may result in a jail sentence.
You have the right to immediately file an appeal of this temporary Order before the Superior Court, Chancery Division, Family Part, as
indicated above and a hearing may be scheduled.
RETURN OF SERVICE
Plaintiff was given a copy of the Complaint / TRO by:
PRINT NAME

TIME AND DATE

SIGNATURE / BADGE NUMBER / DEPARTMENT

I hereby certify that I served the within Complaint / TRO by delivering a copy to the defendant personally:
PRINT NAME

TIME AND DATE

SIGNATURE / BADGE NUMBER / DEPARTMENT

I hereby certify that I served the within Complaint / TRO by use of substituted service as follows:

PRINT NAME

TIME AND DATE

SIGNATURE / BADGE NUMBER / DEPARTMENT

Defendant could not be served (explain): ________________________________________________________________________________

PRINT NAME

TIME AND DATE

SIGNATURE / BADGE NUMBER / DEPARTMENT

DEFENDANT MUST SIGN THIS STATEMENT: I hereby acknowledge the receipt of the restraining Order. I understand that pursuant to this Court
Order, I am not to have any contact with the named plaintiff even if the plaintiff agrees to the contact or invites me onto the premises and that I may be
arrested and prosecuted if I violate this Order.
TIME AND DATE

SIGNATURE OF DEFENDANT

THE COURTHOUSE IS ACCESSIBLE TO THOSE WITH DISABILITIES. PLEASE NOTIFY THE COURT IF YOU REQUIRE ASSISTANCE.
DISTRIBUTION:

FAMILY PART,

PLAINTIFF,

DEFENDANT,

NEW JERSEY DOMESTIC VIOLENCE COURT ORDER

SHERIFF,

OTHER ___________________________________________

CN: 10010-English

(Rev. 1/07)

Family – Domestic Violence Hearing Officer Program Standards
Directive #16-01
Issued by:

December 14, 2001
Richard J. Williams
Administrative Director

Attached are the Domestic Violence Hearing Officer Program Standards that have
been approved by the Supreme Court. Part of our ongoing standardization effort in the
Family Division, these standards were recommended by the Conference of Family
Division Presiding Judges and endorsed by the Judicial Council.
Consistent with the approach that we have been taking in our standardization
efforts, I would ask that you advise me in writing by February 15, 2002 that your vicinage is
in compliance with these standards. For each of those standards that have not yet been
fully implemented in your vicinage, please set out the steps you plan to take towards
implementation and the date by which you anticipate the particular standards will be
implemented.
Any questions regarding these DVHO Program Standards in their implementation
may be directed to the AOC’s Family Division at 609-984-7793.

DOMESTIC VIOLENCE HEARING OFFICER PROGRAM
The Supreme Court has adopted this set of Operating Standards for the Domestic
Violence Hearing Officer Program. The standards and the accompanying commentary
were developed and recommended by the Conferences of Family Division Managers and
Family Presiding Judges. The standards are applicable to the program as implemented in
all vicinages.
I.

Standards/Best Practices -- Domestic Violence Case Processing

Domestic violence case processing standards/“best practices” are in essence set
forth in the Domestic Violence Procedures Manual, as jointly promulgated by the Supreme
Court and the Attorney General for use by courts and law enforcement personnel
throughout the State. The standards set forth here are presented in the same narrative
format, so that they are consistent with and can be inserted directly into the Procedures
Manual.
II.

Standards/Best Practices --Domestic Violence Hearing Officer
(DVHO) Program

DVHO Standard # 1: Appointment
DVHOs shall be hired at the vicinage level in the same manner as all other
Judiciary employees based on the qualifications of the position adopted by the
Department of Personnel, supplemented in the “Note” section as set forth below.
All successful candidates for the DVHO position prior to hearing any cases shall
complete a training program approved by the Administrative Office of the Courts.
The Training Committee of the Conference of Family Division Managers will
develop the training program in coordination with the Judiciary’s Chief of Training
and Staff Development and in consultation with the DVHO Advisory Committee of
the State Domestic Violence Working Group.
Qualifications for the DVHO position include: (1) A bachelor’s degree in a
behavioral or social science; and (2) three years of experience in the areas of domestic
violence or family crisis. A masters degree or admission to the New Jersey Bar and one
year of experience in Family Law (which shall include work involving domestic violence)
may be substituted for one year of experience.
All future DVHO job announcements should include in the “Note” section the
following language: “Awareness of the dynamics of domestic violence and its impact upon
victims, families, and abusers is helpful.”

The Training Committee of the Conference of Family Division Managers has developed
statewide training for new Family staff and training for Family Team Leaders. The Training
Committee will develop the curriculum for newly hired Domestic Violence Hearing Officers. In
developing that curriculum, the Training Committee should coordinate with the Judiciary’s Chief
of Training and Staff Development and consult with the Domestic Violence Hearing Officer
Advisory Committee of the State Domestic Violence Working Group (which includes
representatives from the New Jersey Coalition for Battered Women, Division of Youth and
Family Services, a Family Division Manager, Domestic Violence Hearing Officers, a Family
Presiding Judge, and AOC Family Practice staff). The Conferences of Family Division
Managers and Family Presiding Judges must review and approve the curriculum prior to its
implementation.
DVHO Standard #2: Duties and Responsibilities
A.

Domestic Violence Hearing Officers conduct hearings on requests for
Temporary Restraining Orders. In doing so, a DVHO shall:
1.

Review all related case files involving the parties;

2.

Inform Plaintiff about her/his legal rights and options, and
about available protective services, including shelter care;

3.

Explain to Plaintiff the domestic violence legal process and
procedures;

4.

Explain to Plaintiff that appearance before the Domestic
Violence Hearing Officer is voluntary, and that no adverse
inference shall be drawn if Plaintiff seeks to appear instead
before a judge;

5.

Take testimony and establish a record, including findings of fact
concerning the basis for his/her recommendations;

6.

Rule on the admissibility of evidence;

7.

Draft a comprehensive, case-specific Temporary Restraining Order,
where appropriate;

8.

Forward the recommended Temporary Restraining Order for review
and signature by a judge;

9.

Make appropriate referrals to other agencies for assistance.

10.

Inform Plaintiff of the right to a hearing de novo before a Superior
Court Judge if the DVHO has recommended that a TRO not be
granted.

B.

The DVHO will be expected to assume other similar duties in the Family Division
when time allows. However, even in those counties in which conducting TRO
hearings does not comprise the majority of the DVHO’s time, such hearings shall
take precedence over other duties assigned to the DVHO. Any other duties
assigned to the DVHO must be consistent with the skills, abilities, and status of
the DVHO position.

DVHO Standard # 3: Management Structure
A.

The DVHO shall report to the Assistant Family Division Manager, and for legal
consultation or case issues shall have access to the Family Division Presiding
Judge or a judge designated by the Presiding Judge.

B.

The DVHO should participate in relevant meetings and discussions in the
vicinage held by the Presiding Judge, Division Manager, and Assistant Division
Manager(s).

C.

The DVHO should participate in the County Domestic Violence Working Group,
and in other intra-court and interagency committees/groups at the state and local
levels that are identified as appropriate by Family Division Management (e.g.
Presiding Judge, Family Division Manager or Assistant Family Division
Manager).

D.

The DVHO should attend statewide DVHO meetings, which are to be called by
the Family Division Manager who is designated to chair meetings of the DVHOs,
and may also attend other training events identified and approved by Family
Division Management, the SDVWG’s DVHO Advisory Committee, and the AOC.

The regular statewide meetings of DVHOs will be scheduled at the direction of the Chair
of the Conference of Family Presiding Judges, and will be chaired by the designated Family
Division Manager. It is expected that there will be at least nine such meetings during 2001, with
such meetings scheduled on a regular basis thereafter. It is also the expectation of the
Conference of Family Presiding Judges that all DVHOs will be encouraged and permitted to
attend all such statewide meetings. At the local level, the DVHO is expected to be an active
member of the County Domestic Violence Working Group in order to contribute his/her
expertise to the resolution of local and statewide issues related to the implementation of the
Prevention of Domestic Violence Act.
DVHO Standard #4: Facilities and Staff Support
A.

The DVHO should conduct the hearing in a hearing room specifically set up and
designed to accommodate domestic violence proceedings.
Hearing rooms shall be equipped with a desk/bench for the DVHO, chairs for

the victim and witnesses, space for support staff and security, phone, and PC with access to
FACTS, PROMIS/GAVEL, ACS, ACSES, as well probation, warrant, and jail information, and
the Judiciary’s InfoNet.1
B.

DVHOs shall be provided appropriate security, consistent with and as reflected
in the vicinage’s security plan.

C.

All hearings conducted by the DVHO shall be recorded and a log shall be
maintained. A court staff member should be provided during hearings to operate
the recording equipment, maintain the logs, take files to the judge for review and
signature, and, when necessary, escort the victim to a courtroom or back to
Intake.

D.

DVHOs shall be provided with the current version of the Domestic Violence
Reference Manual, which includes the Domestic Violence Procedures Manual.
DVHOs also shall have regular access to the following:
1.
2.
3.
4.
5.

New Jersey Rules of Court;
New Jersey Rules of Evidence;
New Jersey Code of Criminal Justice;
New Jersey Law Journal and/or New Jersey Lawyer;
Family Division slip opinions, as well as any other slip
opinions relating to domestic violence.

DVHO Standard #5: Jurisdiction
A.

DVHOs shall only hear requests for Temporary Restraining Orders made at the
Family Division during regular court hours. Appearance before the DVHO is
voluntary and a plaintiff may elect to appear before a judge instead. No adverse
inferences shall be drawn from a plaintiff’s election to appear before a judge.

B.

The DVHO shall be governed by the New Jersey Prevention of Domestic
Violence Act, New Jersey Court Rule 5:7A, the Domestic Violence Procedures
Manual, and these Standards in making recommendations regarding the
issuance of an initial Temporary Restraining Order and its specific provisions.

C.

DVHOs may draft and recommend Amended Temporary Restraining Orders
where only the Plaintiff appears and none of the exclusions listed in Section D
below apply.

D.

DVHOs shall not hear a particular matter if any of the following circumstances
exist:

1

Counties that cannot meet this standard immediately will be asked to develop a specific plan to meet the standard within a
reasonable period of time.

1.

When a change in or suspension of an existing custody or
visitation order is sought by plaintiff;

2.

When there are cross-complaints, complex issues or
circumstances, or pending or recently resolved cases involving the
parties that make the matter “complex”; (this determination of
“complexity” by the Hearing Officer is subject to the oversight of the
Presiding Judge or Lead Domestic Violence Judge)

3.

Where a party has submitted an application for dismissal;

4.

When both parties are present;

5.

When a TRO has been denied by the Municipal Court, and the
Plaintiff appears at the Family Division for a hearing de novo;

6.

When a conflict of interest or the appearance of impropriety would
result.

E.

Other than the matters set forth in Section D above, all cases shall be brought to
the attention of the DVHO, who can make referrals to the designated judge as
necessary and appropriate.

F.

The following provisions are applicable to cases involving the use or threatened
use of weapons.
1.

When a domestic violence complaint is taken in a matter that
involves the use or threatened use of a weapon, or where the
defendant possesses or has access to a firearm or other weapon
described in N.J.S.A. 2C:39-1r, this information should be noted on
the complaint and transmittal form that will be attached to the other
paperwork forwarded to the DVHO;

2.

If the DVHO finds that good cause exists for the issuance of a
TRO, the DVHO should proceed to review and check off those
restraints and reliefs being recommended;

3.

During the hearing, when the DVHO reaches the section of the
TRO prohibiting weapons possession, and after having
determined that there are weapons to be seized, the DVHO
should ask for as detailed a description as possible
concerning the type and number of weapons, and their specific
location(s);

4.

G.

If the DVHO determines that there is probable cause for
seizure, the DVHO should note this on the record and then
should:
a.

Complete the weapons seizure affidavit form
[Attachment] based on Plaintiff’s testimony, including
details about the weapon(s) to be seized and the likely
location(s) of the weapon(s), as well as the basis for
Plaintiff’s belief that such weapons are in Defendant’s
possession or are accessible to Defendant;

b.

Review the contents of the affidavit with Plaintiff of the record
and have Plaintiff sign the affidavit; the DVHO should witness
Plaintiff’s signature;

c.

Complete the warrant portion of the TRO with specificity
regarding the weapon(s), location(s) of same, and any other
instructions to law enforcement;

d.

Once the TRO hearing is completed, the recommended TRO,
along with the Weapons Seizure Affidavit, should be
presented to the appropriate judge for review (including
specific review of the affidavit and warrant section of the
TRO) and signature. The probable cause determination
regarding weapons seizure should be placed on the record,
along with the docket number and other identifying case
information;

e.

If the judge does not concur with the TRO as recommended,
or wishes to take testimony directly from the victim, or if the
DVHO finds no basis for the issuance of the TRO or a lack of
probable cause for weapons seizure and Plaintiff requests a
hearing de novo on either determination, the case should be
handled as an excluded case and forwarded to the judge for a
hearing de novo.

All recommendations made by the DVHO shall be reviewed by a Family Division
Judge or other Superior Court Judge, as follows:
1.

The Family Presiding Judge or a judge designated by the Presiding
Judge immediately shall review all Temporary Restraining Orders
recommended by the DVHO. If the judge finds the recommended
TRO to be appropriate, he or she should sign the TRO. The fact that
the matter was heard by a DVHO may be noted on the file but shall
not appear on the TRO itself.

2.

A plaintiff who does not agree with the findings and/or
recommendations of the DVHO shall be entitled to an immediate
hearing de novo conducted by the Family Presiding Judge or a
designated Family Division judge.

3.

Copies of the signed TRO shall be provided to Plaintiff by the court
or court staff, in accordance with local practice, before Plaintiff
leaves the courthouse. Defendant shall be served a copy pursuant
to N.J.S.A. 2C:25-17 et seq.

The Domestic Violence Procedures Manual sets out the standard for the maximum
amount of time that an individual should have to wait for a hearing. Every effort should be made
for cases to be heard within one hour after the time the complaint was completed. The
Domestic Violence Technical Assistance Team has examined this aspect of the process in
every county and has made recommendations for improvement in those counties in which the
amount of time a victim waits exceeds the standard.
Concern has been expressed that the DVHOs’ caseloads will expand as a result of the
specific authority to hear matters involving weapons, as set forth above. This will be monitored
at DVHO meetings and will be brought to the attention to the Presiding Judges-Family Division
Managers Domestic Violence Subcommittee, if necessary.

ATTACHMENT
AFFIDAVIT IN SUPPORT OF DOMESTIC VIOLENCE SEARCH WARRANT
I, ______________________ , having been duly sworn upon my oath according to the law, depose and say:
1.On ___________________, 200__, I was subjected to an act of Domestic Violence by the above defendant.
2.

I allege that the defendant committed an act of Domestic Violence as described in the attached
Complaint, such acts posing an imminent danger to my life, health or well-being.

3.

I also believe that the defendant is in possession of a weapon(s) that I reasonably believe would expose
me to a risk of serious bodily injury.

4.

These weapon(s) consist of (be as specific as possible)______________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
__________________________________________________________________________________ .

5.

I am aware that the defendant possesses or has access to these weapons based upon (how the victim is
aware of weapons)
__________________________________________________________________________________
__________________________________________________________________________________.

6.

The defendant’s weapons, noted in Item 4, are located at (be as specific as possible as to location of the
weapons and owner of the premises, if not the defendant.)
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
__________________________________________________________________________________ .

7.

I would request that the items in Item 4, as well as any other weapon that may be located by law
enforcement at the location(s), be seized for safekeeping purposes. I would further request all of the
defendant’s permits to carry a firearm, firearms purchaser identification card, and any outstanding
applications to purchase firearms be seized.
__________________________________
Signature of Affiant

Oath administered and witnessed by:
_______________________________
Hearing Officer
Date:________________

[Questions or comments regarding this
Directive may be directed to (609) 984-4228.]

Directive # 2-06
[Supplements Directive #16-01]
TO:

Assignment Judges

FROM:

Philip S. Carchman

SUBJ:

Standards for Backup Domestic Violence Hearing Officers

DATE:

January 30, 2006

The Judicial Council at its December 8, 2005 meeting approved the attached set
of Standards for Backup Domestic Violence Hearing Officers (“Backup DVHOs”). These
Standards for Backup DVHOs supplement the Domestic Violence Hearing Officer
Program Standards previously promulgated by Directive #16-01.
These Standards for Backup DVHOs authorize vicinages to designate an existing
staff person as a Backup DVHO to function temporarily as a DVHO on a collateral, parttime basis when the DVHO is absent or otherwise unavailable. Any such designations
are to be made by the Assignment Judge, with the Backup DVHO first to have
completed the same training required of full-time Domestic Violence Hearing Officers.
Please feel free to contact Assistant Director Harry Cassidy at 609-984-4228 with
any questions or for further information concerning the appointment and training of
Backup DVHOs.
P.S.C.

attachment
cc:
Chief Justice Deborah T. Poritz
Family Presiding Judges
Theodore J. Fetter, Deputy Admin. Director
AOC Directors and Assistant Directors
Trial Court Administrators
Family Division Managers
Geraldine Washington, Chief, Family Practice Division
Steven D. Bonville, Special Assistant
Francis W. Hoeber, Special Assistant

DOMESTIC VIOLENCE HEARING OFFICER (DVHO) PROGRAM
STANDARDS FOR
BACKUP DOMESTIC VIOLENCE HEARING OFFICERS (BDVHOs)
Promulgated by Directive #2-06 as a Supplement to Directive #16-01
Purpose
The Domestic Violence Hearing Officer Program Standards approved by the Supreme
Court established the procedures for appointing and training DVHOs and for the conduct
of domestic violence proceedings before such Hearing Officers. The Standards are
documented in Directive #16-01, dated December 14, 2001. The Backup DVHO
Standards described authorize vicinages to designate a staff person to function
temporarily as DVHO when the DVHO is absent for any reason. The use of a Backup
DVHO may obviate the need for a judge to hear requests for a domestic violence
restraining order when the DVHO is absent and thus provide more prompt responses to
plaintiffs in these cases. Vicinages are not required to make such designations, but are
permitted to do so.
BDVHO Standard # 1: Designation
Backup DVHOs shall be designated by the Assignment Judge or his/her designee
following the candidate’s completion of the training and approval process
outlined herein. The candidate must be either an Administrative Specialist 4 or an
Assistant Family Division Manager.
BDVHO Standard #2: Duties and Responsibilities
The duties and responsibilities of the BDVHO shall be the same as for the DVHO
as set forth in DVHO Standard #2.
BDVHO Standard #3: Management Structure
The BDVHO shall report to the Assistant Family Division Manager, and for legal
consultation or case issues shall have access to the Family Presiding Judge or
another judge designated by the Presiding Judge. If the BDVHO is an Assistant
Family Division Manager, he or she shall report to the Family Division Manager.
BDVHO Standard #4: Training Curriculum
All Backup DVHOs must complete the approved Domestic Violence Hearing
Officer training curriculum prior to conducting hearings.
A prospective BDVHO shall be present and observe DVHO proceedings on
requests for TROs with the vicinage mentor DVHO at a minimum of 30% of the
Standards for Backup Domestic Violence Hearing Officers
Directive #2-06 (issued January 30, 2006)
Page 1 of 3

county’s monthly DV caseload for the first month of training and will observe
DVHO proceedings that involve weapons at a minimum of 20% of the county’s
monthly caseload of such cases. The BDVHO candidate shall also observe
requests for TROs and FROs heard by vicinage Family Part Judges at a minimum
of two days in his/her first month of training. The BDVHO shall also observe an
existing DVHO in another vicinage for two days during this period. The BDVHO
candidate is also required to meet with the DV Advisory Judge 1 at least once
during this time at the convenience of the DV Advisory Judge. The length of time
a candidate for the BDVHO position remains in training shall be determined in
consultation with the vicinage’s Family Presiding Judge, the state DV Advisory
Judge, the Family Division Manager and the AOC Family Practice Division, and
will depend upon the following:
a.
b.
c.
d.
e.

Prior Domestic Violence training and experience;
Report from the Family Part Presiding Judge;
Report from the DV Advisory Judge;
Report from the mentor DVHO;
Report from vicinage DVHO.

After consultation with vicinage management and reports from the mentor DVHO
and any other DVHO who may have observed the BDVHO, the DV Advisory
Judge will make a determination as to that individual’s ability to conduct hearings
independently. If the determination is positive, the BDVHO may proceed to hear
requests for TROs immediately upon the designation by the Assignment Judge or
his/her designee.
Should the newly designated BDVHO require additional training based on the
reports received, that training will be organized by AOC Family Practice Division
for a length of time determined by the DV Advisory Judge.
BDVHO Standard #5: Conducting Hearings Under Supervision
When all parties agree that the BDVHO is ready to conduct hearings under the
supervision of the existing DVHO, that additional training shall be no less than 10
cases.
BDVHO Standard #6: Conducting Hearings
In order to keep their skills current, the BDVHOs shall conduct (at a minimum)
10% of the monthly hearings of the county where they are assigned on an ongoing
basis. The schedule shall be determined by the Family Division Manager in
relation to the other duties of the BDVHO and the volume of domestic violence
cases in the vicinage.
1

The statewide Domestic Violence Advisory Judge is designated by the Administrative Director to provide
technical assistance to vicinages in the management of their domestic violence programs. The current DV
Advisory Judge is Judge Thomas Dilts, P.J.F.P., Somerset/Hunterdon/Warren Vicinage.
Standards for Backup Domestic Violence Hearing Officers
Directive #2-06 (issued January 30, 2006)
Page 2 of 3

BDVHO Standard #7: Continued Training
BDVHOs shall have at least three days of continuing education/training per year.
Information pertaining to training opportunities should be made available at the
vicinage level and through the AOC Family Practice Division.
BDVHO Standard # 8: Compliance with Existing DVHO Standards
BDVHOs shall operate within the following existing DVHO Standards:
a.
b.

Standard # 4 Standard # 5 -

Facilities and Staff Support
Jurisdiction

Standards for Backup Domestic Violence Hearing Officers
Directive #2-06 (issued January 30, 2006)
Page 3 of 3

~

g,

'""r--

III

III

Prepared by the Prosecutors
and Police Bureau & Office or
Victim. Witness Advocac.v
Division or Criminal Justice

Introduction
Form

to Training

Guide

for Victim

Notification

The Victim Notification Form has been revised to improve the
recording of information. This will assist the victim, the law
enforcement officer and the courts in providing notification to the
victim. The revisions will be noted in this training guide. It is
important to keep in mind the following:
"Victims are the people behind crime statistics. They
are the individuals who suffer the injuries inflicted by
criminals
"1 A victim of crime is entitled to know

A copy of the
revised form is
included in this
training guide. The
revisions will be
explained in this
training guide.

when the offender is arrested or released from
custody. This is the law in this State.
"The Legislature finds and declares that it is in the
public interest that victims involved in proceedings
within the State's criminal justice system receive
adequate notice and advice concerning critical stages
of the criminal justice process to allow for
participation and understanding."2
To provide arrest and release information to the victim, the
Attorney General has approved a revised Victim Notification
Form. This form has been designed for quick entry of information
with its "check the box and fill in the blank" format.
This form replaced the Domestic Violence Victim's Rights Form
and includes the Crime Victims' Bill of Rights in English and in
Spanish.3 This form should be completed
.

during the initial stages of the investigation of an
indictable offense where there is a victim;

.

when a defendant is arrested for an indictable criminal
offense; or

.

when a police officer responds to a domestic violence
incident.

DCJ In-Service Training

1

Rev. 4/00

Note: The information
contained
on this form is
confidential.
No information
is to be released
or given to
the defendant,
defense counselor
any person not having
an absolute
need to know.

This information
is confidential

For the safety of the victim,
this form should
not be kept
in any file, which
contains
discoverable
material,
that is
information
that will be given to the defendant
under the
discovery
rules of court.4 This effort may prevent
retaliation
attempts
by the accused.

Officers should not write any domestic violence victim
contact information
in their incident reports which may
disclose the whereabouts
of the victim. Incident
reports
are discoverable.
Confidentiality
of this information is extremely important,
especially in domestic violence cases where the victim has
relocated to escape the abuser who may resort to threats or acts
of violence to intimidate the victim. The officer must keep in mind
the dynamics of domestic violence and the batterer's need to
maintain power and control over the victim. A victim of domestic
violence may be at a 75 percent greater risk of serious injury
when the victim leaves the battering relationship.

For more informatior
on the dynamics of
domestic violence,
please see the
Dynamics of Domestic
Violence) Training
Module 1,.issued by
the Division of
Criminal Justice in
1995.

The officer should stress to the victim the importance ofkeeping
the police, the prosecutor's office or the courts informed of any
changes in address or telephone numbers where the victim can be
immediately contacted.
The officer also should point out to the victim information
contained on the pink copy of the form, which includes important
telephone numbers. The victim should be advised to contact the
county Office of Victim-Witness
Advocacy ifhe or she has any
questions about the criminal justice process.
I.

A Close

Look

at the Top

Portion

of the Form

A. The top portion of the form, shown on the next page, is
to be completed by the officer who responds to the call
or a person who assists the victim. This portion asks
for the basic identifying data.

DCJ In-Service Training

74

2

Rev. 4/00

r

Defendant:
Warnmtl(Sumrnons)

Charges:

No.

Department/Agency:

N arne of Police Officer or Court Staff:
Telephonc

Date:

DOB:

SSN:

Date of Arrest:

.Case/DocketNo.

Fax No.

No.

Defendant Information -In addition to defendant's
name, list defendant's social security number, date of
birth, or jail commitment number, ifknown.
The law enforcement officer or court staff initiating
this form should complete the identifying
information portion of the form. Law enforcement
officers should list badge number next to his or her
name. The victim, who will receive the pink copy of
this form, will use this information to contact the
person preparing this form.

.

Checking

II.

the Boxes

This portion of the form is filled out by the responding officer or
court personnel assisting the victim. This information will alert
the notifying agency regarding the required timetable for notifying
the victim of an arrest or release.
Check
O
Q

Appropriate

Boxes

( 0/)

Victim cannot be idcntilied or is a government agency
If dcfcndant is charg(.-d with one of following nffenses, victim informl.-d of right to irnmediatc notification
release from pretrial
0
0

kidnapping. 0

custody:

robbery.

domC5tic violence: 0

O aggravated assault, 0

0

scxual offcnsc.-;. 0

Violation of TRO/FRO; 0

0

In all other cases. victim informed

0

Time & date of court hearing, if applicable,

A.

Victim

cannot

arson. 0

carjacking. 0

child abuse. 0

of defendant's

death by auto. 0

arrest or

homicidc,

stalking
Other domC5tic violcncc offcnscs -N.J.S.A.

that hc/shc will bc notified within 48 hours after defcndanrs
in which court may consider derendant's

be identified

2C:25-19a
arrest or pretrial relea.~

bail status:

or is a government

agency

The officer should make reasonable efforts to identify
the victim of the criminal offense at the time the form
is completed. However, there may be instances when
it is not possible to identify a victim. Examples when
this box should be checked are:
.

when there is damage to government property;

DCJ In-Service Training

3

Rev. 4/00

I

B.

.

when vacation property, whose owner has not
been identified, is stolen or damaged;or

.

When a murder victim's identity is unknown.

Immediate

Notification

Crimes

If one of the enumerated crimes has been committed,
the responding officer must check the appropriate
box. This signifies to the notifying agency as well as
the victim, that immediate telephone notification
must be initiated when the defendant is arrested or if
the defendant is about to be released from custody.
Note:
The
notification"
regardless

term
"immediate
telephone
should
be interpreted
strictly
of the time
of day or night.

There is a box entitled "domestic violence" which is
illustrated below. This box is to be checked when the
domestic violence act is violated. If the domestic
violence incident is a violation of a restraining order ,
the "violation ofTRO/FRO" box should be checked. If
the domestic violence offense is one of the enumerated
domestic violence crimes, the box "Other domestic
violence offenses -N.J.S.A.
2C:25-19a" should be
checked. All domestic violence offenses, regardless of
classification, require immediate notification.

I Criminal
Offenses
that activate
the
protections
of the
domestic violence act
are:

Homicide, assault,
terroristic threats,
kidnapping, criminal
restraint, false
imprisonment, sexual
assault, criminal sexu~
contact, lewdness,
criminal mischief,
burglary , criminal
trespass, harassment,
I and stalking.

Further down on the form, the victim will have the
opportunity to choose not to be notified by telephone.
However, the officer must explain to the victim that
under the law, the victim is entitled to be notified
immediately if one of these criminal offenses has been
committed and the defendant is either arrested or is to
be released from custody.

DCJ In-Service Training

4

Rev. 4/00

If the officer at the scene knows that because of the
nature of the criminal offense the arrested defendant
will be released on his or her own recognizance after
being processed at headquarters, the officer should
explain this procedure to the victim at this time.
Since the defendant will not be held in custody, no bail
will be set and no further notification regarding
defendant's release will be made to the victim.
c.

Notification
within
pretrial
release

48 hours

after

arrest

or

If the criminal offense is not a domestic violence
related offense or the indictable criminal offense is not
one of the enumerated offenses requiring immediate
notification, the victim is to be notified within 48
hours of the defendant's arrest or pretrial release.5

D. Time & Date of Court Hearing
Some counties have a Central Judicial Processing
Court (CJP Court) where the defendant will be
brought before the court, informed of the pending
charges and bail will be set. In these jurisdictions, the
officer should write in the time and date of the court
hearing.
III.

Victim

Information

This infonnation should be printed legibly either by
the victim or by the responding officer. The victim
should be instructed to give a name and telephone
number where he or she can be reached. If the victim
does not have a telephone, a number for a friend,
neighbor or relative must be provided.
In the case ofhomicide, all surviving family members
are considered "victims." The officer should obtain
victim contact information from the closest relative
(i.e., spouse first, the parents or adult children or
siblings) or his/her designee.
If the victim is a juvenile, a name of a parent or
guardian should be listed with the following notation:
"for juvenile."

DCJ

In-Service

Training

5

Rev. 4/00

Nameof Victim/Sumvor:

[ ID No, if applicable:

A. ill No, if applicable
(If your county has instituted an automated notification
system (e.g. VINE), the victim should write in his or her
personal identification number in this block. The
automated notification program should be explained to
the victim in accordance with county procedures.)
(If your county utilizes an "800" access number for
victim notification so victims can find out the status of
the defendant, the victim should enter his or her PIN in
this block.)
B.

Address

and

Telephone

Numbers

The officer should explain to the victim the importance
of listing the victim's home and work addresses and
telephone numbers and work hours. The victim should
be instructed to inform his or her employer that the
police might be calling to provide information about the
case. If the victim resides in an apartment, the
apartment number as well as the street address must
be listed.
c. Other

Contact

List at least one person to contact
~

Information

if you cannot be rcachcd
~

at the above home or work

telcphonc

numbers:
TeleDhnne Numh.,r

Olher infonn31ion that may be needed to contact you:

The victim must list at least one person who will know
the victim's whereabouts if the victim cannot be
contacted at the numbers given.

DCJ In-Service Training

6

Rev. 4/00

If the victim has any other means of contact, such as a
pager or cellular telephone, the number should be listed
in the "other information" block.
D.Victim
.I

do not

want

Notification

to be notified

Preferences

by telephone

when

defendant

is

a

arrested

or

a

released

on baiL

Notification

)1 mail is sufflCient:
(Siinalure of vidim)

(Date)

In some cases, a victim may not want to be notified by
telephone when the defendant is either arrested or about
to be released from custody. If the victim does not want
immediate notification, the victim should check the
,appropriate box and sign and date this portion of the
form.
E.

Domestic

Violence

Information

Domestic
Violence
Victims
Only: My Domeslic Violence Rights have bcen explained to me & I have been given a copy of them
O
I want a civil restraining order;
O I do not want a civil restraining order at this time.
(Sign~!Ureof victim)

Note: In Domestic
must be completed
restraining
order
This form. should

Violence
cases, this portion
of the form.
even if the victim
does not want a
and even if no criminal
charges
are filed.
then be retained
for police records
only.

The reference on the form to a "civil restraining order"
means a temporary domestic violence restraining order .
In cases involving domestic violence, the officer must
inform the victim of the domestic violence rights.6 The
victim's domestic violence rights are printed on the
reverse side of the pink copy, which is always given to
the victim.
The officer must ask the domestic violence victim ifhe
or she wants a domestic violence civil restraining order .
The officer should instruct the victim to check the
appropriate box and to sign this portion of the form.

DCJ

In-Service

Training

7

Rev. 4/00

F.

Distribution

of Forms

This completes the responsibilities of the responding officer.
The Victim N otification Forms is now ready to be
distributed to the various agencies:

.

White copy to correctional

facility

If the defendant was arrested at the time this form is
completed, a copy of this form must accompany the
defendant to the correctional facility

.

Note: Some County
Prosecutor's Offices
may requ~re
additional
I distribution of this
rorm.

The instructor will
note what your
county procedures
requz:re

If the defendant was not arrested at this time, the form
should be held at the police department until the
defendant is apprehended. Then the white copy should be
forwarded to the correctional facility at the time the
defendant is transported to the correctional facility.
Canary copy to the police
Pink copy to the victim

.

A copy of this form should be faxed to the County
Office of Victim- Witness Advocacy or the appropriate
Family Division Court in accordance with county
procedures. If no criminal complaint had been filed but
the victim wants a domestic violence restraining order ,
the copy of this form should be faxed to the appropriate
court.
If both a criminal complaint and a temporary
restraining order are filed, both the Office ofVictimWitness Advocacy and the Family Division Court
should be faxed a copy of this notification form in
accordance with county procedures.

IV.

Notifying

Agency

Portion

of Form

A. This portion of the form is to be completed by the
agency, which notifies the victim when the defendant is
either arrested, or about to be released from custody. In
some cases, this notifying agency will be the police
department; in some cases, it will be the county
correctional facility or victim-witness office.

DCJ

In-Service

Training

8

This notification
Drocedure may vary
from county to
county.

Rev. 4/00

For Use by Notifying
D Defendant arre.o;ted
on

Agency

Only

When

Defendant

bv

(0.,.,
D Defcndant relcascd from cuslody

Is Arrested

or Released

Place of Custody:
1'.'.",\

at

lDo...

Rcason for Rclc:l.o;c:

.on-l

Releas.:dby:

D Conditions ofreleasc -order attached

B. Where the arresting agency is not the same one that
conducted the initial investigation or the one completing
the top portion of the form, the arresting agency should
notify the investigating agency of the arrest. If the
defendant is to be incarcerated, a copy of this form
should be submitted to the county correctional facility in
accordance with county procedures.

It is the investigating
agency's
notify
the victim
in accordance
listed above.
c.

Let's look
detail:
.

at some portions

Investigating
agency's
responsibility to
notify victim

responsibility
to
with the criteria

of this

section

Defendant
released
from custody
(time). Reason for release

(date)

in closer

at

The officer inserts the date and time the
defendant
is released
from
custody
for
the release,
such as
"bail,"
etc. and the reason
.
.

Released

by

Conditions

of release

The name of the officer and agency responsible for
the release of the defendant is entered on this line.
If there are any conditions for the release, that
order is attached and this box is checked.

An example of a condition of release could be when
a defendant is released from custody with a
restriction that the defendant not have any
contact with the victim.
.

Efforts made to contact victim

Efforts made to contact victim: [Allea.~(two a((emplsmustb.: made(0 contactvictim at eachof the numb.:rslisted above
PhoneNum~rC:lII"d D:lt,,/time
N:lmeo(Cal!"r/Ac"ncx
Indicllt". PcrsonNolificdI NoOneNolifi"d
L

DCJ

In-Service

Training

9

Rev. 4/00

The notifying agency must make at least two
attempts at separate times to contact the victim.
These attempts should be documented in the
spaces provided:
.

Additional

action

taken

to notify

the victim

If the victim can not be located by calling the
designated numbers but the notifying agency
takes additional steps to locate the victim, that
information should be entered on these lines with
a check in the appropriate box.
In caseswhere immediate notification is required
but attempts have failed, the notifying agency
should request that the appropriate law
enforcement agency where the victim resides
attempt to notify the victim in person of
defendant's release.

Procedure when
victim cannot be
immediately
located

If the police are not able to notify the victim, the
police should on the next business day, notify the
Office of Victim-Witness
Advocacy.7
.
-~
O

Updated

information

attached
~

Updated

Information

attached.

CONFIDENTIAL

White Copy 10 Corrcclionnl Fncility: Cnnnry Copy 10 Police: Pink Copy 10 Victim: Fox Copy 10 Victim-Witncss

-INFORMATION
Office or Court (DCJ Rev.2/00)

If a victim changes any contact information, this
box should be checked and the information should
be forwarded to the correctional facility if
applicable and to the Office ofVictim-Witness
Advocacy.

DCJ

In-Service

Training

10

Rev. 4/00

v.

Summary .
Victim notification is a vital function oflaw enforcement. In
some cases, victims need to be reassured that police,
prosecutors and the courts are taking every step possible
under the law to protect them. It also is important that
police inform victims that in many cases, defendants will be
released from custody ~ending disposition of the criminal
charges against them.
Victims should be infonned that if the defendant attempts to
intimidate, threaten or harass them while the matter is
pending that they should immediately contact the police.

1 Attorney General Standards to Ensure the Rights of Crime Victims at iii (April 28, 1993)
2 Notification Provided to Victims of Critical Events in Criminal Justice Process. L. 1994, c. 131
section 1, eff. Oct. 31, 1994, N.J.S.A. 52:4B-44
3 N.J.S.A. 52:4B-36
4 R. 3:13-3
5 See Footnote 1, supra, at 2.2
6 N.J.S.A. 2C:25-23
7 See Footnote 1, supra, at 4
8R. 3:26-1(a)

DCJ In-Service Training

11

Rev. 4/00

~

VICTIM

NOTIFICATION

FORM

Defendant:

.Confidential
Information
(Please Print or Type)
I

SSN:

Date of Arrest:

-Not to be Disclosed
Case/DocketNo.

DOB:

Warrant/(Summons)No..

~

Date:

Charges:

Name of Police Officer or Court Staff:

Department/Agency:
Telephone No.
Fax No.
Check Appropriate Boxes ( .I') CHECK ALL BOXES THAT APPLY
O Victim cannot be identified or is a government agency
O If defendantis chargedwith any of following offenses,victim informed of right to immediate notification of defendant's arrestor release

O In all other cases,victim informed that he/shewill be notified within 48 hours after defendant's arrest or pretrial release.
Time & date of court hearing, if applicable) in which court may considerdefendant'sbail status:

Victim

Information:
""",'
Name of Victim/~PmyQI;:
.Home

call police

or court

at above number

[ ID No, if applicable:
Telephone

name/address:

number:

Telephone No.:

Work hours

at least one person to contact if you cannot be reached at the above home or work telephone numbers:
~
~
Telephone Numbe~

.Other
Non

changes,

address:

.Work
.List

If any of this information

information
Domestic
O

that may be needed to contact you:
Violence

Victims:

I do not want to be notified

released on bail. Notification

by telephone

when defendant

is

O arrested

or

by mail is sufficient:
(Date)
1!?!'1!'

3ld

,"",
,;.;~

If defendant is to be incarcerated,
institution

.

For Use by Notifying
O Defendantarrestedon

a copy of this form must be delivered to the appropriate

Agency Only When Defendant

-by

for Release:

at

(Date)

(Time)

Released by:

O Conditions of release -order attached
(Nameof Officerauthorizing
~I.ase)

made

to contact

Phone Number Called

Additional

or Released

pX~~~fg~;Q~~!~~~:

(Dale)
(Aaency)
O Defendant released from custody -Reason

Efforts

is Arrested

correctional

victim:

[At

Date I time

least two attempts

(DepanmenI/Agency)
must be made to contact

Name of Caller IA~enc~

Action Taken to Notify the Victim by O Police; O

victim
Indicate:

Correctional Institution;

at each of the numbers
Person Notified

I

listed

above]:

No One Notified

O Victim- Witness Office;

O Court Staff
.

O

Updated

information

White Copy to Correctional

Facility:

attached.
Canary Copy to Police; Pink Copy to Victim;

CONFIDENTIAL
Fax Copy to Victim-Witness

INFORMATION
Office or Court

(DCJ

Rev.4100)

~

VICTIM

NOTIFICATION

FORM

.Confidential
Information
(Please Print or Type)

Date of Arrest:

Warrant/(Summons)

No.

Check

Appropriate

Department/Agency:
Fax No.

No.
Boxes

Date:

Charges:

Name of Police Officer or Court Staff:
.Telephone

to be Disclosed

DOH:

SSN:

Defendant:

-Not

( .()

O
O

Victim cannot be identified or is a government agency
Domestic violence victim (check appropriate boxes below or write in offenses in space below)

O

If defendant is charged with one of following offenses, victim informed of right to immediate notification of defendant's arrest or release
from pretrial custody: O aggravated assault, O arson, 0 carjacking, O child abuse, O death by auto. O homicide. O kidnapping,
O robbery. O sexual offenses, O stalking, O violation of domestic violence TRO/FRO; O other domestic violence offenses -N.J.S.A.
2C:25-19a (describe:
In all other cases, victim informed that he/she will be notified within 48 hours after defendant's arrest or pretrial release.

O

O Time & date of court hearing, if applicable, in which court may consider defendant's bail status:

Victim

Information:

If any of this information

changes,

call police

Name of Victim/Survivor:
.Home
.Work
.List

or court

at above number

[ ill No, if applicable:

address:

Telephone number:

name/address:

Telephone No.:

Work hours

at least one person to contact if you cannot be reached at the above home or work telephone numbers:
~
~
Te1eohoneNumber

.Other

infonnation

.Non

Domestic

that may be needed to contact you:
Violence

Victims:

O released on bail. Notification

by mail

I do not want to be notified

by telephone

when defendant

is

O arrested

or

is sufficient:

(Signatureof victim)
(Date)
Domestic
Violence
Victims
Only: My Domestic Violence Rights have been explained to me & I have been given a copy of them.
O
I want a civil restraining order;
O I do not want a civil restraining order at this time.
(Signatureof victim)
.

If defendant
institution

is to be incarcerated,

For Use by Notifying
O Defendant arrestedon.

a copy

of this form

Agency

must

Only When

-by

be delivered

Defendant

or Released

for Release:

at

(Datel

(Time)

Released by:

0 Conditions of release -order attached
(Nameof Officerauthorizing
release)

made

is Arrested

correctional

Place of Custody:

(Date)
(ABency)
0 Defendant released from custody -Reason

Efforts

to the appropriate

to contact

Phone Number Called

victim:

[At

Date I time

least two attempts

(DepanmenI/Agency)
must be made to contact

Name of Caller IAgencx

victim
Indicate:

at each of the numbers
Person Notified

I

listed

above]:

No One Notified

I.

Additional

Action Taken to Notify the Victim by O Police; 0

Correctional Institution;

0 Victim- Witness Office;

0 Court Staff
-

O

Updated

information

White Copy to Correctional

Facility:

attached.
Canary Copy to Police; Pink Copy to Victim;

CONFIDENTIAL
Fax Copy to Victim-Witness

INFORMATION
Office or Court

(DCJ

Rev.4100)

Family –Domestic Violence Procedures – Electronic
Filing
of Complaints and Temporary Restraining Orders
(“E-TRO”)
E-TRO – the project by which domestic violence complaints and temporary
restraining orders may be filed electronically – operated on a pilot basis for
nearly five years before expanded statewide in July 2007. The Supreme
Court initially authorized the project in December 2002, with two
expansions of the pilot thereafter. The Court’s approval included relaxation
of a number of Rules of Court for the pilot counties. By all measures the
pilot test of E-TRO has been a success in all municipalities in which it has
been implemented.
The Administrative Office of the Court’s Family Practice Division,
Information Technology Office, Automated Trial Court Services Unit, and
Municipal Court Services Division collaborated in the development of this
innovative program. The initiative and support of the pilot vicinages and
municipalities have been invaluable.
The program provides an efficient means for filing domestic violence
complaints and temporary restraining orders after normal court hours. ETRO streamlines the procedures so that after hours, a police officer
interviews the complainant at the police station, completing both the
complaint and the proposed TRO at a computer terminal. The relaxed rules
allow the police officer to enter the complainant’s name on the complaint in
lieu of the complainant’s signature. The judge then takes sworn testimony by
telephone. If the judge determines to issue the TRO, the judge directs the
police

officer to enter the judge’s name on the TRO electronically. The electronic
TRO is immediately enforceable and may be served on the defendant. Police
staff prints out and retains hard copies of the complaint and TRO and then
transmits the documents to a server that is interfaced with the Judiciary’s
mainframe computer. The interface allows the complaint and TRO to be
immediately available on the Domestic Violence Central Registry (“Central
Registry”) and entered in FACTS without the need for additional manual
data entry. A Municipal Court or Superior Court judge thereafter will sign a
confirmatory order. Thus, the E-TRO eliminates the need for the police
officers to fax documents to the Family Division. The E-TRO also
eliminates the need for Family Division staff to enter this faxed information
into FACTS.
Statewide implementation of the E-TRO will enhance safety for domestic
violence victims by having a typed order immediately included on the
Central Registry and thereby available to law enforcement statewide. It also
will increase efficiency and convenience for complainants, police, judges,
and court staff in processing domestic violence complaints and TROs.
As noted above, the Court earlier relaxed a number of Rules of Court for the
pilot counties. In approving E-TRO for statewide implementation, the Court
now has relaxed those several Rules – Rules 1:4-4(c), 4:42-1(e) and 5:7A(b)
– on a statewide basis. Attached is a copy of the Court’s June 5, 2007 rule
relaxation order. As noted in the order, these rule relaxations are pending
development and recommendation of conforming rule amendments by the
appropriate Practice Committees.

FAMILY AUTOMATED CASE TRACKING SYSTEM

eTRO
Addendum for capturing full incident description text

Administrative Office of the Courts
Automated Trial Court Systems Unit
April 2008

FAMILY AUTOMATED CASE TRACKING SYSTEM
e-TRO INCIDENT DESCRIPTION ADDENDUM

TABLE OF CONTENTS
INTRODUCTION............................................................................................................. 1
ABOUT THE INCIDENT DESCRIPTION FIELD................................................... 1
VIEWING AND PROCESSING e-TROs.......................................................................... 3
eTRO INCIDENT FIELD AND AUDIT COPY....................................................... 8
COPY INCIDENT DESCRIPTION................................................................................... 9
PASTING INCIDENT DESCRIPTION INTO CASE COMMENTS ................................. 15

FAMILY AUTOMATED CASE TRACKING SYSTEM
e-TRO INCIDENT DESCRIPTION ADDENDUM
INTRODUCTION
ABOUT THE INCIDENT DESCRIPTION FIELD
This addendum is a guide to capturing the full text of an incident description from
the e-TRO incident description field when the text exceeds 250 characters.
The Complaints and TROs that electronically transfer to the Family Automated
Case Tracking System (FACTS) may have up to 600 characters in the incident
description field. The incident description field on FACTS can only accept 250
characters. When the cases are docketed, the text which exceeds 250 characters
is lost due to truncating.
The full eTRO should be printed out (an audit copy) with all 600 characters on a PC
laser printer by using the mainframe print function during the docketing process.

1

FAMILY AUTOMATED CASE TRACKING SYSTEM
e-TRO INCIDENT DESCRIPTION ADDENDUM

I
VIEWING AND PROCESSING eTROs

2

FAMILY AUTOMATED CASE TRACKING SYSTEM
e-TRO INCIDENT DESCRIPTION ADDENDUM
VIEWING AND PROCESSING OF eTROs
Those personnel in Superior Court doing FV intake via the eTRO function will docket
cases using the FV establish case interface. The ability to view these electronically
transferred TROs is available via the internet. The ability to cross-reference them in
FACTS will ensure the accurate transmission of data from police agencies to the Superior
Court of New Jersey.
Data displayed includes a total list of transmitted eTROs within the county and then by
issuing entities by municipality. Within each municipality list are individual case listings
showing the issuing entity, the defendant and the plaintiff names, docket submission date,
judge, service date and police case number if applicable.
To view eTROs issued, log on to the PAUA page on the internet to see those restraining
orders that have been transmitted to Superior Court for docketing.
Prior to docketing each case, click on the case and open the complaint/tro and
check the incident description field. If the incident description fills or exceeds half
of the available area, highlight the text with your mouse and copy the text. It is
suggested, but not required, that users paste the text into a new (blank) word
document before docketing the case. Once the case is docketed, paste the full text
of the incident description into the case comments in FACTS.

3

FAMILY AUTOMATED CASE TRACKING SYSTEM
e-TRO INCIDENT DESCRIPTION ADDENDUM
1) Log on to eTRO as you normally would.

4

FAMILY AUTOMATED CASE TRACKING SYSTEM
e-TRO INCIDENT DESCRIPTION ADDENDUM
2) Click on the eTRO tab.

5

FAMILY AUTOMATED CASE TRACKING SYSTEM
e-TRO INCIDENT DESCRIPTION ADDENDUM
3) Use the “View All” menu item to display all TROs transmitted in your county.

6

FAMILY AUTOMATED CASE TRACKING SYSTEM
e-TRO INCIDENT DESCRIPTION ADDENDUM
4) Using the “Expand All” button will display all eTROs in your county.

7

FAMILY AUTOMATED CASE TRACKING SYSTEM
e-TRO INCIDENT DESCRIPTION ADDENDUM
eTRO INCIDENT FIELD AND AUDIT COPY
An exact audit copy of the eTRO is needed.
5) Click on the party/case. This will launch Adobe Acrobat.
6) Once this is opened, look at the incident description field. If it fills half of the field or
more, highlight the text and copy it onto your clipboard.
(See next section for detailed instructions on this process.)
7) You should then paste the text onto a blank word document to preserve it during the
docking process.
(See next section for detailed instructions on this process.)
8) Click on a blank area of the document to remove highlighting.
9) Click on the printer icon and a hard copy of the e-TRO will print to your default printer.
This is the only chance to print an exact duplicate of the eTRO as issued by the
agency entering the information.

8

FAMILY AUTOMATED CASE TRACKING SYSTEM
e-TRO INCIDENT DESCRIPTION ADDENDUM

II

COPY AND PASTE

9

FAMILY AUTOMATED CASE TRACKING SYSTEM
e-TRO INCIDENT DESCRIPTION ADDENDUM
COPY
1) Highlight the text then right click. Click on “copy.”

10

FAMILY AUTOMATED CASE TRACKING SYSTEM
e-TRO INCIDENT DESCRIPTION ADDENDUM
2) Open a new (blank) word document and paste the text there for safe keeping during
the docketing process.

11

FAMILY AUTOMATED CASE TRACKING SYSTEM
e-TRO INCIDENT DESCRIPTION ADDENDUM
3) SELECT the party to be docketed on FACTS and DOCKET THE CASE.

FMM1201
PAGE: 0001

FAMILY AUTOMATED CASE TRACKING SYSTEM
MUNICIPAL TRO LIST FOR BURLINGTON(TOTAL 5)

04/11/08
13:47
PF

LAST NAME:
FIRST NAME:
MIDDLE INIT:
---------------------------------------------------------------------------S PARTY NAME
BIRTH DATE
RACE
SEX
SERVICE DT
- -------------------------------- ---------- ----------- -----------JONESBURY, JOHN
PHILLIPS, STEVE
BILLINGS, BILL
LOUIS, SMITHERS
S WEST, ASHLEY

01
06
09
10
09

07
22
03
15
29

1980
1957
1953
1969
1991

CAUCASIAN
CAUCASIAN
ALASKAN NAT
CAUCASIAN
CAUCASIAN

FM906946 COUNTY/VENUE TRO SEARCH PERFORMED
PF1=FACTS PARTY SEARCH PF2=ALL PARTIES PF3=DROP
PF23=REFRESH
PF24=TRO SEARCH

12

M
M
F
M
F

PF7=BACKWARD

E
R
R
E
W

10 12 2002

PF8=FORWARD

FAMILY AUTOMATED CASE TRACKING SYSTEM
e-TRO INCIDENT DESCRIPTION ADDENDUM
Upon successfully establishing a new FV case on FACTS, the docket number will be
displayed on the screen and the mainframe copy of the eTRO should be printed based
upon the selection of PF2.
It is important to note that this print request will be the last time a FACTS user will be able
to print the eTRO with the data exactly matching the content as it appears on the original
TRO. All subsequent Complaint and/or TRO print requests will reflect any data changes
made by Superior Court, if any.
NOTE: This print option will not be in the Adobe format as an exact audit copy of the
complaint and eTRO, but the data will mirror that document. If an exact copy in all
respects to the eTRO is needed, refer to this function in the beginning section of this
addendum.
At this point, the case has been docketed on FACTS.

13

FAMILY AUTOMATED CASE TRACKING SYSTEM
e-TRO INCIDENT DESCRIPTION ADDENDUM

III
PASTING INCIDENT DESCRIPTION INTO CASE COMMENTS

14

FAMILY AUTOMATED CASE TRACKING SYSTEM
e-TRO INCIDENT DESCRIPTION ADDENDUM
PASTING TEXT
1) From ESTABLISH CASE MENU II SELECT PF3=CASE COMMENTS
ENTRY/MAINTENANCE

15

FAMILY AUTOMATED CASE TRACKING SYSTEM
e-TRO INCIDENT DESCRIPTION ADDENDUM
2) PRESS PF1=ADD COMMENT

16

FAMILY AUTOMATED CASE TRACKING SYSTEM
e-TRO INCIDENT DESCRIPTION ADDENDUM
3) Click on the clipboard icon on the top row and paste the comments into the field.

17

FAMILY AUTOMATED CASE TRACKING SYSTEM
e-TRO INCIDENT DESCRIPTION ADDENDUM
4) Text from clipboard will appear in case comments box.

5) Press PF14=UPDATE.

18

FAMILY AUTOMATED CASE TRACKING SYSTEM
e-TRO INCIDENT DESCRIPTION ADDENDUM
If more than one page of text was copied onto clipboard, use will need to use Microsoft
WORD or similar application to split text into separate paragraphs and paste each
paragraph separately into CASE COMMENTS.

19

FAMILY AUTOMATED CASE TRACKING SYSTEM
e-TRO INCIDENT DESCRIPTION ADDENDUM
If user forgets to enter comments during docketing process, they can still be entered
using case maintenance.
1) From the FACTS main menu PRESS PF10=CASE MAINTENANCE.
2) From CASE MAINTENANCE PRESS PF7=CASE COMMENTS
ENTRY/MAINTENANCE.

NOTE;
THIS CUT AND PASTE METHOD SHOULD ALSO BE EMPLOYED IF THE TEXT IN
PRIOR HISTORY FIELD MEETS OR EXCEEDS HALF OF THE AVAILABLE AREA.

20

SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION, FAMILY PART
COUNTY OF
DOCKET NO.:FV -____ -______________
______________________________:
Plaintiff
:
Vs.
:
______________________________:
:
Defendant
:
_______In person

ORDER CONFIRMING ISSUANCE OF
DOMESTIC VIOLENCE TEMPORARY
RESTRAINING ORDER AND SUMMARY
OF SWORN ORAL TESTIMONY PURSUANT
TO RULE 5:7A(B)

SWORN ORAL TESTIMONY OF APPLICANT COMMUNICATED:
______Radio
________Telephone
________Other (explain)

LAW ENFORCEMENT OFFICER ASSISTING APPLICANT
Name, Department, Phone number ____________________________________________________________

SUMMARY OF SWORN TESTIMONY:

After hearing sworn oral testimony of the Plaintiff and finding that an act of domestic violence
has been committed by defendant and all other statutory requirements having been satisfied, this court
authorizes the issuance of a duplicate original Temporary Restraining Order on _______ day of
__________________ , 20_____ , _______(a.m.) (p.m.). The above Summary and this Confirmatory
Order have been prepared by me contemporaneously with the sworn oral application and issuance of the
duplicate Temporary Restraining Order;
IT IS HEREBY ORDERED that this Order be attached to the original complaint and TRO and
shall become a part thereof.

_____________________________
, J.M.C.
Judge of the Municipal Court
Revised 3/26/04 AOC

SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION, FAMILY PART
COUNTY OF
DOCKET NO.: FV-___-_______________
______________________________:
Plaintiff
:
:
Vs.
:
:
______________________________:
Defendant
:

APPLICATION FOR APPEAL
AND ORDER

NAME:
ADDRESS:
PHONE NUMBERS (HOME AND WORK):
DATE OF BIRTH:
SOCIAL SECURITY NUMBER:
EMERGENCY CONTACT (NAME AND PHONE NUMBER):
CERTIFICATION AND REQUEST FOR APPEAL
I am the Plaintiff( ) or Defendant ( ) in the above captioned matter and make this
request to Appeal the entry of an ex parte Temporary Restraining Order entered on
_____________ in Superior Court ( ) OR Municipal Court ( ).
I am asking for this Appeal for the following reasons (use additional paper if necessary):

I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.
__________________
Date

_____________________________
Signature
Name (print):

ORDER OF THE COURT
The Court, having taken notice of Plaintiff’s ( ) OR Defendant’s ( ) request for an appeal
of a Temporary Restraining Order entered on ________________; and
( ) Plaintiff having been advised of this appeal; or
( ) Defendant having been advised of this appeal; or
( ) No notice having been given to the other party; and
IT IS HEREBY ORDERED ON this _________ day of _________________,
that the request for Appeal of the Temporary Restraining Order is:
( ) Denied. Final Hearing will proceed as originally scheduled.
( ) GRANTED. A hearing shall be held on ________________, 20____ for the
following:
( ) Final Hearing.
( ) Limited purpose of:
( ) OTHER RELIEF:

( ) THE REASONS FOR ENTRY OF THIS ORDER:

_________________________
, J.S.C.
RETURN OF SERVICE:
( ) Defendant was given a copy of this Order by:
______________________
print name

____________
time and date

( ) Plaintiff was given a copy of this Order by:
______________________ ____________
print name
time and date

_______________________
signature/ badge number/ dept

_______________________
signature/ badge number/ dept

aoc/revised/1/3/06-08manual

Print Form

Clear Form

SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION, FAMILY PART
COUNTY OF
DOCKET NO.: FV- :
:
:
:
:
:
:

Plaintiff
Vs.

Defendant

CONTINUANCE ORDER

This matter having been opened to Court for a Final Hearing:
IT IS HEREBY ORDERED ON this _________ day of _________________, that all restraints
previously ordered in the Temporary Restraining Order dated ________________ (attached)
SHALL CONTINUE IN FULL FORCE AND EFFECT. THE TRO MUST BE
ATTACHED TO THIS CONTINUANCE ORDER FOR SERVICE.
IT IS FURTHER ORDERED:
Since Defendant was not served, this matter is continued until Defendant is served.
When Defendant is served, return of service must be sent to Family Division so a
Final Hearing can be scheduled.
All parties shall appear for a hearing on _____________ at _____am/pm in
Courtroom __________________________________________ . This Order shall
serve as Notice to Appear.
This Order shall be served by personal service on Plaintiff / Defendant.
The parties shall advise the Court of any change in address or phone number.

_____________________________
, J.S.C.
RETURN OF SERVICE:
Defendant was given a copy of this Order by:
print name
time and date
Plaintiff was given a copy of this Order by:

signature/ badge number/ dept

print name

signature/ badge number/ dept

Revised 08/2007, CN: 10212-English

time and date

page 1 of 1

Page 1 of 4

STATE OF NEW JERSEY

PREVENTION OF DOMESTIC VIOLENCE ACT

10211-English

________________ County, Superior Court, Chancery Division, Family Part

Final Restraining Order (FRO)

Amended Final Restraining Order

DOCKET NUMBER

FV

PLAINTIFF’S DATE OF BIRTH

IN THE MATTER OF:
PLAINTIFF
DEFENDANT

DEFENDANT’S
RACE
SEX

DEFENDANT’S DATE OF BIRTH

HT

DEFENDANT’S SOCIAL SECURITY NO.

WT
DEFENDANT’S HOME ADDRESS

SCARS, FACIAL HAIR, ETC.

DEFENDANT’S HOME TELEPHONE NUMBER

HAIR COLOR
DEFENDANT’S WORK ADDRESS

DEFENDANT’S WORK TELEPHONE NUMBER
EYE COLOR

The Court having considered plaintiff’s Complaint dated ___________________ seeking an ORDER under the Prevention of Domestic
Violence Act, having established jurisdiction over the subject matter and the parties pursuant to N.J.S.A. 2C:25-17 et seq., and having
found that defendant has commited an act of domestic violence, and all other statutory requirements having been satisfied:
It is on this _____ day of ____________________, 20 _____, ORDERED that:
SOUGHT GRANTED

PART I RELIEF

DEFENDANT:
1.

You are prohibited against future acts of domestic violence.

2.

You are barred from the following locations(s):
RESIDENCE(S) OF PLAINTIFF

PLACE(S) OF EMPLOYMENT OF PLAINTIFF

Other

3.

You are prohibited from having any oral, written, personal, electronic, or other form of contact or communication with:
Plaintiff
Others (List names & relationship to plaintiff):

4.

You are prohibited from making or causing anyone else to make harassing communications to:
Plaintiff
Others (Same as above or list names & relationship to plaintiff:):

5.

You are prohibited from stalking, following, or threatening to harm, to stalk or to follow:
Plaintiff
Others (Same as above or list names & relationship to plaintiff):

6.

You must pay emergent monetary relief (describe amount and method):
Plaintiff:
Dependents:

7.

Other appropriate relief:
Defendant (including substance abuse, mental health or other evaluations and subsequent treatment):

8.

Psychiatric evaluation:

9.

Intake monitoring of conditions and restraints (specify):

NOTICE TO DEFENDANT: A violation of any of the provisions listed in this order may constitute either civil or criminal contempt pursuant to N.J.S. A.
2C:25-30 and may result in your arrest, prosecution, and possible incarceration, as well as an imposition of a fine or jail sentence. Only a court can
modify any of the terms or conditions of this court order.

PREVENTION OF DOMESTIC VIOLENCE ACT
Final Restraining Order (FRO)

Amended Final Restraining Order

SOUGHT GRANTED

Page 2 of 4

FV

-

PART I RELIEF continued

DEFENDANT:
PROHIBITIONS AGAINST POSSESSION OF WEAPONS: You are prohibited from possessing any and all firearms or other weapons and must immediately surrender these firearms, weapons, permits to carry, applications
to purchase firearms and firearms purchaser ID card to the officer serviing this court Order. Failure to do so can
result in your arrest and incarceration.
Other Weapon(s) (describe):

10.

PLAINTIFF:
11.

You are granted exclusive possession of (residence or alternate housing, list address only if specifically known to
defendant):

12.

You are granted temporary custody of (specify name(s)):

13.

Other appropriate relief:
Plaintiff (describe):

Child(ren) (describe):

LAW ENFORCEMENT OFFICER
You are to accompany to scene, residence, shared place of business, other (indicate address, time, duration & purpose):
Plaintiff:

Defendant:

WARRANT TO SEARCH FOR AND TO SEIZE WEAPONS FOR SAFEKEEPING:
To any law enforcement officer having jurisdiction - this Order shall serve as a warrant to search for and seize
any issued permit to carry a firearm, application to purchase a firearm and firearms purchaser identification card
issued to the defendant and the following firearm(s) or weapon(s):

1.

You are hereby commanded to search the premises for the above described weapons and/or permits to carry a
firearm, application to purchase a firearm and firearms purchaser ID card and to serve a copy of this Order upon
the person at the premises or location described as:

2.

You are hereby ordered in the event you seize any of the above described weapons, to give a receipt for the property so seized to the person from whom they were taken or in whose possession they were found, or in the absence
of such person to have a copy of this Order together with such receipt in or upon the said structure from which the
property was taken.

3.

You are authorized to execute this Order immediately or as soon thereafter as is practicable.
ANYTIME

4.

OTHER:

You are further ordered, after the execution of this Order, to promptly provide the Court with a written inventory of
the property seized per this Order.

NOTICE TO DEFENDANT: A violation of any of the provisions listed in this order may constitute either civil or criminal contempt pursuant to N.J.S. A.
2C:25-30 and may result in your arrest, prosecution, and possible incarceration, as well as an imposition of a fine or jail sentence. Only a court can
modify any of the terms or conditions of this court order.

PREVENTION OF DOMESTIC VIOLENCE ACT
Final Restraining Order (FRO)

Amended Final Restraining Order

SOUGHT GRANTED

Page 3 of 4

FV

-

PART II RELIEF

DEFENDANT:
1.

You acknowledge parentage of:

2.

You must submit to genetic testing:

3.

No parenting time (visitation) until further order:

4.

Parenting time (visitation) pursuant to (prior FV, FM, or FD Order) #

is

suspended, a hearing is scheduled for:
Parenting time (visitation) is ordered as follows (specify drop-off and pick-up times and locations, participation of or

5.

supervision by designated third party):

6.

Risk assessment ordered (specify by whom):

7.

You must provide compensation as follows: (Appropriate notices have been attached as part of this Order):

Return Date:
Emergent support - plaintiff:
Emergent support - dependent(s):
Interim support - plaintiff:
Interim support - dependent(s):
Ongoing plaintiff support:
Paid via income withholding through the

Probation Div.

Other:
Ongoing child support:
Paid via income withholding through the

Probation Div.

Other:
8.

Medical coverage for plaintiff:

9.

Medical coverage for dependent(s):

10.

Compensatory damages to plaintiff:

11.

Punitive damages (describe):

12.

You must pay compensation to (specify third party and/or VCCA, and describe):

13.

You must participate in a batterers’ intervention program (specify):

14.

You must make

15.

Defendant is granted temporary possession of the following personal property (describe):

rent

mortgage payments (specify amount(s), due date(s) and payment manner):

You must pay a civil penalty of $
within

($50.00 to $500.00 per N.J.S.A. 2C:25-29) to:

days. You will be charged a $2.00 transaction fee for each payment or partial payment that you make.

Waived due to extreme financial hardship because:
SOUGHT GRANTED

PLAINTIFF:
16.

Plaintiff is granted temporary possession of the following personal property (describe)

NOTICE TO DEFENDANT: A violation of any of the provisions listed in this order may constitute either civil or criminal contempt pursuant to N.J.S. A.
2C:25-30 and may result in your arrest, prosecution, and possible incarceration, as well as an imposition of a fine or jail sentence. Only a court can
modify any of the terms or conditions of this court order.

PREVENTION OF DOMESTIC VIOLENCE ACT
Final Restraining Order (FRO)

Amended Final Restraining Order

Page 4 of 4

FV

-

COMMENTS:

This Order is to become effective immediately and shall remain in effect until further Order of the Superior Court, Chancery Division, Family Part.

HONORABLE

DATE

ALL LAW ENFORCEMENT OFFICERS WILL SERVE AND FULLY ENFORCE THIS ORDER.
THE PLAINTIFF SHALL NOT BE ARRESTED FOR A VIOLATION OF THIS RESTRAINING ORDER.
THIS FINAL RESTRAINING ORDER WAS ISSUED AFTER DEFENDANT WAS PROVIDED WITH NOTICE AND THE
OPPORTUNITY TO BE HEARD AND SHOULD BE GIVEN FULL FAITH AND CREDIT PURSUANT TO THE VIOLENCE
AGAINST WOMEN ACT OF 1991, SEC. 40221, CODIFIED AT 18 U.S.C.A. S2265(A) AND S2266.
IF ORDERED, SUFFICIENT GROUNDS HAVE BEEN FOUND BY THIS COURT FOR THE SEARCH AND SEIZURE OF
FIREARMS AND OTHER WEAPONS AS INDICATED IN THIS COURT ORDER.
DEFENDANT SHALL NOT BE PERMITTED TO POSSESS ANY WEAPON, ID CARD OR PURCHASE PERMIT WHILE THIS
ORDER IS IN EFFECT, OR FOR TWO YEARS, WHICHEVER IS GREATER.
NOTICE TO PLAINTIFF AND DEFENDANT
IMPORTANT: The parties cannot themselves change the terms of this Order on their own. This Order may only be changed or
dismissed by the Family Court. The named defendant cannot have any contact with the plaintiff without permission of the court. If you
wish to change the terms of this Order and/or you resume living together, you must appear before this court for a rehearing.

NOTICE TO DEFENDANT
A violation of any of the provisions listed in this Order or a failure to comply with the directive to surrender all weapons, firearm permits,
application or identification cards may constitute criminal contempt pursuant to N.J.S.A. 2C:29-9(b), and may also constitute
violations of other state and federal laws which can result in your arrest and/or criminal prosecution. This may result in a jail sentence.

RETURN OF SERVICE
Plaintiff was given a copy of the Order by:
__________________________________ ; ______________________ ; ____________________________________
PRINT NAME
TIME AND DATE
SIGNATURE / BADGE NO. / DEPT.
I hereby certify that I served the within Order by delivering a copy to the defendant personally:
__________________________________ ; ______________________ ; ____________________________________
PRINT NAME
TIME AND DATE
SIGNATURE / BADGE NO. / DEPT.
I hereby certify that I served the within Order by use of substituted service as follows:
__________________________________ ; ______________________ ; ____________________________________
PRINT NAME
TIME AND DATE
SIGNATURE / BADGE NO. / DEPT.
Defendant could not be served (explain):

__________________________________ ; ______________________ ; ______________________________
PRINT NAME
TIME AND DATE
SIGNATURE / BADGE NO. / DEPT.
Defendant hereby acknowledges receipt of the Restraining Order. I understand that pursuant to this court Order, I am not to have any
contact with the named plaintiff even if plaintiff agrees to the contact or invites me onto the premises and that I can be arrested and
prosecuted if I violate this Order. I understand that pursuant to N.J.S.A. 53:1-15 any person against whom a Final Restraining Order in a
domestic violence matter has been entered shall submit to fingerprinting and other identification procedures as required by law and
I HAVE BEEN ADVISED THAT I MUST SUBMIT TO FINGERPRINTING AND OTHER IDENTIFICATION PROCEDURES.
SIGNATURE: __________________________________________________________ TIME / DATE: _____________________
The courthouse is accessible to those with disabilities. Please notify the court if you will require assistance.
DISTRIBUTION: FAMILY PART,

PLAINTIFF,

DEFENDANT,

SHERIFF,

OTHER __________________________

AOC 7/04

NOTICE
FINGERPRINTING REQUIREMENTS
FV- ___ - __________ - ___
Defendant Name:
Date:
N.J.S.A. 53:1-15 requires any person who is subject to a Domestic Violence Final
Restraining Order must submit to identification procedures for fingerprinting and
photographing. This identification process shall take place immediately after the entry of
the Final Restraining Order. Failure to submit to the identification process is a disorderly
persons offense. Failure to be fingerprinted and photographed will result in criminal
charges.

NOTE:
As a defendant in a Final Restraining Order you must be
fingerprinted and photographed by the ____________ County
Sheriff’s Department.
You must immediately go to:

As a defendant in a Final Restraining Order, failure to comply
will result in the signing and prosecuting of criminal charges
for violation of N.J.S.A. 53:15.

WHAT DISSOLVING A RESTRAINING ORDER MEANS
1. I am voluntarily asking a judge to take away the legal restraints entered against
the defendant which were issued by the Judge at my request. I understand that I
am asking the court to now dissolve the restraining order, and a final decision will
be made by a judge.
2. Once this Restraining Order is dissolved, I will not benefit from any special
protection from the defendant. I cannot obtain this protection again unless there is
another act of domestic violence. In that event, I will have to go to the courthouse
or the police station, fill out a new complaint and request a new Restraining
Order.
3. I understand that one of the protections of a Restraining Order is a mandatory
arrest if the defendant violates the “no contact” provisions (Part I). I understand
that without the Restraining Order, it is not mandatory that the police arrest the
defendant. Even if I have another order from this court that says defendant must
stay away (included with my divorce case or my child support case), it is not
mandatory that the police arrest the defendant for violating that order.
4. I understand that if criminal complaints were filed by me or the police, I will have
to go to another court (probably municipal court) to request that those charges be
dismissed.
5. The Judge’s decision to dissolve this Restraining Order is final and will close my
case. This will end all the protections I received as a result of the acts of domestic
violence committed against me.
6. I understand that I should only sign the “Certification to Dissolve a Restraining
Order” voluntarily.
7. I have been told about the Domestic Violence services and have been given an
opportunity to speak to a victim advocate or have spoken to my attorney.
8. IF YOU HAVE ANY DOUBTS OR QUESTIONS ABOUT DISMISSING THE
RESTRAINING ORDER, OR IF YOU HAVE BEEN THREATENED,
COERCED OR FORCED BY ANYONE TO SEEK THIS DISMISSAL, TELL
THE INTAKE WORKER OR SOMEONE ELSE IN FAMILY COURT, OR
REQUEST TO SPEAK TO A VICTIM ADVOCATE OR YOUR ATTORNEY.

3/26/04 AOC

LO QUE SIGNIFICA LA ANULACIÓN DE UNA ORDEN DE RESTRICCIÓN
1. Pido voluntariamente que un juez quite las restricciones legales asentadas contra el
demandado que fueron emitidas por el juez a solicitud mía. Entiendo que ahora pido
que el tribunal anule la Orden de Restricción, y que un juez tomará la decisión final.
2. Una vez que se anule dicha Orden de Restricción, no me beneficiaré de ninguna
protección especial contra el demandado. No puedo volver a obtener dicha
protección a menos que ocurra otro acto de violencia doméstica. En ese caso, tendré
que acudir a los tribunales o a la estación de policía, preparar los documentos de otra
denuncia y pedir otra Orden de Restricción.
3. Entiendo que una de las protecciones de una Orden de Restricción es el arresto
obligatorio si el demandado infringe las disposiciones de “ningún contacto” (Parte I).
Entiendo que sin la Orden de Restricción, no es obligatorio que la policía arreste al
demandado. Aunque yo tenga otra orden de este tribunal que diga que el demandado
debe mantenerse alejado (incluida con mi causa de divorcio o de manutención de
menores), no es obligatorio que la policía arreste al demandado por infringir esa
orden.
4. Entiendo que si presenté denuncias penales o las presentó la policía, tendré que acudir
a otro tribunal (probablemente al juzgado municipal) para pedir que se desestimen
esos cargos.
5. La decisión del juez de anular esta Orden de Restricción es definitiva, y pondrá fin a
mi causa. Esto terminará todas las protecciones que recibía como resultado de los
actos de violencia doméstica cometidos contra mí.
6. Entiendo que debo firmar la “Certificación para Anular una Orden de Restricción”
sólo voluntariamente.
7. Me han informado sobre los servicios de Violencia Doméstica y me han dado la
oportunidad de hablar con un defensor de víctimas, o he hablado con mi abogado.
8. SI USTED TIENE ALGUNA DUDA O PREGUNTA EN CUANTO A LA
DESESTIMACIÓN DE LA ORDEN DE RESTRICCIÓN, O SI ALGUIEN LO HA
AMENAZADO, COACCIONADO O FORZADO A TRATAR DE OBTENER
ESTA ANULACIÓN, INFÓRMESELO AL TRABAJADOR DE ADMISIÓN U
OTRA PERSONA DEL TRIBUNAL DE FAMILIAS, O PIDA HABLAR CON UN
DEFENSOR DE VÍCTIMAS O CON SU ABOGADO.

Enmendado 03/26/2004, CN10875-Spanish

página 1 de 1

SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION, FAMILY PART
COUNTY OF
DOCKET NO.: FV- _____ -____________
______________________________:
Plaintiff
:
:
Vs.
:
:
______________________________:
Defendant
:

CERTIFICATION FOR
DISSOLUTION OF
RESTRAINING ORDER

Plaintiff _________________________________ hereby certifies and says:
1. I am the plaintiff in the above captioned matter.
2. On __________ I appeared in Superior Court ( ) OR in the Police station ( )
and signed a complaint and application for a Temporary Restraining Order.
3. On _________, I obtained a Final Restraining Order.
4. Since that time, I have reconciled with or reconsidered my relationship with the
defendant. Therefore, I am asking the court to dissolve all the restraints against
the defendant.
5. My Restraining Order does ( ) OR does not ( ) include provisions for custody,
time sharing and/or child support. I want ( ) OR I do not want ( ) these
provisions continued without a restraining order.
6. I have had my options explained to me and I have reviewed the information on
the form “What Dissolving a Restraining Order Means.” I am asking for this
dismissal voluntarily, of my own free will and without coercion or interference
from any person.
7. I am further aware that should I wish to contact an attorney, domestic violence
program or counseling group that I may do so prior to completing this
Certification.
8. I am aware that if any criminal charges were filed by me or the police, I will need
to go to the municipal court (or superior court, criminal division) to request their
dismissal.
9. I am aware that if there are further acts of domestic violence and I want a new
Restraining Order, I must reapply for a Restraining Order either at the courthouse
or the police station.

I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.

________________
Date
AOC 3/04

______________________________
Plaintiff signature

SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION - FAMILY PART
_________________________ VICINAGE
DOCKET NO. FVPLAINTIFF
vs.

:

ORDER OF DISMISSAL

:
DEFENDANT

:
:

□

TEMPORARY RESTRAINING ORDER

□

FINAL RESTRAINING ORDER

THE COURT having considered the testimony and/or certification at this hearing and the Court having determined that:
1.

2.

The Plaintiff having requested dismissal of the matter; and
□

Having read “What Dissolving a Restraining Order Means”

□

Having read and signed “Certification for Dissolution of Restraining Order”

□

Having not been coerced or placed under duress to withdraw the complaint and dissolve the Order;

□

Having been advised of the cycle of domestic violence, and of the protective resources available through the Court and the
local domestic violence program(s), especially with regard to housing and Court-ordered emergency custody and support;

□

Understanding that withdrawal of the complaint and dismissal of the Restraining Order will eliminate the protection that
had been issued under this Order;

□

Being aware that such withdrawals are not prejudicial and if (s)he may need protection in the future, (s)he may apply
for a new restraining order;

□

Being aware that any criminal charges filed by Plaintiff or the police are not affected by this order of dismissal and
will remain pending until addressed separately in the appropriate court; OR

The Plaintiff failing to appear for Final Hearing; and
□

The Court having been unable to contact the plaintiff via telephone numbers/address given; OR

□

The Court having determined that plaintiff was contacted and that coercion or duress did not cause the plaintiff’s
non-appearance; OR

3.

□

The Court having determined that the plaintiff’s allegation of domestic violence has not been substantiated.

4.

□

The Municipal Court having denied the TRO application.

5.

□

The Court having determined on appeal of the Temporary Restraining Order that the required burden of proof
has not been met.

IT IS HEREBY ORDERED on this
Violence Complaint, dated

day of
, is DISMISSED and the

□ FINAL RESTRAINING ORDER dated

,

, that the Domestic

□ TEMPORARY RESTRAINING ORDER OR
is/are vacated, and

IT IS FURTHER ORDERED THAT:
□

The complaint is dismissed and present support order under this docket is terminated and any arrears are vacated.
Probation to terminate their interest and close case.

□

The complaint is dismissed. Continue present support order and/or arrears to be:
□ transferred to docket F ______ __________________ and □ paid through Probation (IV D)
or □ paid directly to Plaintiff (obligee).

□

Other:

_________________________________________________________

J.S.C.

RETURN OF SERVICE
Plaintiff was given a copy of the Order by __________________________________________________________________________
Defendant was given a copy of the Order by_________________________________________________________________________
Date:___________________________________________________________________________________________________
aoc/revised07/manual08
Signature, Title & Department or Office

VISITATION RISK ASSESSMENT
INTERVIEW SHEET
TRACKING INFORMATION
PERSON INTERVIEWED

DATE
PLAINTIFF

DEFENDANT

ASSESSOR

CHILD(REN)
DOCKET NUMBER

CASE NAME

DATE RECEIVED

GENERAL INFORMATION
WHAT ARE PLAINTIFF'S CONCERNS ABOUT VISITATION?

ARE BOTH PARTIES THE BIOLOGICAL PARENTS OF ALL CHILDREN?
YES

NO

PLEASE EXPLAIN:

AGES AND SEX OF CHILDREN INVOLVED
FIRST CHILD: AGE: _____ SEX: _____

SECOND CHILD: AGE: _____ SEX: _____

DO ANY OF THE CHILDREN HAVE PHYSICAL OR MENTAL
SPECIAL NEEDS WHICH WOULD IMPACT VISITATION?

YES

NO

THIRD CHILD: AGE: _____ SEX: _____

FOURTH CHILD: AGE: _____ SEX: _____

IF YES, WHICH CHILD:

DESCRIBE THE SPECIAL NEEDS OF THE CHILD:

IS THE DEFENDANT FROM
ANOTHER COUNTY?

WHERE?
YES

NO

HOW WOULD CHILDREN BE TRANSPORTED
TO THE VISITATION SITE?
DO THE PARTIES HAVE SUGGESTIONS FOR THE FREQUENCY AND STRUCTURE OF
VISITATION? (INCLUDE SUGGESTED CONDITIONS OF SUPERVISION, IF ANY)
PLAINTIFF:
DEFENDANT:
HAS THE CHILD(REN) EXPRESSED ANY FEELINGS
CONCERNING VISITATION WITH DEFENDANT?
DESCRIBE:

DOMESTIC VIOLENCE
LENGTH AND NATURE OF DOMESTIC VIOLENCE HISTORY

MINOR INJURIES SUSTAINED?
DESCRIBE:

MAJOR INJURIES SUSTAINED?
DESCRIBE:

SPECIFY OBJECTS OR WEAPONS USED, IF ANY

THIS IS SIDE #1

105

DOMESTIC VIOLENCE continued
HAS ABUSE INCLUDED THREATS TO KILL
OR HARM MORE EXTENSIVELY?

YES

NO

HAS ABUSE INCLUDED SEXUAL ASSUALT/EXPLOITATION?
DESCRIBE:

HAS ABUSE INCLUDED DAMAGE TO PLAINTIFF'S POSSESSIONS OR PETS?
DESCRIBE:

HAS ABUSE INCLUDED VERBAL/PSYCHOLOGICAL ABUSE?
DESCRIBE:

HAS VIOLENCE INCREASED OVER TIME?
YES

NO

DESCRIBE:

DOES PHYSICAL/SEXUAL VIOLENCE OCCUR FOUR TIMES A YEAR OR MORE?
YES

NO

DESCRIBE FREQUENCY:
AVAILABLE VERIFICATION

RESTRAINING ORDER

COURT ORDERS

SOCIAL AGENCY REPORTS

MEDICAL REPORTS

PROFESSIONAL REPORTS

POLICE REPORTS

OTHER

CHILD ABUSE
LENGTH OF CHILD ABUSE HISTORY
ACTIVE DYFS CASE

PREVIOUS DYFS CASE

NO DYFS INVOLVEMENT

DESCRIBE:
MINOR INJURIES SUSTAINED?
DESCRIBE:

MAJOR INJURIES SUSTAINED?
DESCRIBE:

SPECIFY OBJECTS OR WEAPONS USED, IF ANY:

HAS ABUSE INCLUDED THREATS TO KILL OR HARM MORE
EXTENSIVELY?
YES

NO

HAS ABUSE INCLUDED SEXUAL ABUSE/EXPLOITATION?
DESCRIBE:

HAS ABUSE INCLUDED DAMAGE TO CHILD'S POSSESSIONS OR PETS?
DESCRIBE:

HAS DEFENDANT EXHIBITED INDIFFERENCE OR NEGLECT OF CHILD'S PHYSICAL NEEDS, INCLUDING FOOD, CLOTHING, SAFETY, MEDICAL ATTENTION?
DESCRIBE:

106

THIS IS SIDE #2

CHILD ABUSE continued
HAS DEFENDANT THREATENED TO KIDNAP CHILDREN?
YES

NO

HAS DEFENDANT EVER KIDNAPPED CHILDREN?
DESCRIBE:

HAS VIOLENCE AGAINST CHILD(REN) INCREASED OVER TIME?
YES

NO

DESCRIBE:

HAS ABUSE INCLUDED VERBAL/PSYCHOLOGICAL ABUSE?
YES

NO

DESCRIBE:
DYFS

AVAILABLE VERIFICATION:

POLICE

MEDICAL

SOCIAL AGENCY

SCHOOL

PROFESSIONAL

OTHER

EXPOSURE TO DOMESTIC VIOLENCE
HAVE CHILDREN WITNESSED OR HEARD EPISODES OF DOMESTIC VIOLENCE EITHER IN THE HOME OR ELSEWHERE?
YES

NO

IF YES, WAS AN OBJECT OR WEAPON USED?
YES

NO

DESCRIBE:

HAVE CHILDREN BEEN INJURED DURING A DOMESTIC VIOLENCE EPISODE?
DESCRIBE:

HAVE CHILDREN EXHIBITED CONCERN FOR THEIR OWN PERSONAL SAFETY BECAUSE OF THE DOMESTIC VIOLENCE?
YES

NO

DESCRIBE:

HAVE CHILDREN WITNESSED OR HEARD PHYSICAL ABUSE OF ANOTHER CHILD OR FAMILY PET?
DESCRIBE:

AVAILABLE VERIFICATION

POLICE REPORT

COURT

HOSPITAL

OTHER _________________

SUBSTANCE ABUSE
DOES THE DEFENDANT HAVE A DRUG/ALCOHOL PROBLEM?
DESCRIBE:

DOES DEFENDANT ABUSE SUBSTANCES IN THE PRESENCE OF THE CHILDREN?
DESCRIBE:

IS DEFENDANT USUALLY ABUSING SUBSTANCES WHEN VIOLENT?
YES

NO

IS DEFENDANT CURRENTLY UNDERGOING SUBSTANCE ABUSE TREATMENT?
DESCRIBE (INCLUDING VOLUNTARY OR COURT-ORDERED):

107

THIS IS SIDE #3

SUBSTANCE ABUSE continued
DOES DEFENDANT DRIVE WHILE IMPAIRED?
DESCRIBE:

HAS DEFENDANT BEEN CONVICTED OF DWI OFFENSES?
YES

NO

AVAILABLE VERIFICATION:

PROFESSIONAL REPORTS

DWI ARRESTS/CONVICTIONS

POSSESSION/INTENT TO DISTRIBUTE ARRESTS/CONVICTIONS

OTHER

IDRC REPORT

CRIMINAL HISTORY
HAS THE DEFENDANT BEEN ARRESTED FOR AN ACT OF DOMESTIC VIOLENCE OR CHILD ABUSE?
WHEN?
HAS THE DEFENDANT BEEN CONVICTED OF OTHER CRIMES OF VIOLENCE OR CHILD ABUSE?
WHEN?
WHICH CRIMES?
HAS THE DEFENDANT EVER VIOLATED A RESTRAINING ORDER?
YES

NO

WHEN AND HOW:

HAS THE DEFENDANT EVER VIOLATED ANY OTHER ORDER INVOLVING OTHER PARENT OR CHILD?
WHEN AND HOW:

IS THE DEFENDANT FACING PENDING CRIMINAL CHARGES FOR OTHER CRIMES OF VIOLENCE OR CHILD ABUSE?
YES

NO

WHICH CRIMES:

HAS THE DEFENDANT BEEN CONVICTED OF OTHER CRIMES?
WHEN?
WHICH CRIMES?
IS THE DEFENDANT FACING PENDING CRIMINAL CHARGES FOR OTHER CRIMES?
YES

NO

WHICH CRIMES?
AVAILABLE VERIFICATION:

CONVICTIONS

PENDING CHARGES

POLICE

OTHER

PSYCHO-SOCIAL FACTORS
DOES THE DEFENDANT EXHIBIT EXTREME ABERRANT BEHAVIORS DUE TO MENTAL HEALTH PROBLEMS?
DESCRIBE:

HAS THE DEFENDANT EVER BEEN TREATED FOR ABOVE PROBLEM?
WHEN:
DESCRIBE:
IDENTIFY MEDICATIONS, IF ANY:
HAS THE DEFENDANT EVER THREATENED OR ATTEMPTED SUICIDE?
WHEN:
DESCRIBE:

108

THIS IS SIDE #4

PSYCHO-SOCIAL FACTORS continued
DOES THE DEFENDANT POSSESS CHILD PORNOGRAPHY?
YES

NO

AVAILABLE VERIFICATION:

PROFESSIONAL REPORTS

OTHER

PREVIOUS VISITATION EXPERIENCE
HAS THE DEFENDANT EVER KIDNAPPED THE CHILDREN?
WHEN:
DESCRIBE:

HAS THE DEFENDANT EVER PHYSICALLY ABUSED PARTNER IN THE COURSE OF VISITATION?
WHEN:
DESCRIBE:

HAS THE DEFENDANT EVER REFUSED TO RETURN THE CHILDREN?
WHEN:
DESCRIBE:

HAS THE DEFENDANT VIOLATED THE VISITATION ORDER IN OTHER WAYS?
WHEN:
DESCRIBE:

HAVE THE CHILDREN EVER EXHIBITED SIGNS OF PHYSICAL/SEXUAL ABUSE OR NEGLECT AFTER VISITATION?
WHEN:
DESCRIBE:

HAS DEFENDANT EVER ABUSED SUBSTANCES DURING VISITATION?
WHEN:
DESCRIBE:

HAS THE DEFENDANT FAILED TO APPEAR FOR SCHEDULED VISITATION?
WHEN:

HAS THE DEFENDANT FAILED TO ATTEND TO THE CHILD'S MEDICAL, SAFETY, PHYSICAL OR EDUCATIONAL NEEDS DURING VISITATION?
EXPLAIN:

AVAILABLE VERIFICATION:

COURT REPORT

POLICE

ARRESTS/CONVICTIONS

PROFESSIONAL

SCHOOL

OTHER

PARENTAL CAPACITY/EXPERIENCE
DOES THE DEFENDANT HAVE EXPERIENCE IN CARING FOR CHILDREN ALONE?
YES

NO

DESCRIBE FREQUENCY OF SOLE CARETAKING:

CHECK RELEVANT PARENTING SKILLS, IF ANY, THAT DEFENDANT REPORTEDLY LACKS:
DIAPERCHANGING

FEEDING

TRANSPORTING

SENSITIVITY

BATHING

PLAYING

DISCIPLINE

OTHER

THIS IS SIDE #5

109

PARENTAL CAPACITY/EXPERIENCE continued
DOES DEFENDANT HAVE ADEQUATE VISITATION FACILITIES?
YES

NO

DESCRIBE POTENTIAL VISITATION ENVIRONMENT:

DOES DEFENDANT DISPLAY ERRATIC OR UNSTABLE TEMPERAMENT TOWARDS CHILDREN?
YES

NO

DESCRIBE:

DOES DEFENDANT HAVE A GOOD RELATIONSHIP AND RAPPORT WITH CHILDREN?
YES

NO

DESCRIBE RELATIONSHIP:

DOES DEFENDANT HAVE EXPERIENCE OR SKILLS REQUIRED TO CARE FOR SPECIAL PHYSICAL OR MENTAL NEEDS OF ONE OR MORE CHILDREN?
N/A

YES

NO

EXPLAIN:

110

THIS IS SIDE #6

VISITATION RISK ASSESSMENT
SUMMARY SHEET
CASE NAME

DOCUMENTS
DOCKET NUMBER

YES

NO

UNDET.*

DOMESTIC VIOLENCE
Minor physical injury to victim
Serious physical injury to victim
Objects or weapons used
Sexual assault/sexual exploitation
Verbal/psychological abuse
Frequent violent episodes

CHILD ABUSE
Minor physical injury to child
Serious physical injury to child
Objects or weapons used
Sexual abuse/sexual exploitation
Neglects child's physical needs
Threats of kidnapping
History of kidnapping
Verbal/psychological abuse

EXPOSURE TO DOMESTIC VIOLENCE
Children saw or heard partner abuse
Children in home but did not see or hear
Children physically hurt during dv episode
Children saw/heard abuse with weapon
Children saw/heard abuse of other child
Children saw/heard abuse of family pet

SUBSTANCE ABUSE
Drug/alcohol abuse
Drug/alcohol abuse during violent episode
Drug/alcohol abuse currently untreated
Drug/alcohol abuse while driving
DWI Conviction

* UNDET: Undetermined - Information received from all parties differs and the assessor is unable to make a
determination based on documentation or other reliable means.

111

AVAILABLE ATTACHED

VISITATION RISK ASSESSMENT

PAGE 2

SUMMARY SHEET
CASE NAME

DOCUMENTS
DOCKET NUMBER

YES

CRIMINAL HISTORY
Arrested for act(s) of domestic violence or child abuse
Convicted of crime of domestic violence or child abuse
Violation(s) of restraining or other related order
Pending criminal charges for violence or child abuse
Convicted of other (non-violent) crimes
Pending criminal charges for other crimes

PSYCHO-SOCIAL FACTORS
Extreme aberrant behaviors due to mental health problems
Suicide attempts/threats
Possession of child pornography

PARENTAL CAPACITY/EXPERIENCE
Lacks sole caretaking experience
Lacks age-appropriate parenting skills
Lacks appropriate discipline skills
Lacks appropriate visitation site
Lacks consistent and stable temperament
Lacks good rapport with children
Lacks skills for special needs child

PREVIOUS VISITATION EXPERIENCE

( if applicable)

Partner violence during visitation
Refusal to return children
Evidence of child physical/sexual abuse during visitation
Failure to attend to child's medical, safety, physical needs
Substance abuse during visitation
NOTE THE NATURE OF AVAILABLE DOCUMENTATION

DATE

PERSON COMPLETING ASSESSMENT

112

NO

UNDET.*

AVAILABLE ATTACHED

PREPARED BY THE COURT
------------------------------------------------------:
:
:
Plaintiff,
:
:
vs.
:
:
:
Defendant.
:
:
------------------------------------------------------:

SUPERIOR COURT OF NEW JERSEY
Chancery Division – Family Part
County of _____________
Docket No.:
Civil Action
PROTECTIVE ORDER

THIS MATTER being opened to the Court, and it appearing that copies of the following
confidential reports are being released to the attorneys and parties or the pro-se litigants:
 Home Inspection Report
 Social Investigation Report
 Psychological Report

 Psychiatric Report
 Risk Assessment
 Other ______________________________

and for good cause shown;
IT IS ON THIS _____ day of ______________, 20____;
1)

ORDERED that copies of these reports shall be released to the attorneys and their clients or selfrepresented litigants with the understanding that the information contained therein is to be used
only for purposes of the pending custody/parenting time matter including distribution to experts
and may not be used in any other matter without the express written permission of the Court; and
it is further

2)

ORDERED that this information shall not be disclosed to any other person for any reason, nor
may it be disseminated or made public by any means, direct or indirect, without the express
written permission of the Court; and it is further

3)

ORDERED that the use of information contained in the investigation and/or report, or
information obtained from the investigation for any purpose other than set forth by the Court, shall
be a violation of this Court Order and subject to sanctions; and it is further

4)

ORDERED that under no circumstances is (are) the report(s) to be discussed, revealed, or
disclosed to the child(ren).
_______________________________
J.S.C.

(Revised 3/26/04 AOC)

State of New Jersey
DEPARTMENT OF LAW AND PUBLIC SAFETY
DIVISION OF CRIMINAL JUSTICE
J OHN J. F ARMER , J R.
Attorney General

PO BOX 085
TRENTON, NJ 08625-0085
TELEPHONE (609) 984-6500

K ATHRYN F LICKER
Director

September 19, 2000

TO:

ALL COUNTY PROSECUTORS
ALL LAW ENFORCEMENT CHIEF EXECUTIVES

FROM:

KATHRYN FLICKER, DIRECTOR
DIVISION OF CRIMINAL JUSTICE

SUBJECT:

ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVES
2000-3 and 2000-4 - Replacements for an unnumbered Attorney General
Directive dated August 14, 1995, regarding Seizure of Weapons from Law
Enforcement Officers Involved in Domestic Violence Incidents

Attached for your attention are the following Directives which were recently signed
by Attorney General Farmer:
No. 2000-3 - Revision to August 14, 1995, Directive Implementing Procedures
for the Seizure of Weapons from Municipal and County Law Enforcement Officers involved
in Domestic Violence Incidents. This Directive is to be followed by county prosecutors when
handling local and county law enforcement officers involved in domestic violence incidents.
No. 2000-4 - Revision to August 14, 1995, Directive Implementing Procedures
for the Seizure of Weapons from All State Law Enforcement Officers involved in Domestic
Violence Incidents. This Directive provides notice of the procedures the Division of Criminal
Justice will follow when removing weapons from state law enforcement officers, which includes the
Division of State Police, Division of Criminal Justice investigators, Department of Corrections
officers, Juvenile Justice Commission officers, Bureau of Parole officers, State Park Ranger
Service (Fish and Game) officers, Human Services Police, N. J. Transit Police Officers, state
college and university campus police, Division of Taxation agents, and investigators for the State
Commission of Investigations.
The procedures are essentially the same. The separation eliminates any confusion
contained in the August 14, 1995, Directive between areas of responsibility for county prosecutors
and the Division of Criminal Justice.

New Jersey Is An Equal Opportunity Employer

All County Prosecutors
All Law Enforcement Chief Executives
September 19, 2000
SUBJECT:

ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVES
2000-3 and 2000-4 - Replacements for an unnumbered Attorney General Directive
dated August 14, 1995, regarding Seizure of Weapons from Law Enforcement
Officers Involved in Domestic Violence Incidents

Please distribute to all law enforcement officers and/or assistant prosecutors in your
agency. If you have any questions you may contact either DAG Jessica S. Oppenheim or DAG
Martin C. Mooney, Sr., in the Prosecutors and Police Bureau at 609/984-2814.

jak
Attachments
c
Attorney General John J. Farmer
First Assistant Paul H. Zoubek
Administrator Thomas O’Reilly
Director of State Police Affairs Martin Cronin
Colonel Carson J. Dunbar, Jr., Supt., NJSP
Commissioner Jack Terhune, Dept. of Corrections
Chief of Staff Debra L. Stone
Chief State Investigator John A. Cocklin
Deputy Director Wayne S. Fisher, Ph.D.
Deputy Director Ronald Susswein
Chief Greta Gooden Brown, Pros. & Police Bureau

DOMESTIC VIOLENCE
Directive Implementing Procedures for the Seizure of Weapons from Municipal and
County Law Enforcement Officers Involved in Domestic Violence Incidents
Issued August 1995
Revised September 2000

TO:

DIRECTOR, DIVISION OF CRIMINAL JUSTICE
ALL COUNTY PROSECUTORS
ALL LAW ENFORCEMENT CHIEF EXECUTIVES

FROM:

JOHN J. FARMER, JR. ATTORNEY GENERAL

DATE:

SEPTEMBER 1, 2000

SUBJECT:

ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2000-3
REVISION TO AUGUST 14, 1995, DIRECTIVE IMPLEMENTING
PROCEDURES FOR THE SEIZURE OF WEAPONS FROM MUNICIPAL
AND COUNTY LAW ENFORCEMENT OFFICERS INVOLVED IN
DOMESTIC VIOLENCE INCIDENTS

I.

INTRODUCTION

When law enforcement officers are charged with committing acts of domestic violence,
it is important that the matters be uniformly and expeditiously handled. To achieve
these objectives, it is necessary that there be a statewide policy governing the seizure
of weapons from a law enforcement officer who is charged with committing an act of
domestic violence.
The Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 et seq., requires the Attorney
General “to provide for the general supervision of criminal justice” in this State. All law
enforcement agencies and law enforcement officers in the State are required to
cooperate with the Attorney General “to secure the benefits of a uniform and efficient
enforcement of the criminal law and the administration of criminal justice throughout the
state.” N.J.S.A. 52:17B-98. Accordingly, it is directed that all law enforcement agencies
and law enforcement officers who are authorized to carry weapons pursuant to N.J.S.A.
2C:39-6 are to comply with this directive.

1

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Seizure of Weapons from Municipal and County Law Enforcement Officers
II.

GUIDELINES FOR THE SEIZURE OF WEAPONS FROM A LAW
ENFORCEMENT OFFICER INVOLVED IN A DOMESTIC VIOLENCE INCIDENT
A.

B.

C.

III.

Whenever an act of domestic violence as defined in N.J.S.A. 2C:25-19
has been alleged to have been committed by a law enforcement officer all
weapons, department issued and personal, possessed by that officer shall
immediately be
1.

Seized by the law enforcement officer responding to the domestic
violence call if the responding officer reasonably believes that the
presence of weapons would expose the victim to a risk of serious
bodily injury, or

2.

Surrendered by the officer involved when served with a domestic
violence restraining order, search warrant or bail condition which
requires the surrender of weapons.

Whenever an act of domestic violence as defined in N.J.S.A. 2C:25-19
has been alleged to have been committed by a law enforcement officer
resulting in the seizure of the officer’s weapons, or the officer has been
served with a domestic violence restraining order or a domestic violence
warrant for the seizure of weapons or there is a bail condition which
requires the surrender of weapons, the officer must:
1.

Immediately report that fact to the officer’s departmental supervisor
who must promptly notify the Prosecutor’s Office in the county
where the officer is employed.

2.

Voluntarily surrender all weapons to the law enforcement officer
responding to the domestic violence call or in response to a
requirement in a domestic violence restraining order or a domestic
violence warrant for the seizure of weapons or in a bail condition.

Where weapons have been seized from an officer, a report shall
immediately be made to the arresting officer’s departmental supervisor
who must notify the prosecutor’s office in the county where the charge
had been filed.

CUSTODY AND CONTROL OF SEIZED OR SURRENDERED WEAPONS
A.

Any department-issued weapon, which is seized or surrendered in
connection with a domestic violence incident, is to be returned to the
custody and control of the department which issued that weapon.
2

(9/00)

Seizure of Weapons from Municipal and County Law Enforcement Officers
B.

All other weapons owned, possessed, or controlled by the officer, which
are seized or surrendered, are to be promptly forwarded to the county
Prosecutor’s Office in the county where the seizure of weapons took place
in accordance with the procedures set forth in the Attorney General’s
Guidelines on Police Response Procedures in Domestic Violence Cases
and the County Prosecutor’s Procedures for the seizure and
transportation of firearms to the Prosecutor’s Office in accordance with
the provisions of N.J.S.A. 2C:25-21d.

C.

Where the weapons have been seized pursuant to a court order, domestic
violence search warrant, condition of bail or at the scene pursuant to
N.J.S.A. 2C:25-21d, the County Prosecutor’s Office where the civil and/or
criminal charge was filed or incident occurred shall conduct an immediate
investigation of the incident and determine whether the officer should be
permitted to carry a weapon and what conditions, if any, should be
recommended to the court for the return of the weapons to the law
enforcement officer pending the disposition of the domestic violence
proceedings. The County Prosecutor completing the investigation shall
forward the report to the County Prosecutor within whose jurisdiction the
officer is employed.

D.

Where the domestic violence charges, either criminal or civil, which
resulted in the seizure of weapons from a law enforcement officer have
been dismissed or withdrawn before a hearing, the procedures in
Paragraph IVD, listed below, should be followed for the return of the
weapons to the law enforcement officer.

E.

The chief of the law enforcement agency where the officer is employed
shall
1.

Conduct an investigation into the officer’s background and shall
recommend to the appropriate County Prosecutor’s Office whether
the officer should be permitted to carry weapons and what
conditions, if any, should be imposed for the return of the weapons,
consistent with any family or criminal or municipal court bail orders
entered against the officer in the jurisdiction which the incident
occurred.

2.

If necessary, re-assign the officer charged with committing an act
of domestic violence or served with a restraining order so that the
officer will not have contact with the domestic violence
complainant.

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Seizure of Weapons from Municipal and County Law Enforcement Officers
F.

IV.

The County Prosecutor’s Office within whose jurisdiction the incident
occurred should confer with the domestic violence complainant regarding
the complainant’s position on the return of weapons. However, the
recommendation or determination whether the weapons should be
returned rests with the County Prosecutor, not the victim or the law
enforcement agency where the officer is employed.

RETURN OF SEIZED WEAPONS
A.

When a court had specifically directed that the officer’s weapons be
seized either pursuant to a domestic violence restraining order or a
domestic violence warrant for the seizure of weapons; or as a condition of
bail, the officer whose weapons have been seized because of a domestic
violence incident may request an expedited court hearing to determine the
officer’s status regarding the possession of weapons.

B.

When a court order, either criminal or civil, which prohibits a law
enforcement officer from possessing weapons is in effect, no weapons
are to be returned to the officer subject to the domestic violence
proceedings without a court order. If the domestic violence charges or
complaint are withdrawn or dismissed prior to a court hearing, the
provisions in Paragraph IVD, listed below, should be followed.

C.

If it is determined by the County Prosecutor that the officer may carry
weapons in accordance with that officer’s duty assignments while the
domestic violence proceedings, either criminal or civil, are pending court
action, the County Prosecutor may recommend to the appropriate court
that:
1.

The officer be permitted to carry a department issued handgun
during on duty hours (duty hours means an officer’s daily active
duty shift) but not carry a handgun off duty, and

2.

The officer be directed not to enter his or her residence which is
shared with the complainant while on duty and armed, or meet with
the complainant or any other person covered by the restraining
order, while armed.

3.

The department owned weapons are to be issued by the
department to the officer at the beginning of the officer’s daily
active duty shift and the weapons are to be returned to the custody
of the department at the end of the officer’s daily active duty shift.

4

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Seizure of Weapons from Municipal and County Law Enforcement Officers
D.

V.

When a weapon has been seized from a law enforcement officer involved
in a domestic violence offense but no criminal charges, court order or
warrant has been issued or is pending regarding possession of weapons,
a County Prosecutor may authorize the return of the seized weapons
subject to conditions, if any, the Prosecutor determines necessary.

RESTRICTIONS ON RETURN OF FIREARMS

Pursuant to the provisions of the federal crime bill, 18 U.S.C.A. 922(g), if a final
domestic violence restraining order is issued, and for the duration of that order,

VI.

A.

A law enforcement officer may be authorized by a court to possess a
department issued firearm under conditions recommended by the
appropriate county prosecutor, and

B.

The officer may not possess any personally owned firearms.

PURPOSE AND EFFECT OF THIS DIRECTIVE

This directive is binding upon all county prosecutors and all law enforcement
officers in this State. This directive and the procedures set forth herein are
implemented solely for the purpose of guidance within the criminal justice community.
They are not intended to, do not, and may not be invoked to create any rights,
substantive or procedural, enforceable at law by any party in any matter, civil or
criminal.

5

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DOMESTIC VIOLENCE
Directive Implementing Procedures for the Seizure of Weapons from State Law
Enforcement Officers Involved in Domestic Violence Incidents
Issued August 1995
Revised September 2000

TO:

DIRECTOR, DIVISION OF CRIMINAL JUSTICE
ALL COUNTY PROSECUTORS
ALL LAW ENFORCEMENT CHIEF EXECUTIVES

FROM:

JOHN J. FARMER, JR. ATTORNEY GENERAL

DATE:

SEPTEMBER 1, 2000

SUBJECT:

ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2000-4
REVISION TO AUGUST 14, 1995, DIRECTIVE IMPLEMENTING
PROCEDURES FOR THE SEIZURE OF WEAPONS FROM ALL STATE
LAW ENFORCEMENT OFFICERS INVOLVED IN DOMESTIC
VIOLENCE INCIDENTS

I.

INTRODUCTION

When law enforcement officers are charged with committing acts of domestic violence,
it is important that the matters be uniformly and expeditiously handled. To achieve
these objectives, it is necessary that there be a statewide policy governing the seizure
of weapons from a law enforcement officer who is charged with committing an act of
domestic violence.
The Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 et seq., requires the Attorney
General “to provide for the general supervision of criminal justice” in this State. All law
enforcement agencies and law enforcement officers in the State are required to
cooperate with the Attorney General “to secure the benefits of a uniform and efficient
enforcement of the criminal law and the administration of criminal justice throughout the
state.” N.J.S.A. 52:17B-98. Accordingly, it is directed that all state law enforcement
agencies and law enforcement officers who are employed by the State Department of
Corrections, the Division of Criminal Justice, the Division of State Police, Human
Services Police, Juvenile Justice Commission or the State Park Ranger Service and
who are authorized to carry weapons pursuant to N.J.S.A. 2C:39-6 are to comply with
this directive.
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Seizure of Weapons from State Law Enforcement Officers
II.

GUIDELINES FOR THE SEIZURE OF WEAPONS FROM A LAW
ENFORCEMENT OFFICER INVOLVED IN A DOMESTIC VIOLENCE INCIDENT
A.

B.

C.

Whenever an act of domestic violence as defined in N.J.S.A. 2C:25-19
has been alleged to have been committed by a state law enforcement
officer all weapons, department issued and personal, possessed by that
officer shall immediately be
1.

Seized by the law enforcement officer responding to the domestic
violence call if the responding officer reasonably believes that the
presence of weapons would expose the victim to a risk of serious
bodily injury, or

2.

Surrendered by the officer involved when served with a domestic
violence restraining order, search warrant or bail condition which
requires the surrender of weapons.

Whenever an act of domestic violence as defined in N.J.S.A. 2C:25-19
has been alleged to have been committed by a state law enforcement
officer resulting in the seizure of the officer’s weapons, or the officer has
been served with a domestic violence restraining order or a domestic
violence warrant for the seizure of weapons or there is a bail condition
which requires the surrender of weapons, the officer must:
1.

Immediately report that fact to the state officer’s departmental
supervisor who must promptly notify the Prosecutor’s Office in the
county where the officer is employed and also notify the Division of
Criminal Justice, Prosecutors and Police Bureau;

2.

Voluntarily surrender all weapons to the law enforcement officer
responding to the domestic violence call or in response to a
requirement in a domestic violence restraining order or a domestic
violence warrant for the seizure of weapons or in a bail condition.

Where weapons have been seized from a state law enforcement officer, a
report shall immediately be made to the arresting officer’s departmental
supervisor who must notify the Division of Criminal Justice, Prosecutors
and Police Bureau.

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Seizure of Weapons from State Law Enforcement Officers
III.

CUSTODY AND CONTROL OF SEIZED OR SURRENDERED WEAPONS
A.

Any department-issued weapon, which is seized or surrendered in
connection with a domestic violence incident, is to be returned to the
custody and control of the department which issued that weapon.

B.

All other weapons owned, possessed, or controlled by the officer, which
are seized or surrendered, are to be promptly forwarded to the County
Prosecutor’s Office in the county where the seizure of weapons took place
in accordance with the procedures set forth in the Attorney General’s
Guidelines on Police Response Procedures in Domestic Violence Cases
and the County Prosecutor’s Procedures for the seizure and
transportation of firearms to the Prosecutor’s Office in accordance with
the provisions of N.J.S.A. 2C:25-21d.

C.

Where the weapons have been seized pursuant to a court order, domestic
violence search warrant, condition of bail or at the scene pursuant to
N.J.S.A. 2C:25-21d, the Division of Criminal Justice, Prosecutors and
Police Bureau shall conduct an immediate investigation of the incident
and determine whether the officer should be permitted to carry a weapon
and what conditions, if any, should be recommended to the court for the
return of the weapons to the law enforcement officer pending the
disposition of the domestic violence proceedings. The Division of Criminal
Justice, Prosecutors and Police Bureau shall promptly forward its report
and recommendations to the County Prosecutor within whose jurisdiction
the officer is employed.

D.

Where the domestic violence charges, either criminal or civil, which
resulted in the seizure of weapons from a state law enforcement officer
have been dismissed or withdrawn before a hearing, the procedures in
Paragraph IVD, listed below, should be followed for the return of the
weapons to the law enforcement officer.

E.

The chief of the law enforcement agency where the officer is employed
shall
1.

Conduct an investigation into the officer’s background and shall
recommend to the Division of Criminal Justice, Prosecutors and
Police Bureau who shall determine whether the officer should be
permitted to carry weapons and what conditions, if any, should be
imposed for the return of the weapons, consistent with any family
or criminal or municipal court bail orders entered against the officer
in the jurisdiction which the incident occurred.
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Seizure of Weapons from State Law Enforcement Officers
2.

F.

IV.

If necessary, re-assign the officer charged with committing an act
of domestic violence or served with a restraining order so that the
officer will not have contact with the domestic violence
complainant.

The Division of Criminal Justice, Prosecutors and Police Bureau or
designee generally should confer with the domestic violence complainant
regarding the complainant’s position on the return of weapons. However,
the recommendation or determination whether the weapons should be
returned rests with the Division of Criminal Justice Prosecutors and Police
Bureau, not the victim or the law enforcement agency where the officer is
employed.

RETURN OF SEIZED WEAPONS
A.

When a court had specifically directed that the officer’s weapons be
seized either pursuant to a domestic violence restraining order or a
domestic violence warrant for the seizure of weapons; or as a condition of
bail, the officer whose weapons have been seized because of a domestic
violence incident may request an expedited court hearing to determine the
officer’s status regarding the possession of weapons.

B.

When a court order, either criminal or civil, which prohibits a state law
enforcement officer from possessing weapons is in effect, no weapons
are to be returned to the officer subject to the domestic violence
proceedings without a court order. If the domestic violence charges or
complaint are withdrawn or dismissed prior to a court hearing, the
provisions in Paragraph IVD, listed below, should be followed.

C.

If it is determined by the Division of Criminal Justice, Prosecutors and
Police Bureau that the state law enforcement officer may carry weapons
in accordance with that officer’s duty assignments while the domestic
violence proceedings, either criminal or civil, are pending court action, the
Division of Criminal Justice, Prosecutors and Police Bureau may
recommend to the appropriate court that:
1.

The officer be permitted to carry a department issued handgun
during on duty hours (duty hours means an officer’s daily active
duty shift) but not carry a handgun off duty, and

2.

The officer be directed not to enter his or her residence which is
shared with the complainant while on duty and armed, or meet with
the complainant or any other person covered by the restraining
4

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Seizure of Weapons from State Law Enforcement Officers
order, while armed.
3.

D.

V.

The department-owned weapons are to be issued by the
department to the officer at the beginning of the officer’s daily
active duty shift and the weapons are to be returned to the custody
of the department at the end of the officer’s daily active duty shift.

When a weapon has been seized from a state law enforcement officer
involved in a domestic violence offense but no criminal charges, court
order or warrant has been issued or is pending regarding possession of
weapons, Division of Criminal Justice, Prosecutors and Police Bureau
may authorize the return of the seized weapons subject to conditions, if
any, the Division of Criminal Justice, Prosecutors and Police Bureau
determines necessary.

RESTRICTIONS ON RETURN OF FIREARMS

Pursuant to the provisions of the federal crime bill, 18 U.S.C.A. 922(g), if a final
domestic violence restraining order is issued, and for the duration of that order,

VI.

A.

A law enforcement officer may be authorized by a court to possess a
department issued firearm under conditions recommended by the
appropriate county prosecutor, and

B.

The officer may not possess any personally owned firearms.

PURPOSE AND EFFECT OF THIS DIRECTIVE

This directive is binding upon all county prosecutors and all law enforcement
officers in this State. This directive and the procedures set forth herein are
implemented solely for the purpose of guidance within the criminal justice community.
They are not intended to, do not, and may not be invoked to create any rights,
substantive or procedural, enforceable at law by any party in any matter, civil or
criminal.

5

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__________________ Court of New Jersey
__________________ Division
__________________ County
AFFIDAVIT IN SUPPORT OF A
DOMESTIC VIOLENCE WARRANT FOR
THE SEARCH & SEIZURE OF WEAPONS
State of New Jersey
:
County of _______________ : SS
I, _______________________________, of _____________________________, being
(Name of Officer)

(Department)

of full age and having been duly sworn upon my oath according to law, depose and say:
1.

On ________________________ at ______ __.m., I was dispatched to the
following premises:
__________________________________________________________________
__________________________________________________________________
in response to a domestic violence Incident.

2.

I was told by ________________________________________, the victim of the
domestic violence incident, that he or she believes that his or her life, health or
well-being is in imminent danger by the domestic violence assailant,
________________________, by one of the weapons listed in paragraph 3. The
victim said:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________

3.

The victim has described the weapons as follows:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________

Rev. 6/08

1

4.

The victim of domestic violence has informed me that the domestic violence
assailant has the weapons listed in paragraph 3 at
__________________________________________________________________
(Describe Premises in Detail and identify owner of premises if not person listed in Paragraph 1)

__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
5.

Based on the above, I have probable cause to believe that the presence of the
weapons described in paragraph 3 exposes the victim to a risk of serious bodily
injury.

6.

I want to search the premises described in paragraph 4 for the weapons described
in paragraph 3 and to seize any of the above named weapons found at that
location for safekeeping purposes. I also want to seize from the defendant any
issued permit to carry a firearm, firearms purchaser identification card and any
outstanding applications to purchase handguns.

7.

__________________________________________________________________
(If Requesting a No Knock Warrant or Entry at Special Hours, Explain Reason here or on Attached Sheet , or enter any additional
information here)

__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
________________________________
(Signature of Affiant )

Sworn and subscribed to before
me this ________________ day of
______________________. 20____.
_____________________________
Judge of the ___________ Court of
New Jersey

Rev. 6/08

2

_____________________ Court of New Jersey
_____________________ Division
_____________________ County

DOMESTIC VIOLENCE WARRANT
FOR THE SEARCH & SEIZURE
OF WEAPONS
TO: ANY LAW ENFORCEMENT OFFICER HAVING JURISDICTION

1.

The Court, having reviewed the affidavit or testimony of
_______________________________
under oath against ____________________________________________, finds reasonable cause to
believe that the life, health, or well-being of ___________________________________ has been and
is endangered by defendant’s acts of violence and finds reasonable cause to believe that the defendant
may not be qualified to possess firearms pursuant to N.J.S.A. 2C:58-3c(5). The Court finds reasonable
cause to believe that the below listed weapons in defendant’s possession may present a risk of serious
bodily injury to plaintiff:
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
_________________________________________________________________________________.
2. YOU ARE HEREBY COMMANDED to search the premises described as_____________________
_____________________________________________________________________________________
__________________________________________________________________________________
_______________________________________________________________________________
for the above described weapons and to serve a copy of this warrant upon the person at that address.
YOU ARE FURTHER COMMANDED to seize from defendant any issued permit to carry a firearm,
firearms purchaser identification card and any outstanding applications to purchase handguns.
3.

YOU ARE HEREBY ORDERED, in the event you seize any of the above described weapons and
firearms permits, to give a receipt for the property so seized to the person from whom they were taken
or in whose possession they were found, or in the absence of such person, to leave a copy of this
warrant together with such receipt in or upon the said structure from which the property was taken.

4.

YOU ARE AUTHORIZED to execute this warrant within 10 days from the issuance hereof:
Between the hours of _____ m. and _____ m., or
Anytime

After the execution of this warrant, you are ordered to forthwith make prompt return to this Court with a
written inventory of the property seized hereunder.
5.

Given and issued under my hand at ______________________________________________
at _____________ o’clock _________ m. this day of ____________________________, 20 ___.

________________________________________
(Signature)

Judge of the _____________ Court of New Jersey
Revised 4/04

ADMINISTRATIVE OFFICE OF THE COURTS
STATE OF NEW JERSEY
RICHARD J. HUGHES JUSTICE COMPLEX
PO BOX 037
TRENTON, NEW JERSEY 08625-0037

PHILIP S. CARCHMAN, J.A.D.
ACTING ADMINISTRATIVE DIRECTOR
OF THE COURTS

Questions or comments
may be addressed to
(609) 292-5099

MEMORANDUM
To:

Assignment Judges
Trial Court Administrators

From:

Philip S. Carchman, J.A.D.

Re:

Child Support Hearing Officer (CSHO) Program Standards –
Amendment to Standard 7; and a New Standard (Standard 13)

Date:
July 24, 2007
_________________________________________________________________

Enclosed are amendments to the Child Support Hearing Officer (CSHO)
Program Standards, an amended Standard 7 and new Standard 13. The
amendments were approved by the Supreme Court in March 2007 and will
improve the expedited process for child support cases and enhance customer
service.
CSHO Program Standard 7 - Amended
CSHO Program Standard 7 has been amended to authorize the CSHO to
handle FD (non-dissolution) complaints filed by the local Board of Social Services
that seek to establish paternity and/or child support in cases where the obligee has
a final restraining order against the defendant/obligor. Standard 7 already permits
the CSHO, under specified security and facilities conditions, to hear applications
initiated by individuals to modify or enforce child support orders in matters with
active domestic violence restraints in either FV (domestic violence) or FD (nondissolution) cases.
These establishment matters, formerly heard by a judge, may now be
handled by a CSHO. They are to be processed as FD cases, rather than FV,
since only the victim may be a plaintiff in an FV matter. In FDs filed by the local

July 24, 2007
Page 2 of 2

Boards, the child support paid by the obligor is assigned to the Board for the
period that assistance is provided. Standard 7 is permissive and the provision that
permits the CSHO to hear FV modification and enforcement applications has been
implemented in eleven vicinages. The security and facilities requirements that
exist for actions to modify and enforce child support in matters with active
restraints also apply to these establishment matters.
CSHO Standard 13 - New
New CSHO Program Standard 13 authorizes the CSHO to conduct
hearings by telephone in appropriate cases. The new Standard sets forth direction
as to how to proceed with telephonic hearings including proper screening,
coordination with the calendaring of other matters scheduled before the CSHO,
and the appropriate equipment.

Amended Standard 7 and the new Standard 13, along with a new telephone
hearing request form, are attached and should be inserted into existing hardcopies
of the Standards and will also be available on the Infonet. As noted, these
Standards are permissive not mandatory. Please advise me by September 1,
2007 whether you plan to implement either or both of the Standards in your
vicinage and, if so, how you will proceed with implementation.
Any questions or comments may be directed to Assistant Director Harry T.
Cassidy at 609-984-4228 or to Elidema Mireles, Chief, CSHO Program at 609292-5099.

P.S.C.
cc:

Chief Justice Stuart Rabner
Family Presiding Judges
Theodore J. Fetter, Deputy Administrative Director
AOC Directors and Assistant Directors
Elidema Mireles, Chief
Richard Narcini, Chief
Family Division Managers
Vicinage Chief Probation Officers
Assistant Family Division Managers in Multi-County Vicinages
Steven D. Bonville, Special Assistant
Francis W. Hoeber, Special Assistant

2

Amended
CSHO Program Standard 7
and Commentary
as approved by the Supreme Court March 5, 2007

1

CSHO Standard 7 (amendments underlined)
A. In order for the Family Division to better serve victims of domestic violence and
to provide expedited process, vicinages may schedule, child support modifications
in domestic violence cases before the Child Support Hearing Officers (CSHOs).
The CSHOs may hear child support modification motions in domestic violence
cases under the conditions set forth herein. In addition the CSHO may hear FD
cases where there is a restraining order in effect when filed by the Board of Social
Services to establish child support. The CSHO, at all times, will address only the
child support aspects (civil enforcement and modification and TANF
establishments) of the case before them. The following conditions will be
observed:
1. Both parties must be amenable to appearing before the CSHO.
2. The CSHO may hear child support modifications in matters established under
an “FV” docket; matters with active restraints filed by the Board of Social
Services under an “FD” docket; or interstate matters filed pursuant to the
Uniform Interstate Family Support Act. (UIFSA).
3. The restraining order must be in effect for six (6) months without further
activity before the case may be placed before a CSHO for modification of
child support; otherwise, the modification shall be scheduled before a judge.
This six month requirement does not apply to FD establishments filed by the
Board of Social Services.
4. The matter cannot be scheduled before the CSHO if the case raises any issues
other than child support.
5. The matter should go before a judge, where other factors or concerns exist that
make the matter complex, e.g. indication of ongoing inappropriate behavior by
the batterer toward the victim or behavior that occurs while waiting to be heard
or during the hearing.
6. The action must be a Title IV-D case, i.e. the child support is payable through
Probation.
B. Prior to the vicinage scheduling these cases before the CSHOs, a written security plan
for these hearings must be developed and approved by the Assignment Judge; taking
into account the recommended standards set forth in Section A Security and Facilities,
of the Commentary.
C. All CSHOs, Supervisors and Chief of the Program shall be required to participate in
the mandatory training for domestic violence staff in addition to receiving training as
to the dynamics of families with domestic violence issues before the vicinage may
schedule matters to the CSHO. To the extent that FD or FM staff will be screening
these cases, the Team Leaders in these docket types should also receive training
regarding domestic violence issues.
2

D. Because of the volatile nature of these cases, appeals and referrals from the CSHO
should be heard by a judge as promptly as possible, and in any event on the same day
as the CSHO hearing (see Commentary, Section C).
Commentary:
A. Security and Facilities
Child support modification hearings arising out of domestic violence cases raise
particularly serious security concerns. While initial TRO hearings in domestic violence
matters are heard ex parte, with only the plaintiff present, child support modification hearings
are likely to be held in the presence of both the plaintiff and the defendant. Because emotions
often run high between these parties, security needs must be anticipated and planned for. In
developing a security plan for child support hearings in domestic violence cases, the following
recommended standards (which are generally addressed in courtroom) should be taken into
account:

1.
2.
3.
4.
5.
6

Provide an armed Sheriff’s Officer for each CSHO proceeding.
Provide duress alarms for the CSHO.
Restrict access to light controls.
Provide the hearing officer with an egress route to a safe location.
Utilize a command and control center to monitor alarms and CCTV.
Utilize two-way radios to maintain communications and coordinate
emergency responses.
7. Provide emergency back-up power for the lighting and security system.
In addition to these general recommended standards, the following specific provisions should
be addressed in the security plan for child support hearings in DV cases:
8. Schedule modification cases in a courtroom or in a room of comparable
size and formality. The room should be large enough so that the victim is
not required to sit in close proximity to the defendant either while waiting
for the case to be heard or during the conduct of the hearing. The parties
should not be seated at the same table under any circumstances.
9. If a facility does not offer two separate waiting areas to keep the victim
and defendant apart from each other prior to the hearing, a second Sheriff’s
Officer should be assigned to the waiting area to insure the safety of
litigants.
10. In vicinages where the CSHO hearing facility is located in a separate
building from the courthouse where the appeal will be heard, the vicinage
should have appropriate security arrangements in place for the parties to be
3

escorted to the courtroom of the judge who will hear the appeal. The
parties are not to be left unattended while the appeal is pending.

When an appeal is taken, it poses a particularly critical time because the plaintiff is
vulnerable to coercion and intimidation regarding the recommendation being appealed. The
defendant’s emotions may be running high since the stakes are usually whether to increase or
decrease an order of child support. A higher rate of appeal is anticipated on these child
support modifications than is generally the case on CSHO calendars (about 3-4%).
In developing security plans for child support hearings in domestic violence cases, as in all
other security matters, technical assistance will be available from the Court Access Services
Unit at the Administrative Office of the Courts.

B. Case Types
1. Both parties must be amenable to appearing before the CSHO. The CSHO should explain
to parties what the CSHO’s role is in the proceeding and what will occur during the hearing as
well as explaining the use of the Guidelines and their individual right to appeal the
recommendation of the CSHO and obtain an immediate hearing before a judge. Either party
may request to have the matter heard by a judge. This is similar to DVHO Standard 5, which
indicates that appearance before the DVHO is voluntary and permits the plaintiff the option of
appearing instead before a judge.
2. The CSHO may hear child support modifications in matters established under an “FV”
docket; establishment of support matters under an “FD” docket filed by the Board of Social
Services even with companion restraints; or interstate matters filed under the Uniform
Interstate Family Support Act (UIFSA).
3. The restraining order must be in effect for six (6) months without further activity before the
case may be placed before the CSHO for modification of child support; otherwise, the
modification shall be scheduled before a judge. This six month requirement does not apply to
FD establishment of support cases in the presence of active restraints if it is filed by the Board
of Social Services.
4. When there are other pending actions or outstanding issues such as contempt or
enforcement of other provisions of the restraining order including custody or parenting time or
pending FM with other outstanding issues, the matter shall not be scheduled before the CSHO
for establishment, enforcement or modification of child support. This is currently a standard
established in the Manual applicable to civil enforcement in domestic violence matters before
the CSHO.

4

5. The matter should go before the judge, where other factors or concerns exist, that make the
matter complex, e.g. indication of ongoing inappropriate behavior by the batterer toward the
victim or behavior that occurs while waiting to be heard or during the hearing.

6. The action must be a Title IV-D case, i.e. the child support is payable through Probation
(Centralized Collections) and a county Probation Division is responsible for the collection and
enforcement of the child support provisions. Direct pay matters or matters ordered paid to a
third party, shall not be scheduled before the CSHO.
7. If the issue involves provisions other than child support, e.g. rent or mortgage payments,
parenting time, monetary compensation, counseling and temporary possession of specified
personal property, the matter shall not be placed before the CSHO and shall be scheduled
before a judge. The CSHO shall only address the support establishment, modification or civil
enforcement of the child support provisions since the CSHO’s jurisdiction per R. 5:25-3 is in
the Title IV-D matters.

C. Appeals and Referrals to a Judge
1. The CSHO shall exercise judgment in determining the appropriateness of the forum and
shall be permitted to refer the matter to a judge as a complex case. There are many factors in
play in domestic violence cases. The CSHO must be alert to the total picture in determining
whether it is appropriate for a hearing officer to proceed with the hearing. The CSHO must
observe the interaction of the parties with the CSHO, with each other, as well as verbal and
non-verbal cues to assess if the dynamics between the parties point to a requirement for
judicial attention. We cannot detail all the possible scenarios that call into question if the case
may be heard by the CSHO, keeping in mind that the imbalance of power may manifest in
observable behavior. Training will help the CSHO develop further the skills needed to
recognize the dynamics in play. The CSHO shall not permit, when the parties are before the
CSHO, any opportunity for coercion or intimidation of the victim. All referrals of complex
cases must have a brief written statement from the CSHO to the judge stating the details that
render the matter complex in nature.
2. Appeals of either party from the CSHO’s recommendation shall be treated as emergent
matters. Appeals from the CSHO calendar are not to be continued. In the domestic violence
cases, the appeal not only should be heard the same day, but also should not be held for so
long that the long wait may indeed contribute to inappropriate behavior from the batterer.
3. In accordance with R. 5:7-4 (b), the CSHO shall record the case disposition (establishment,
modification or civil enforcement) using the Uniform Order for Summary Support. Parties
must be given an unsigned copy of the order resulting from the CSHO proceeding and a
signed copy of the order if they are before a judge. The CSHO shall insure that the order does
not contain any confidential information such as the address of the victim or other information
5

of a confidential nature. A signed copy of the order will be mailed to the parties by Family
Intake staff in the vicinage, once the judge signs the order. If a Guidelines calculation was
done, the parties shall be provided with a copy of the Guidelines. This is also in accord with
CSHOP standards 3 and 4.

D. Training of Staff
All CSHOP staff and relevant FD and FM Team Leaders shall receive training
regarding the dynamics of families with domestic violence issues prior to a vicinage being
approved to schedule child support modifications before the CSHO. Thereafter, they shall
participate in training that is mandatory for all domestic violence personnel.
The proposed standard represents a departure from the prior Domestic Violence
Procedures Manual. The Manual is issued under the authority of the Supreme Court of New
Jersey and the Office of the Attorney General. It sets forth the uniform standards and
procedures to be followed by those responsible for handling domestic violence matters and to
provide a unified approach intended to assure prompt assistance to the victims of domestic
violence.
This proposed standard is the result of a debate that predates 1992, when the Manual
was amended to allow CSHOs to hear civil enforcement motions in domestic violence cases.
In 1992 the State Domestic Violence Work Group considered whether to amend the Manual
additionally and permit the CSHOs to hear the modification of the child support provisions of
domestic violence matters. Ultimately the amendment permitted solely the civil enforcement
of litigant’s rights motions to be calendared before the CSHO under specific conditions
detailed in the in Section III of the Manual. Civil enforcement refers to those matters that are
Title IV-D, i.e. the order is payable through a Probation Division and the case is thus
supervised by county Probation Division staff responsible for the filing of the enforcement
motion.
The experience of the CSHOP with the civil enforcement in domestic violence
matters indicates that in general it works well. There is concern expressed by CSHOs
themselves that the specific conditions set forth in the Manual have not been consistently
enforced. One example given was the lack of the presence of an on-site Sheriff’s Officer
during the hearing because the Sheriff’s Officer was responsible for covering the waiting area
and/or other hearings in progress. Concern was also expressed for the delays in hearing the
appeals resulting from the enforcement hearing before the CSHO. The strict implementation
of the conditions and requirements is crucial to the ability to delivery of expedited process to
the victims of domestic violence. Such service however should not be at the cost of the safety
of the victim, the defendant, the hearing officer, or any other staff or litigants.
Currently, judges are responsible for hearing the child support establishments
and modifications in the domestic violence matters despite the fact that most other non6

dissolution (FD) applications to modify are routinely scheduled before the CSHO. The
CSHOs have the expertise as to the child support modification issues and as to the application
of the Guidelines that comes from having primary responsibility for the disposition of Title
IV-D child support cases.
The Manual states that modifications are inherently complex and provides that they be
heard by a judge. Historically, this has raised issues for the Judiciary. Since Family handles
ten (10) docket types, there is tremendous demand for judge time to address the cases
requiring the attention of a judge. Expedited process is premised on the concept of diverting
appropriate matters from the judge in order to resolve them in an expedited manner.
Requiring that all modification of support cases go to a judge unduly delays their resolution
because they are segregated from the expedited process B the process of child support matters
going first to a CSHO. The laudable intent of providing the attention of a judge to hear these
cases inadvertently subjects the victim to less timely service due to the demands placed on the
available judge time. The expedited process places summary child support matters before the
CSHO normally, but the domestic violence cases have been historically been diverted from the
expedited process. DV cases are by no means routine, but the adoption of R.5:6A Child
Support Guidelines by NJ has contributed to standardization of the issue of child support.
Expedited process means that child support issues in some domestic violence cases will be
better served before the CSHO. This would permit the judge to devote time to the domestic
violence cases requiring judicial attention.
The July 2004 Manual incorporates the CSHO Program Standard 7 as
Appendix 20. Standard 7 clearly provides specific and necessary security and facilities
conditions that should be met in order to place the civil enforcement before a CSHO. In
expanding to allow CSHOs to hear establishments, modifications and enforcements with
domestic violence restraints, these conditions and even increased safety measures would have
to be in place for any vicinage seeking to calendar child support modifications in domestic
violence cases before the CSHO. Indeed, the proposed standard requires that the security
issues be addressed in advance, prior to a county scheduling these cases before the CSHO, to
insure that the requirements as to security and facilities are met and to insure that the other
conditions are understood in terms of proper implementation.

7

New
CSHO Program Standard 13
and Commentary
as approved by the Supreme Court March 5, 2007

8

CSHO STANDARD 13 TELEPHONIC HEARINGS

In matters involving establishment and modification of child support in non-dissolution
matters and post-judgment dissolution motions, the Child Support Hearing Officer may
conduct hearings by telephone. In New Jersey, it is not unusual to have parties or counsel
participate by telephone. Rule 5: 5-7 allows for case management conferences to be by
phone. Rule 5:7A (b) allows TROs to issue based on sworn testimony to the judge using
telephone, radio or other means of electronic communication. The Uniform Interstate
Family Support Act, 2A: 4-30.92, et. seq. encourages courts to allow testimony by
telephone or electronic communications. The Family Division staff will ensure that cases
appropriate for telephonic hearings are scheduled before a hearing officer and that the
proper equipment is provided. The CSHO has the discretion to end a telephonic hearing if
he or she determines that the integrity of the record is being compromised because it is
telephonic. The following conditions shall be observed:
1. Family Division staff will process requests for telephonic hearings and determine
whether there is good cause for the telephonic hearing accommodation. If a party
resides in New Jersey, a reasonable distance from the hearing site, there is a
presumption that they would appear for the hearing unless there is another valid
reason, e.g. the party is hospitalized. The Family Division will advise the party that
he or she must submit the request for a telephonic hearing in writing to the Family
Division and their adversary no less than 15 days prior to the hearing date (letter or
motion papers). Family Division should use a form to process the requests for
telephonic hearings. See attached form.
2. Family Division staff will obtain and place in the file the necessary telephone
numbers and names of contact persons and will clearly identify on the hearing
officer’s calendar and on the case notice all matters scheduled for a telephonic
hearing and the time of the hearing. If the party is in the military, the Family
Division staff will also obtain the person’s commanding officer and military base.
3. Generally, the court shall initiate the call to the requesting party. The CSHO shall
have the ability to coordinate the telephonic matter with the other scheduled cases
where parties have appeared and may instead call the requesting party. In all
instances, the requesting party will be advised by Family Division staff to remain
available and wait for the call (as per the written request for a telephonic appearance
indicates) from the court. In order to coordinate the telephonic hearings with the
hearing officer’s scheduled calendar, it must be clear from the hearing officer’s
calendar what cases are scheduled for a telephonic hearing, provide the telephone
contact number and whether an interpreter is needed for the case.

9

4. Ten days prior to scheduling the telephonic hearing, the Family Division shall notify
the parties, counsel of record, and the Board of Social Services attorneys (UIFSA,
TANF and DYFS cases), of any requests for telephonic hearings.
5. In UIFSA matters the Family Division staff shall cooperate with tribunals of other
states in designating an appropriate location for the testimony and advise the party if
he or she must contact the child support enforcement agency and arrange to appear
at the state agency for their assistance in setting up the call. In addition the party
must be advised that he or she must provide information to confirm their identity.
6. For all matters to establish or modify support, the parties must be notified that no
less than five days prior to the hearing, they must provide their last three federal
income tax returns and four current pay stubs to the hearing officer and their
adversary. The adversary must provide to the other party their last three income tax
returns and four current pay stubs no later than five days prior to the hearing. The
party appearing by telephone must provide information to confirm their identity
during the hearing. Other documents that the parties want to submit to the hearing
officer for review must be submitted to Family Division no less than five days prior
to the hearing and copies must be provided by the party to their adversary in
advance. The Family Division staff will place these documents in the file prior to
the telephonic hearing.
7. In scheduling telephonic hearings for the hearing officer, Family Division staff will
take into consideration that telephonic hearings require more time to conduct than
in-person hearings and will schedule fewer total cases in order to accommodate
telephonic hearings. When an interpreter is used in a telephonic hearing, the time
needed to hear the case may be increased.
8. When the CSHO does not proceed with a scheduled telephonic hearing or concludes
the hearing before it is finished, the CSHO shall set forth the reason(s) for doing so
in the Uniform Summary Support Order (USSO).
9. The USSO shall indicate that there was a telephonic hearing. A copy of the Child
Support Hearing Officer recommendation along with the Child Support Guidelines
worksheet shall be provided to the party at the hearing and the copy of the order
signed by a Judge along with the Child Support Guidelines worksheet will be mailed
to both parties.
10. In the event of an appeal by one or both parties, the Family Division will schedule
the telephonic appeal hearing before a Judge for the same day, if possible, or make
suitable arrangements when the appeal cannot be heard the same day.
11. When scheduling telephonic hearings in modification of child support in domestic
violence cases (Standard 7) and FM post-judgment motions to modify support
(Standard 9), the screening requirements still apply.
10

12. Polycom equipment, when available, shall be used for the telephonic hearing. If it is
not available and the equipment used (e.g. speaker phone) is not adequate,
malfunctions, or an outside telephone line is not available after several attempts, the
hearing officer may discontinue the telephonic hearing and reschedule the matter to
allow parties to appear. If the party appearing telephonically is not available to take
the call or fails to call the court, the hearing officer shall proceed with the hearing
and treat the case as he or she would any other non-appearance and, on the record,
dismiss the case without prejudice if the party appearing telephonically is the
moving party or proceed with a default order if appropriate.
Commentary:
The advancement of technology and the current use of telephone and
electronic communication for court hearings provide authority and a basis for
allowing the Child Support Hearing Officer to conduct expedited hearings where a
party may testify by telephone. Under the Uniform Interstate Family Support Act
(UIFSA), N.J.S.A. 2A; 4:30.65 et. seq. telephonic hearings are a recognized means
of conducting hearings; all proceedings brought under UIFSA, including long-arm
cases, may proceed by telephonic hearings. Rule 5:5-7 allows for Family case
management conferences to be by telephone. Rule 5:7A(b) allows TROs to issue
based on sworn testimony to the judge using telephone, radio or other means of
electronic communication. It is logical to extend this method to the summary
proceedings conducted by the CSHO and further enhance expedited process.

11

May 4, 2000
MEMORANDUM TO: Assignment Judges
Family Presiding Judges
Family Division Managers
FROM:
RE:

Richard J. Williams
Procedures for the Registration of Out of state
Domestic Violence Restraining Orders

The Conference of Family Division Managers, the Family Practice Division and the
Automated Trial Court Systems Unit have developed procedures to implement the registration of
out of state domestic violence orders in the Family Division and the DV central registry. The
Information Systems Division has completed the programming of this procedure in FACTS. This
process is scheduled to become active in FACTS on 5/8/00. These procedures have been
reviewed by the State Domestic Violence Working Group and the Conference of Family Division
Managers, and approved by the Conference of Family Division Presiding Judges. The procedures
were included, in draft form, in the New Jersey presentation to the Mid-Atlantic VAWA conference
on Full Faith and Credit issues.
This memorandum includes:
!
!
!

Procedures for Family Division staff to follow in the registration of the orders;
FACTS codes and procedures. (part of the FACTS FV Docket users guide distributed by the
Automated Trial Court Systems Unit);
Certification forms for incoming orders and for outgoing New Jersey orders.

The attached procedure has been modified from prior drafts in order to better accommodate
the out of state order’s expiration date in FACTS and recent discussions with other Mid Atlantic
states concerning the practice of certification for Restraining Orders. The Automated Trial court
Systems Unit conducted training in April to implement this process. The trainees from each vicinage
were provided the updated FV Docket users guide. Please advise Mary M. DeLeo if you have any
questions concerning this procedure.
These procedures are labeled as interim pending the development of a complete Foreign
order process within the FACTS system, and eventually every state’s inclusion of their Restraining
Orders in a National Central Registry which is anticipated by July, 2002. These procedures will
allow for out of state Domestic violence orders to be placed on to the system, with a minimum of

system changes.
The primary benefit to registration for the victim is that the order will be on the statewide DV
registry to which police throughout the state will have access on an immediate, round-the-clock
basis.
These procedures will:
!
!
!
!
!

Establish these registered cases without adding new cases to the Family Division statistical
report;
Accommodate the expiration date of out of state orders;
Identify out of state orders to users, particularly law enforcement users of the DV registry;
Not permit an out of state order to be reopened or modified;
Still require that Full Faith and Credit be honored by Law Enforcement and the Courts on
those orders which have not been registered.

Procedures
1.

The victim (plaintiff) who elects to register an out of state restraining order will present the
order at a county Family Division intake or domestic violence unit. The victim/plaintiff will
complete a Victim Information Form and complete an Out of State certification form
(attached).

2.

The Family Division DV or central reception staff member will review the order, certification
and victim information form. The staff member will call the issuing court, immediately, or
within one business day. The staff member will fax the order and certification form to the
issuing court and request confirmation of the order as presented by return fax. The Family
Division Manager, or if so designated by the Division Manager, the FV Team Leader, may
review the contact with the issuing court to resolve questions concerning confirmation.

3.

Upon confirmation, the staff member will complete the confirmation form, which will allow for
the establishment and docketing of the case on FACTS.

4.

The establishment process will include:
!

!

!

5.

6.

A new initiating document, the OUT OF STATE DV RO, entered in the initiating
document field, will be combined with a case status reason code that identifies the
case as an Out of State Order;
The field MUNICIPALITY OF OFFENSE becomes a required field with a change
from numeric to alphanumeric to allow the state to be identified, e.g. 9901 for an Out
of State Order from Pennsylvania (attached FACTS procedure-1a);
All OUT OF STATE DV RO initiating document cases would be ignored in the
statistical count, and cannot be reopened.

The expiration date will be identified in the system, and appear on the registry based on the
use of a Relief code that is unique to this case type. The expiration date will be entered by
the user and appear in the registry in the COMMENTS field (attached 2c).
Upon completion of case establishment, the order will be stamped with a statement
confirming that it has been verified and registered as of the case establishment date and
providing the NJ docket number. The victim/plaintiff should be provided with the order, a
copy faxed to the police departments identified by the victim/plaintiff, and a copy placed in
2

the Family Division file that was created when the system assigned the New Jersey number
as part of the registration process.
7.

The Attorney General’s Guidelines to Law Enforcement Officers state that the registration
of an order is not required in order to enforce the order. We have been assured by the
Division of Criminal Justice that Full Faith and Credit will be emphasized in all police training
to continue protection of all victims, regardless of whether they have sought the additional
assurance of recording their out of state order with New Jersey

Outgoing Orders
All Final and Temporary restraining orders contain language concerning the Full Faith and
Credit qualification of those orders under the Federal VAWA statute. As a further aid to victims, the
federal VAWA office has promulgated a form of Certification, which, if completed by the issuing
court, is intended to encourage the enforcement of these orders in all states. Attached is a form of
this certification with the New Jersey Family Part caption. At this time, it is not a recommended
practice to provide this certification for orders issued on a routine basis. Rather, the form should be
completed upon the request of a victim, or another state’s court or law enforcement agency that
has requested verification of the New Jersey FRO.
The recommended practice is for the court to provide the victim with a certified true copy of
the FRO, with a raised seal, upon request of the victim.

c:

Chief Justice Deborah T. Poritz
John J. Farmer, Attorney General
Paul H. Zoubek, Director, Division of Criminal Justice
AOC Directors and Assistant Directors
Trial Court Administrators
E:\CASSIDY\FVREG_.PRO

3

SUPERIOR COURT OF
____________________ COUNTY

NEW JERSEY JUDICIARY

ADDRESS

VERIFICATION AND CERTIFICATION
DOMESTIC VIOLENCE RESTRAINING ORDER

ADDRESS
TELEPHONE NUMBER

Final Restraining Order

Temporary Restraining Order
TO:

STATE OF

CONTACT PERSON

TELEPHONE NUMBER

(

FAX NUMBER

)

(

)

ADDRESS

CITY

STATE

PLAINTIFF’S LAST NAME

DATE OF ORDER

FIRST NAME

EXPIRATION DATE

ZIP CODE

DEFENDANT’S LAST NAME

JURISDICTION (COUNTY / CITY)

FIRST NAME

ISSUING COURT DOCKET / CASE NUMBER

NONE
CERTIFICATION

I _________________________ certifiy that the above identified Order granted by the New Jersey Superior Court,
Chancery Division, Family Part, County of ___________________ OR Municipal Court of ____________________,
County of _____________________, represents a true copy of the original Order issued on __________________ (date).
This Order represents the last Order issued in this matter. This Order has not be modified by any subsequent Order(s).
I am aware that if any statements made by me are willfully false I am subject to punishment.
DATE

FAMILY COURT STAFF NAME AND TITLE

The signatory is authorized by the Superior Court noted above to certify that the attached Order is a true copy of
a valid New Jersey Domestic Violence Restraining Order.

PROOF OF SERVICE INFORMATION
The defendant was provided with notice and the opportunity to be heard (Proof of Service Attached).

There is no Proof of Service that the defendant has been served with a copy of this Order as of this date.

Other: ______________________________________________________________________________________

Catalog Number: 10237

Revised 4/2005

Outgoing Order

NEW JERSEY JUDICIARY
CERTIFICATION OUT-OF-STATE
DOMESTIC VIOLENCE RESTRAINING ORDER

YOUR LAST NAME

DATE OF ORDER

FIRST NAME

EXPIRATION DATE

DEFENDANT’S LAST NAME

ISSUING STATE

ISSUING COURT DOCKET / CASE NUMBER

FIRST NAME

JURISDICTION (COUNTY / CITY)

ISSUING COURT PHONE NUMBER

(

)

CERTIFICATION

I _________________________ certifiy that the above identified Order presented to the New Jersey Superior Court,
Chancery Division, Family Part, County of _________________________ represents a true copy of the original Order issued by ___________________________________ (state / local jurisdiction) on ____________________ (date). This
Order represents the last Order issued in this matter to the best of my knowledge. I am aware that if any statements made
by me are willfully false I am subject to punishment.
DATE

SIGNATURE

TO BE COMPLETED BY AUTHORIZED PERSON FROM THE ISSUING COURT
NAME / TITLE

TELEPHONE NUMBER

ISSUING COURT
COURT

(

FAX NUMBER

)

(

)

This certifies that the Order identified above and dated ________________________ has been reviewed and
represents a true copy of our court’s original Order. The defendant in this case was provided with the notice and
the opportunity to be heard (Proof of Service attached) prior to the entry of this Order. The terms and conditions
of the Order have not be modified by any subsequent Court Order(s).
DATE

SIGNATURE

NEW JERSEY COURTS

PLEASE RETURN THIS STATEMENT TO _______________________________ VIA FAX NUMBER __________________________________

TO BE COMPLETED BY NEW JERSEY FAMILY DIVISION STAFF (ATTACH CERTIFICATION AND PLACE IN FILE)
STAFF MEMBER NAME

DISTRIBUTION TO (identify)

DATE ORDER PRESENTED

DATE CASE ESTABLISHED ON FACTS

NJ DOCKET NUMBER

SUPERVISOR NAME / COMMENTS

Catalog Number: 10238

Revised 4/2005

Incoming Order

STATE OF NEW JERSEY
FAMILY AUTOMATED CASE TRACKING SYSTEM
(FACTS)

DVCR

INQUIRY GUIDE

DRAFT

Prepared By: Automated Trial Court Systems Unit (ATCSU)
Date: June 2008

TABLE OF CONTENTS
INTRODUCTION ...........................................................................................................................1
I

LOGGING ON ..........................................................................................................................3

II

DVCR DEFENDANT AND VICTIM SEARCH.....................................................................8

III DOMESTIC VIOLENCE INFORMATION ..........................................................................12
A VICTIM SEARCH .......................................................................................................13
B DEFENDANT SEARCH ..............................................................................................14
C UNDOCKETED TRO SEARCH..................................................................................16
D FV CASE INFORMATION .......................................................................................18
E FO CASE INFORMATION..........................................................................................20
F P/G AND ACS HISTORY ..........................................................................................22

APPENDIX....................................................................................................................................24
TIPS FOR SEARCHING NAMES IN FACTS .................................................................25
CONTACTS .....................................................................................................................26
COUNTY CODES ............................................................................................................27

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR INQUIRY GUIDE
INTRODUCTION - DVCR
The Domestic Violence Central Registry (DVCR) is a computerized inquiry system that
allows law enforcement to access information about Domestic Violence cases. Prior to the
existence of the Registry, officers needing information about DV cases had to request this
information from the Family Court DV units in their county, who would then look up the case in
question on the Family Automated Case Tracking System (FACTS). Access to the information
was available only during the court’s operating hours. The Central Registry permits direct
access at any time to the DV information in FACTS.
The Central Registry displays information about cases in which a restraining order was
requested (FV docket type), and cases in which a violation of a restraining order is alleged to
have occurred (FO docket type). Law Enforcement personnel are using this information to help
determine what action to take when a Restraining Order is allegedly violated, to help determine
bail amounts, to decide if applications for weapons permits should be granted, and for general
information in handling DV cases.

ONGOING ENHANCEMENTS
Enhancements to the Domestic Violence Central Registry are being developed on an
ongoing basis. In anticipation of these enhancements, the text of this manual covers their use. If
you find that you are unable to perform a function described in this manual, you may be trying to
access a feature that has not yet been installed. Please phone the Judicial Problem Reporting
Desk at 1-800-343-7002 and an analyst will contact you with further details.

1

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR INQUIRY GUIDE
INTRODUCTION – Juvenile Central Registry
This section deleted

ONGOING ENHANCEMENTS
Enhancements to the system are being developed on an ongoing basis. If you find that
you are unable to perform a function described in this manual, please phone the Judicial Problem
Reporting Desk at 1-800-343-7002. An analyst will contact you about your problem.

A NOTE ABOUT USING THIS GUIDE
To help you use this guide more effectively, remember that:
- CAPITALS - indicate names of Screens and Fields
- BOLDED CAPITALS - indicate some action that you must take (entering data or
pressing keys).

NAVIGATING IN FACTS

CLEAR - return to the previous screen
PA1
- return to FACTS Main Menu from anywhere in FACTS
PF7
- page backward on screen or list
PF8
- page forward on screen or list

2

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE

I
LOGGING ON

3

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE

I.

LOGGING ON

1) At the Office of Telecommunications and Information System (OTIS) screen, TYPE
AOCTELE and PRESS ENTER.
STATE OF NEW JERSEY OFFICE OF TELECOMMUNICATIONS
AND INFORMATION SYSTEM
YOUR NETWORK TERMINAL IS xxxxxxxx
UNAUTHORIZED ACCESS ILLEGAL

PLEASE ENTER APPLICATION REQUEST: AOCTELE

2) At the ADMINISTRATIVE OFFICE OF THE COURTS “scale” screen, TYPE NJ and
PRESS ENTER.
/'-._
/

'-._

/
/
'.
/
|

'.
|
/
/
(__

N
E
W
\
\
)
/'

-'
|

J
E
R
S
E
Y

':
|
/
|
|
/

\

/
\ -_

./

| ./
IPADDR: 10.0.38.225

JUDICIARY
TELECOMMUNICATIONS NETWORK
|
|
____________|____________
/|\
|
/|\
/ | \
|
/ | \
/ | \
|
/ | \
/
|
\
|
/
|
\
=========
|
=========
|
_________|_________
/
\
/_____________________\
ADMINISTRATIVE OFFICE OF THE COURTS
INFORMATION TECHNOLOGY OFFICE
UNAUTHORIZED USE PROHIBITED

PROBLEM REPORTING DESK - 800-343-7002
609-633-2275
,ENTER "NJ" TO ACCESS:

3) At the TELEVIEW SESSION MANAGER screen, TYPE your USERID ID, PRESS the
TAB Key, TYPE in your PASSWORD, and PRESS ENTER.
(The password will not be visible on the screen.)
4

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE

/''-.

JUDICIARY DATA CENTER
''..
ADMINISTRATIVE OFFICE OF THE COURTS
/
N
''.
INFORMATION TECHNOLOGY OFFICE
/
E
|
''.
W
/
TELEVIEW SESSION MANAGER
/
|
|
J
(..
''\
E
'':
\
R
|
) S
/
USERID
Your User Id (PDxxx)
./''
E
|
PASSWORD
Your Password
.-''
Y
|
NEW PASSWORD
|
/
VERIFY NEW PASSWORD
\
JUDICIARY /
\..
..'' ENTER
= PROCESS
"""
./
PF2
= TIME AND DATE
HELP DESK
| ./
PF3 OR PA1 = EXIT
==============
/ /
PF4
= DISPLAY TERMINAL ID
1-800-343-7002
''"
PF5
= REFRESH SCREEN
1-609-633-2275
/

5

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE

4) At the TELEVIEW SESSION MANAGER screen, look for “FACTS, DVCR & JUV REG”
and PRESS the appropriate key to select the option.
(Note: The option may be a different number on your menu.)
1/28/02 MON
JUDICIARY DATA CENTER
NETID: TNB00345
03:42:52 PM
TELEVIEW SESSION MANAGER
USRID: PDTRN10
-------------------------------------------------------------------------MODEL: 3270-2/2E
ESC: ATTN
CMDCHR: .
REGID: 019F
CHOOSE SYSTEM NUMBER OR PFKEY FOR VIEWING:
SYSTEM
APPLICATION STATUS
REMARKS / DESCRIPTION
------------- ----------------------------- -------------------------1 IDMS CV1
AVAILABLE
CV1 - TRAINING RELEASE 12
2 EMAIL
AVAILABLE
ELECTRONIC MAIL
3 RMDS/FM
AVAILABLE
FACTS REPORTS
4 IDMS V17
AVAILABLE
FACTS, DVCR & JUV REG
PA1 = UP

PA2 = DOWN

CLEAR = MSG

LOGOFF ALL = EXIT

5) The Central Registry Menu will display.
PRESS PF1 to access the DOMESTIC VIOLENCE CENTRAL REGISTRY
FMM1920

FAMILY AUTOMATED CASE TRACKING SYSTEM
CENTRAL REGISTRY MENU

01/28/02
15:13
PF

USER ID:
PF1

- DOMESTIC VIOLENCE CENTRAL REGISTRY

PF2

- JUVENILE CENTRAL REGISTRY

FM905739 PLEASE DEPRESS PF KEY TO PROCESS FUNCTION

NOTE: Please be aware that the FACTS installation dates for the counties varied. Cases that
occurred before 1992 may not be in the system. Many cases with active orders prior to 1992
have been entered by county DV staff.

6

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE

II
DEFENDANT AND VICTIM
SEARCH

7

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE

II. DEFENDANT AND VICTIM SEARCH
The following procedure describes how to search for a Defendant or Victim in the
Central Registry.
1) On the PARTY NAME SEARCH screen choose the most accurate information you have on
the party and use it for the search:
NAME (Primary method of searching) Full or partial last name may be used. (If a
partial last name is used, no first name may be used.) Full or partial first name may be
used with a full last name.
SBI #

State Police Bureau of Identification #.

SSN

Social Security Number. (See note below)

CDR #

Warrant # or Summons #.

PARTY ID

FACTS-generated Identifying Number.

(See Appendix I for tips on searching names).
FMM1900
PAGE: 0001
LAST NAME:
SBI #:
S

PARTY NAME

DOMESTIC VIOLENCE CENTRAL REGISTRY
PARTY NAME SEARCH
SSN:

05/01/01
16:19
PF

FIRST NAME:
MIDDLE INIT:
CDR #:
0000 000000 0000 PTY ID:
DV PARTY ID

BIRTH DATE

RACE

SEX CTY ALIAS

FM906738 ENTER SEARCH INFORMATION AND PRESS PF1
PF1=PARTY SEARCH
PF11=REFRESH

NOTE: Social Security Number (SSN) searches will return ALL parties that claimed to be
associated with that social security number who have had contact with the Family Court. A
party or parties may display that have NO domestic violence record. Conversely, a party may
have a domestic violence record and not display in a SSN search. SSN and SBI numbers must
not be the primary or sole method of searching. Parties that display after an SSN search can
not be assumed to be a party to any incident unless they show a D and/or V indication and can
be selected.
8

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE
2) Enter the search criteria and PRESS PF1 PARTY SEARCH.
A list of names that meet the search criteria will be displayed.
FMM1900
PAGE: 0001

DOMESTIC VIOLENCE CENTRAL REGISTRY
PARTY NAME SEARCH

LAST NAME: MARINNIA
SBI #:
SSN:
S

PARTY NAME
MARINNIA ABRAHAM
MARINNIA CINDI
SMITH CINDI
MARINNIA EBONEY
MARINNIA EBONEY
MARINNIA ELANOR
MARINNIA JON
MARINNIA JON
MARINNIA KURT L
MARRINIA LUKES K
MARINNIA MARKUS
MARINNIA MARLONE

FIRST NAME:
CDR #:
DV
D

MIDDLE INIT:
PTY ID:

PARTY ID
BIRTH DATE RACE
M 0133530 10 17 1981 HISPANIC

V
V
V
D
D
D

S
M
M
M
M
M

0108609
0028203
0028203
0095140
0021419
0020817

V
D
V

M 0185816
M 0097333
M 0097343

07
09
09
08
03
03

23
23
23
17
09
09

08/16/00
13:37
PF

1988
1978
1978
1950
1970
1970

CAUCASIAN
CAUCASIAN
CAUCASIAN
BLACK
BLACK
BLACK

03 20 1974
06 07 1964
01 10 1989

CAUCASIAN
UNKNOWN

SEX CTY ALIAS
M MER ***
MAIDE
M ATL ***
F BUR
F CAM
F MER
M MON
M ATL
NICKN
F MER ***
M HUD
M PAS

PF2=CASE LIST
PF3=VICTIM SEARCH
PF4=ACTIVE ORDER CHECK
PF5=UNDOCKETED TRO SEARCH
PF7=BACKWARD PF8=FORWARD
PF9=ALIAS PF11=REFRESH

3) Party Information.
a) Dockets In More Than One County. The Party’s name will be listed once for each
county in which they have a case. The Party ID, (a FACTS generated ID number)
should be the same for each listing. Selecting any of the entries will yield a list of
all cases in all counties for that party. (e.g., Eboney Marinnia above.)
If the party has different Party IDs each will display separate information. You
must check the party’s information under the extra Party ID number. (e.g. Jon
Marinnia above)
b) Defendant or Victim? Each party will have one of the following under the DV column
indicating whether they were a Defendant, Victim, or both.
D
V
DV

Defendant
Victim
Both Victim and Defendant.

9

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE

c) Alias Indicator. If the party has an alias in FACTS, one of the following indicators
will display:
***
AKA
NICKN
MAIDE
MISSP
RESUM
COURT

Indicates the Party has one or more alias (see PF9 below.)
Name is an Also Known As. True name is listed on next line.
Name is a Nickname. True name is listed on next line
Name is a Maiden Name. True name is listed on next line
Name was misspelled at some point in the records.
Party has resumed a Maiden Name.
Court Misspelling of Name.

4) To view the additional Alias listing, select a name with *** indicator and PRESS PF9
ALIAS.
All other alias names in FACTS attached to this party will be displayed with VENUE and
DESCRIPTION OF ALIAS. PRESS CLEAR to exit this window.
FMM1900
PAGE: 0001

DOMESTIC VIOLENCE CENTRAL REGISTRY
PARTY NAME SEARCH

02/14/01
10:58
PF

LAS +--------------------------------------------------------------+
| FMM1907 FAMILY AUTOMATED CASE TRACKING SYSTEM
PAGE:
1 |
|
ALIAS LISTING
|
S
|
NAME: SMITH CINDI
PARTY ID: S0108609
|CTY ALIAS
| VEN
ALIAS
DESCRIPTION
| ATL
s
| ATL
MARGOLIS CINDI
NICKNAME
| ATL ***
| ATL
MARINNIA CINDI
MAIDEN NAME
| ATL
| ATL
MULGREW KATE
A/K/A
| ATL
| ATL
MARINNIA CINDY
COURT SPELLI
| ATL
| ATL
MARRANA SINDY
MISSPELLING
| CAM
| BUR
MUDRUCKER CINDI
RESUME MAIDE
|
| BUR
MUDRUCKER SINDEE
A/K/A
|
|
|
+--------------------------------------------------------------+
|
PF7=BWD PF8=FWD CLEAR=EXIT
|
+--------------------------------------------------------------+
PF2=CASE LIST
PF3=VICTIM SEARCH
PF5=UNDOCKETED TRO SEARCH
PF7=BACKWARD PF8=FORWARD

PF4=ACTIVE ORDER CHECK
PF9=ALIAS PF11=REFRESH

5) To search another name, PRESS CLEAR to exit window, and PRESS PF11 REFRESH to
reset screen and proceed as above.

10

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE

III
DOMESTIC VIOLENCE INFORMATION

11

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE

III. DOMESTIC VIOLENCE INFORMATION
A. VICTIM SEARCH
Displays a list of cases in which the party was a victim, with the name of the defendant for each
docket.
1) From the PARTY NAME SEARCH screen, SELECT (S) a Victim (V) and PRESS PF3
VICTIM SEARCH.
FMM1900
PAGE: 0001

DOMESTIC VIOLENCE CENTRAL REGISTRY
PARTY NAME SEARCH

LAST NAME: MARINNIA
SBI #:
SSN:

08/16/00
13:37
PF

FIRST NAME:
MIDDLE INIT:
CDR #:
0000 000000 0000 PTY ID:

S

PARTY NAME
MARINNIA ABRAHAM
MARINNIA CINDI

DV
D

S

SMITH CINDI
MARINNIA EBONEY
MARINNIA EBONEY
MARINNIA ELANOR
MARINNIA JON
MARINNIA JON
MARINNIA KURT
L
MARRINIA LUKES K
MARINNIA MARKUS
MARINNIA MARLONE

V
V
V
D
D
D
V
D
V

PARTY ID
M 0133530

BIRTH DATE
10 17 1981

RACE
HISPANIC

S 0108609 07 23 1988 CAUCASIAN
M 0028203 09 23 1978 CAUCASIAN
M 0028203 09 23 1978 CAUCASIAN
M 0095140 08 17 1950 BLACK
M 0021419 03 09 1970 BLACK
M 0020817 03 09 1970 BLACK
M 0185816
M 0097333
M 0097343

03 20 1974
06 07 1964
01 10 1989

CAUCASIAN
UNKNOWN

SEX CTY ALIAS
M MER ***
MAIDE
M
F
F
F
M
M
F
M
M

ATL ***
BUR
CAM ***
MER
MOR
ATL
NICKN
MER ***
HUD
PAS

PF2=CASE LIST
PF3=VICTIM SEARCH
PF4=ACTIVE ORDER CHECK
PF5=UNDOCKETED TRO SEARCH
PF7=BACKWARD PF8=FORWARD PF9=ALIAS PF11=REFRESH

12

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE

The VICTIM-DEFENDANT NAME LIST screen displays.
FMM1905
PAGE: 0001

DOMESTIC VIOLENCE CENTRAL REGISTRY
VICTIM - DEFENDANT NAME LIST

VICTIM LAST NAME: SMITH

S
S

DEFENDANT NAME
MARINNIA JON

FIRST NAME: CINDY

8/16/00
13:16
PF

MIDDLE INIT:

DOCKET NUMBER
PARTY ID BIRTH DATE RACE
MER FV 001677 94 M 0020817 03 09 1970 BLACK

PF2=CASE LIST

2) To access the Defendant Case List, SELECT (S) the Defendant and PRESS PF2 CASE
LIST.
More information about the defendant case list follows.

13

SEX
M

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE
B. DEFENDANT SEARCH
Use the Defendant’s information to quickly check for any active restraining orders or to
go to the Defendant’s case list to see a history of their DV cases.
1) To check for active Restraining orders: From the PARTY NAME SEARCH screen
SELECT (S) the Defendant (D) and PRESS PF4 ACTIVE ORDER CHECK.
Several messages may be displayed:
The messages “ACTIVE RESTRAINING ORDER EXISTS - SEE CASE LIST” or “NO
ACTIVE RESTRAINING ORDERS” will display for NJ orders.
If an Out of State DV Order has been registered, the message will read “REGISTERED
ORDER EXISTS (EXPIRATION XX/XX/XXXX) - SEE CASE LIST”.
If the Out of State DV Order has no expiration date, the message “REGISTERED
ORDER EXISTS (NO EXPIRATION DATE) - SEE CASE LIST” will display.
If more than one Out of State Order has been registered, the message “MULTIPLE
REGISTERED ORDERS EXIST - SEE CASE LIST FOR DETAILS” will display.
If both NJ and Out of State Orders are found, the message “ACTIVE AND
REGISTERED ORDERS EXIST - SEE CASE LIST” will display.

NOTE: This function is not a full look-up, but a quick check of the defendant. If an active
or registered order is found, the user must then continue the process by pressing PF2 to
view the case list. If a Victim (V) is selected, this function will not return restraining order
information on the defendant. The Defendant (D) must be selected.

14

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE

3) To view the Case List for the Defendant: From the PARTY NAME SEARCH screen,
SELECT (S) the Defendant (D) and PRESS PF2 CASE LIST.
If the person does not appear on the list, check a list of TROs that have been entered in
the on-line system, but have not yet been docketed by Family Court.

FMM1900
PAGE: 0001

DOMESTIC VIOLENCE CENTRAL REGISTRY
PARTY NAME SEARCH

LAST NAME: MARINNIA
SBI #:
SSN:

S

S

PARTY NAME
MARINNIA ABRAHAM
MARINNIA CINDI
SMITH CINDI
MARINNIA EBONEY
MARINNIA EBONEY
MARINNIA ELANOR
MARINNIA JON
MARINNIA JON
MARINNIA KURT L
MARRINIA LUKES K
MARINNIA MARKUS
MARINNIA MARLONE

FIRST NAME:
CDR #:

DV
D

08/16/00
13:37
PF

MIDDLE INIT:
PTY ID:

PARTY ID
M 0133530

BIRTH DATE
10 17 1981

RACE
HISPANIC

V
V
V
D
D
D

S
M
M
M
M
M

07
09
09
08
03
03

1988
1978
1978
1950
1970
1970

CAUCASIAN
CAUCASIAN
CAUCASIAN
BLACK
BLACK
BLACK

M
F
F
F
M
M

V
D
V

M 0185816
M 0097333
M 0097343

03 20 1974
06 07 1964
01 10 1989

CAUCASIAN
UNKNOWN

F
M
M

0108609
0028203
0028203
0095140
0021419
0020817

23
23
23
17
09
09

SEX CTY ALIAS
M MER ***
MAIDE
ATL ***
BUR
CAM ***
MER
MOR
ATL
NICKN
MER ***
HUD
PAS

PF2=CASE LIST
PF3=VICTIM SEARCH
PF4=ACTIVE ORDER CHECK
PF5=UNDOCKETED TRO SEARCH
PF7=BACKWARD PF8=FORWARD
PF9=ALIAS
PF11=REFRESH

15

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE
C.

UNDOCKETED TRO SEARCH

Many police agencies including the State Police now use e-TRO to record complaints and TROs
granted after hours, weekends and holidays. The PARTY LIST screen displays the ability to
search these TROs using the function key, PF5 - UNDOCKETED TRO SEARCH.
1) PRESS PF5, without selecting a person from the party name search list to perform this
search. The system will use the criteria already entered and search for a TRO for the person. If
any TROs are found with that name as plaintiff or defendant, the names will appear on this
screen.

FMM1908
PAGE: 0001

DOMESTIC VIOLENCE CENTRAL REGISTRY
UNDOCKETED TRO LIST

02/27/02
15:31
PF

LAST NAME: MARINNIA
FIRST NAME:
MIDDLE INIT:
-----------------------------------------------------------------------------PARTY NAME
CASE RELATN
BIRTH DATE
RACE
SEX CTY SERVICE DT
---------------------------------- ----------- --- —-- ---------MARINNIA ALBERT
MARINNIA JACKIE
MARINNIA COLAN
MARINNIA ANNA
MARINNIA JESSIE
MARINNIA BARBARA
MARINNIA LARRY
BENNINGS ELIZABETH
* MARINNIO JACK
MARINNIO BETTY

DEFENDANT
PLAINTIFF
DEFENDANT
PLAINTIFF
DEFENDANT
PLAINTIFF
DEFENDANT
PLAINTIFF
DEFENDANT
PLAINTIFF

09
09
02
06
10
01
08
09
10
01

01
03
04
09
15
01
07
27
15
01

TRO FOUND FOR DEFENDANT NAME ENTERED
* = TRO DENIED
PF7=BACKWARD

1952
1971
1954
1980
1969
1987
1988
1981
1969
1987

CAUCASIAN

M
F
ALASKAN NAT M
F
CAUCASIAN
M
F
CAUCASIAN
M
F
CAUCASIAN
M
F

BER
BER
ATL
ATL
SOM
SOM
ATL
ATL
SOM
SOM

PF8=FORWARD

If an asterisk (*) appears in front of the defendant name, the TRO was denied by the municipal
court judge on duty at the time of complaint.
The purpose of this screen is to prevent duplicate TRO entry by law enforcement. It will not
show any granted reliefs.
If a defendant is selected from the party search list and PF2 is pressed,
16

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE

the DEFENDANT CASE LIST screen displays.
FMM1901
PAGE: 0002

DOMESTIC VIOLENCE CENTRAL REGISTRY
FACTS DEFENDANT CASE LIST

03/13/07
13:18
PF

PARTY ID: M 0020817
DEFENDANT NAME: MARINNIA
JON
SBI#: 113000A DOB: 03 09 1960 SSN: 111-11-1111 DL#:
:
JAIL STATUS:IN JAIL
COMMITMENT DATE: 11/23/07
OCEAN
DOCKET NUMBER: OCN FO 000946 99 FP:Y
IND#: 990600544I
VICTIM: JOYNER
TRACI

CASE STATUS/DATE: GUILTY
ORIGINAL DOCKET #:
FV-03-001668-99

DOCKET NUMBER: ATL FO 000319 99 FP:
CDR#: W 1999 001598 0101
VICTIM: JOYNER
TRACI

CASE STATUS/DATE: DISMISSED 10 31 1999
ORIGINAL DOCKET #:
FV-03-001668-99

DOCKET NUMBER: ATL FO 000046 99 FP:
CDR#: MULTIPLE CDR
VICTIM: JOYNER
TRACI

CASE STATUS/DATE: DISMISSED 05 23 1999
ORIGINAL DOCKET #:
FV-03-001668-99

DOCKET NUMBER: ATL FV 001668 99 FP:
MUNI: 0101 ABSECON TOWNSHIP
VICTIM: JOYNER
TRACI

ORDER STATUS/DATE: ACTIVE/FRO
TRO ISS/SERVED: 04 18 1999 /
FRO ISS/SERVED: 05 08 1999 / 05 11 1999

PF1=P/G SBI SEARCH

PF3=JAIL HELP

PF7=BACKWARD

PF8=FORWARD

11 23 1999

PF10=CASE DETAIL

Defendant Information:
PARTY ID
SBI #
DOB
SSN
DL#
JAIL STATUS
COMMITMENT/DISCHARGE DATE
COUNTY

FACTS Identifying ID Number.
State Police Bureau of Identification #
Date of Birth
Social Security #
Drivers License # with state
In Jail or Discharged.*
Date Committed to/Discharged from County Jail
County Jail where Committed/Discharged.

(* Jail Status will display only for those parties whose County Jail and Family
records have been linked using the FAMJAIL system.)

17

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE
D. FV CASE INFORMATION
FV cases are created when a victim asks for a DV Restraining Order or registers an Out
of State Restraining Order.
1) On the DEFENDANT CASE LIST, the following information displays for FV cases:
DOCKET NUMBER
County, Docket Type, Number, Court Year
FP
Fingerprint Indicator, Y or blank
ORDER STATUS/DATE
Case Status and Status Date
MUNI
Municipality where act of DV took place (State
will display for Registered Foreign Orders)
TRO ISS/SERVED
TRO issued date / Proof of Service date
FRO ISS/SERVED
FRO issued date / Proof of Service date
VICTIM
Victim Name
The most important information is the Order Status. Orders with a Status of “ACTIVE”
are in effect and enforceable. A Status of “DISMISSED” indicates the order is no longer in
effect and the provisions of the order are no longer enforceable. An Order Status of
“REGISTERED” indicates a Restraining Order from another state which has been registered in
New Jersey. Whereas NJ orders do not expire, the orders from most other states are not
permanent and have an expiration date. You must check the expiration date to determine if the
expiration date has passed, which would make the order void.
FMM1901
DOMESTIC VIOLENCE CENTRAL REGISTRY
03/13/07
PAGE: 0002
FACTS DEFENDANT CASE LIST
13:18
PARTY ID: M 0020817
DEFENDANT NAME: MARINNIA
JON
SBI#: 113000A DOB: 03 09 1960 SSN: 111-11-1111 DL#:
:
JAIL STATUS:IN JAIL
COMMITMENT DATE: 11/23/07
OCN
DOCKET NUMBER: OCN FO 000946 99 FP:Y CASE STATUS/DATE: GUILTY
11 23 1999
IND#: 990600544I
ORIGINAL DOCKET #:
VICTIM: JOYNER
TRACI
FV-03-001668-96
DOCKET NUMBER: ATL FO 000319 99 FP:
CASE STATUS/DATE: DISMISSED 10 31 1999
CDR#: W 1999 001598 0101
ORIGINAL DOCKET #:
VICTIM: JOYNER
TRACI
FV-03-001668-96
DOCKET NUMBER: ATL FO 000046 99 FP:
CASE STATUS/DATE: DISMISSED 05 23 1999
CDR#: MULTIPLE CDR
ORIGINAL DOCKET #:
VICTIM: JOYNER
TRACI
FV-03-001668-96
S DOCKET NUMBER: ATL FV 001668 99 FP:
ORDER STATUS/DATE: ACTIVE/FRO
MUNI: 0325 MOUNT LAUREL TOWNSHI
TRO ISS/SERVED: 04 18 1999 /
VICTIM: JOYNER
TRACI
FRO ISS/SERVED: 05 08 1999 / 05 11 1999
PF1=P/G SBI SEARCH

PF3=JAIL HELP

PF7=BACKWARD

18

PF8=FORWARD PF10=CASE DETAIL

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE
2) To see a list of reliefs granted for the case, SELECT (S) the case and PRESS PF10 CASE
DETAIL.
A list of reliefs addressed by the order is displayed.
Reliefs for TRO's are preceded by an E (Emergent).
Reliefs for FRO’s preceded by an F (Final).
Example of a New Jersey Final Restraining Order:
FMM1911
F
F
F
F
F
F
F

-

DOMESTIC VIOLENCE CENTRAL REGISTRY
RESTRAINING ORDER RELIEFS GRANTED
PROHIBITION AGAINST FUTURE ACT OF DV
EXCL POSS RESIDENCE TO PLA / ALT HOUSEHOLD
PROHIBITION AGAINST CONTACT W/ VICTIM
PROHIB AGAINST CONTACT W/ FAMILY HOUSEHOLD
PROHIB AGAINST HARASSING COMMUNICATIONS
LAW ENF ACCOMPANIMENT TO SCENE / RESIDENCE
IN HOUSE RESTRAINTS

PAGE: 0001

PF7/BWD PF8/FWD CLEAR/PREV

Example of a Registered Out of State Order:
FMM1911

DOMESTIC VIOLENCE CENTRAL REGISTRY
RESTRAINING ORDER RELIEFS GRANTED
RO EXPIRES 12 MONTHS
EXPIRATION DATE 03/16/2001
F - PROHIBITION AGAINST FUTURE ACT OF DV
F - EXCL POSS RESIDENCE TO PLA / ALT HOUSEHOLD
F - PROHIBITION AGAINST CONTACT W/ VICTIM
F - PROHIB AGAINST CONTACT W/ FAMILY HOUSEHOLD
F - PROHIB AGAINST HARASSING COMMUNICATIONS
F - LAW ENF ACCOMPANIMENT TO SCENE / RESIDENCE
F - IN HOUSE RESTRAINTS

PF7/BWD PF8/FWD CLEAR/PREV

19

PAGE: 0001

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE
E. FO CASE INFORMATION
FO docket type cases arise from allegations that a DV restraining order (TRO or FRO)
has been violated.
1) On the DEFENDANT CASE LIST the following information displays for FO cases:
DOCKET NUMBER
CASE STATUS/DATE
CDR #
IND#
ORIGINAL DOCKET #
VICTIM

County, Docket Type, Number, Court Year
Case Status and Status Date
Complaint # - Summons or Warrant
Indictment Number
Docket # for originating FV case
Victim's name

A Case Status of “GUILTY” indicates that the Defendant was found or pled guilty to
violating the restraining order. A Case Status of “DISMISSED” indicates the Defendant was
found Not Guilty of having violated the order or the case was dropped. “PENDING” cases are
cases that have not yet gone to trial. See Appendix II for a list of possible Case Statuses.
FMM1901
PAGE: 0002

DOMESTIC VIOLENCE CENTRAL REGISTRY
FACTS DEFENDANT CASE LIST

03/13/07
13:18
PF

PARTY ID: M 0020817
DEFENDANT NAME: MARINNIA
JON
SBI#: 113000A DOB: 03 09 1960 SSN: 111-11-1111 DL#:
:
JAIL STATUS:IN JAIL
COMMITMENT DATE: 11/23/07
OCN
DOCKET NUMBER: OCN FO 000946
IND#: 990600544I
VICTIM: JOYNER
DOCKET NUMBER: ATL FO 000319
CDR#: W 1999 001598 0101
VICTIM: JOYNER

99 FP: CASE STATUS/DATE: GUILTY
ORIGINAL DOCKET #:
TRACI
FV-03-001668-96
99 FP: CASE STATUS/DATE: DISMISSED
ORIGINAL DOCKET #:
TRACI
FV-03-001668-96

S DOCKET NUMBER: ATL FO 000046 99 FP: CASE STATUS/DATE: GUILTY
CDR#: MULTIPLE CDR
ORIGINAL DOCKET #:
VICTIM: JOYNER
TRACI
FV-03-001668-96

11 23 1999

10 31 1999

05 23 1999

DOCKET NUMBER: ATL FV 001668 96 FP: ORDER STATUS/DATE: ACTIVE/FRO
MUNI: 0325 MOUNT LAUREL TOWNSHI
TRO ISS/SERVED: 04 18 1999 /
VICTIM: JOYNER
TRACI
FRO ISS/SERVED: 05 08 1999 / 05 11 1999
PF1=P/G SBI SEARCH

PF3=JAIL HELP

PF7=BACKWARD

20

PF8=FORWARD PF10=CASE DETAIL

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE
2) To see a list of the charges in case: Select (S) the FO case and PRESS PF10 CASE
DETAIL.
A list of charges displays. The result for each charge displays directly below the charge.
FMM1912

DOMESTIC VIOLENCE CENTRAL REGISTRY
CONTEMPT CHARGES LIST
CDR#:W 1999 001227 0101
PRIMARY STATUTE-DESCRIPT
/ AUX.STATUTE DESCR
2C:29-9B-CONTEMPT-DV
/
JAIL TERM
006 MONTH
TO BE SERVED
2C:12-1B(8)-AGGRAVATED ASSAULT /
DISMISSED
2C:14-2A-AGGRAVATED SEXUAL ASS /
JAIL TERM
006 MONTH
TO BE SERVED
2C:14-2B-SEXUAL ASSAULT
/
COUNSELING
PF8=FWD CLEAR=PREV

PAGE: 0001

DEGR DATE
D 05 23 99
3

05 23 99

1

05 23 99

2

05 23 99

If the case has multiple CDR #s or multiple IND #s, a notation displays showing which
CDR or IND you are viewing. PRESS PF6 to view the next CDR/IND.
FMM1912

DOMESTIC VIOLENCE CENTRAL REGISTRY
CONTEMPT CHARGES LIST
CDR#: W 1999 001228 0101
PRIMARY STATUTE-DESCRIPT
/ AUX.STATUTE DESCR
2C:29-9B-CONTEMPT-DV
/
PENDING
006 MONTH
TO BE SERVED
2C:12-1A-SIMPLE ASSAULT
/
FINE
2C:33-4C-HARASSMENT-PHYSICAL/V /
CHARGE DISMISSED
PF6=N CDR

CLEAR=PREV

PAGE: 0001

DEGR DATE
D 05 23 99
D

05 23 99

P

05 23 99

MULT CDR 01 OF 02

If the case has an indictment number, that number will appear at the top of the screen.
FMM1912

DOMESTIC VIOLENCE CENTRAL REGISTRY
CONTEMPT CHARGES LIST

PAGE: 0001

IND#:990900544I
PRIMARY STATUTE-DESCRIPT
/ AUX.STATUTE DESCR
2C:29-9B-CONTEMPT-DV
/
JAIL TERM
006 MONTH
TO BE SERVED
2C:12-1B(8)-AGGRAVATED ASSAULT /
DISMISSED
2C:14-2B-SEXUAL ASSAULT
/
COUNSELING
PF8=FWD CLEAR=PREV

21

DEGR DATE
4 09 21 99
3

09 21 99

2

09 21 99

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE
F. P/G AND ACS HISTORY
Displays the Defendant’s court history from P/G (Promis/Gavel - the Superior Court
Criminal information system) and ACS (Automated Complaint System- the Municipal Court
Criminal information system). The cases displayed give general information about a party’s
court record and may or may not be related to their DV cases. This function will only work
when SBI # is displayed on the defendant case list.
1) From the DEFENDANT CASE LIST screen PRESS PF1 P/G HISTORY.
(Note if no Promis/Gavel information is found, the system will skip to the ACS display)
The following information displays:
DEFENDANT NAME
Name of Defendant
SBI#
State Police Bureau of ID #
FP IND
“Y” or blank. Indicates SBI# was approved
by State Police.
COUNTY
County where case originated
CASE #
PG case number
CRIME TYPE
Description of charge
IND/ACC #
Indictment/Accusation #
DEFN STATUS/DATE
Case Status and Date
SENT DATE
Date Sentenced
DISP DATE
Date case was disposed
ACTION
Sentence
REASON
Reason for Sentence
FMM1903
PAGE:

DOMESTIC VIOLENCE CENTRAL REGISTRY
PROMIS/GAVEL DEFENDANT CASE LIST

DEFENDANT NAME: MARINNIA
JON
SBI #:113000A
FP IND: Y
D-O-B: 03 09 1960
RACE: W
SEX:M
COUNTY CASE #:9800051
CRIME TYPE: ASSAULT
IND/ACC #: 98-12-0015-I
ATL DEFN STATUS/DATE:ACTIVE/NON-FUGITIVE 02 10 1998 SENT DATE:
DISP DATE:03 09 1998
ACTION:GT
REASON: GUILTY PLEA AS CHARGED
DEFENDANT NAME: MARINNIA
JON
K
SBI #:113000A
FP IND: Y
D-O-B: 03 09 1960
RACE: W
SEX:M
COUNTY CASE #:9700265
CRIME TYPE: NARCOTICS
IND/ACC #: 97-06-00132-I
OCN DEFN STATUS/DATE:PTI DIVERSION
02 01 1997 SENT DATE:
DISP DATE:08 10 1997
ACTION:DM
REASON:PTI COMPLETION
PF1=ACS SBI SEARCH

PF7=BACKWARD

For more detailed information refer to the P/G Inquiry Guide.

22

PF8=FORWARD

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE
2) From the PROMIS/GAVEL DEFENDANT CASE LIST PRESS PF1 MUNICIPAL
HISTORY to see the Defendant's Municipal Court History in the Automated Complaint System
(ACS),
The following information displays:
SBI#
State Police Bureau of ID #
DV IND
“Y” or blank. Domestic Violence Indicator
# CHRGS
Number of Charges on the CDR.
DESC
Description of the Most Severe Charge
STATUS/FINDING Status of Complaint/Finding of Court
OFFN DATE
Date of Alleged Crime
DISP DATE
Date disposition of case was determined.
FMM1904
PAGE: 0001

DOMESTIC VIOLENCE CENTRAL REGISTRY
ACS DEFENDANT COMPLAINT LIST

03/19/07
14:47

DEFENDANT NAME: MARINNIA
JON
SBI #:113000A
FP:
DV IND: Y
DOB: 03 09 1960
RACE: W
SEX: M
COMPLAINT NO:W 2001 000036 0104 # CHRGS: 002 DESC: AGGRAVATED ASSA
COMPL STATUS/FINDING: WARRANT /
OFFN DATE: 02 02 2001 DISP DATE:
** OUTSTANDING WARRANT **
DEFENDANT NAME: MARINNIA
JON
SBI #:113000A
FP:
DV IND: Y
DOB: 03 09 1960
RACE: W
SEX: M
COMPLAINT NO.:W 2000 001163 0104 # CHRGS: 002 DESC: CRIMINAL MISCHF
COMPL STATUS/FINDING: DISPOSED / GUILTY
OFFN DATE: 06 07 2000 DISP DATE: 08 09 2000
DEFENDANT NAME: MARINNIA
JON
SBI #:113000A
FP:Y
DV IND: Y
DOB: 03 09 1960
RACE:W
SEX:M
COMPLAINT NO.:W 1999 980325 0104 # CHRGS: 006 DESC: ASSAULT W/ INT
COMPL STATUS/FINDING: TRANSFERED / DISPOSED AT SUPERIOR COURT
OFFN DATE:01 02 1999 DISP DATE:10 13 1999
DEFENDANT NAME: MARINNIA
JON
SBI #:113000A
FP:
DV IND:
DOB: 03 09 1960
RACE:W
SEX:M
COMPLAINT NO.:W 1996 380325 0104 # CHRGS: 003 DESC:CAUSING OR RISK
COMPL STATUS/FINDING: TPAY / COND DISCHARGE
OFFN DATE:02 07 1996 DISP DATE:07 02 1996

PF7=BACKWARD

PF8=FORWARD

CLEAR=PRIOR SCREEN

For more detailed information, refer to the ACS Inquiry Guide.

23

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE

APPENDIX

24

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE

APPENDIX
TIPS FOR SEARCHING NAMES IN FACTS
1) Start with a narrow search. Start the search using a unique identifier or full name.
This narrows the search and will save you time if you find the party.
- SSN # or PARTY ID.
- Full Name.
2) Jr, Sr, III, ... at bottom of list. The FACTS database is arranged such that Jr, Sr
etc. are listed after all names that do not have one of these appendages. (e.g. - Al
Smith Jr will be listed below Zeb Smith.)
3) Search according to Data Entry Standards
Data Entry Standards specify the correct way to enter data into FACTS.
- No punctuation. Use space where hyphens or apostrophes would be.
- Spaces before capitals in middle of names.
IF THE NAME IS:
William Renn III
Susan Helig-Meyers
Pat O’Brien
Jack McNealy
John A. Smith Jr.

ENTERED AS:
Renn III
William
Helig Meyers Susan
O Brien Pat
Mc Nealy Jack
Smith Jr John A

4) Try Variations. The Data Entry Standards may not have been followed or there may
have been spelling variations. Even common names sometimes have spelling
variations.
If you don’t find:
Try:
O Brien
O’Brien
Obrien
John
Jon
Helig Meyers
Helig-Meyers
Smith Jr
John
Smith John
5) Broaden the search.
- Use only partial first name
- Try last name only
- Try partial last name

25

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE
APPENDIX II ORDER AND CASE STATUS DESCRIPTIONS
Domestic Violence (FV)
ACTIVE
DISMISSED
ACTIVE/RO
ACTIVE/FRO
ACTIVE/TRO EXT
ACTIVE/AMD TRO
ACTIVE/AMD FRO
REGISTERED

TRANSFER

New Case - no result at this time
No restraining order in effect
Restraining order in effect
Final Restraining Order in effect
Temp Restraining Order in effect - Extended Indefinitely
Amended Temporary Restraining Order in effect
Amended Final Restraining Order in effect
A Restraining Order from another state has been registered in NJ.
(User must check expiration date to determine if order is still in
effect.)
Case has been transferred to another county. (User must view other
county’s case to determine case status.)

Domestic Violence Contempt (FO)
GUILTY
DISMISSED
ON HOLD
PENDING

Defendant found or pleads guilty
Defendant not found guilty - case dismissed
Case cannot proceed
Case has not yet gone to trial

26

ADMINISTRATIVE OFFICE OF THE COURTS
DVCR GUIDE
CONTACTS
For questions regarding either of the registries, please call the Judiciary Problem Reporting Desk
at (609) 633-2275 or (800) 343-7002. They will contact an analyst who will answer your
questions and address your needs.
All Law Enforcement officers having access to the Domestic Violence Central Registry will also
have access to the Juvenile Central Registry.
Any new requests to access either system will be granted access to both registries.

COUNTY CODES
01
02
03
04
05
06
07
08
09
10

ATLANTIC
BERGEN
BURLINGTON
CAMDEN
CAPE MAY
CUMBERLAND
ESSEX
GLOUCESTER
HUDSON
HUNTERDON

11
12
13
14
15
16
17
18
19
20
21

27

MERCER
MIDDLESEX
MONMOUTH
MORRIS
OCEAN
PASSAIC
SALEM
SOMERSET
SUSSEX
UNION
WARREN

APPENDIX
DOMESTIC VIOLENCE CHECK LIST FOR LAW ENFORCEMENT OFFICERS
Primary Investigation Guidelines
Obtaining TRO’s
Note and record any excited
utterances by any party
Note any evidence of
substance/chemical abuse
Advise victim of domestic violence
rights
Assist victim in completing Victim
Notification Form
Advise victim of available resources
Assist victim in obtaining temporary
domestic violence restraining order

1. Upon Arrival at Scene
‘
Determine location and condition of
victim
‘
Determine if suspect is still as scene
‘
Check well being, physical condition
of all parties
‘
Determine what, if any, criminal
offense has occurred
‘
Determine if any weapon was
involved
‘
Summon first aid if injuries require

‘

2. Preliminary Investigation
‘
Interview victim & suspect
separately
‘
Ask victim if there is a history of
abuse
‘
If children at scene, interview them
separately
‘
Distinguish primary aggressor from
victim, if both parties injured
T
Comparative extent of
injuries suffered
T
History of domestic violence
T
The nature and type of
wounds [injury associated
with defendant oneself[
T
Other relevant factors
T
Keep in mend that a person
has a right to defendant self if
attacked by another
‘
Note & document emotional &
physical condition of parties
involved
‘
Note demeanor of suspect
‘
Note torn clothing of both parties
‘
If victim is a woman, note smeared
make up
‘
Note signs of injury on victim

3. Court Orders
‘
Determine if victim has restraining
order
‘
Was restraining order served on
suspect
‘
Determine if suspect in violation of
court order

‘
‘
‘
‘
‘

4. Arrest
‘
If criteria for mandatory arrest
present, arrest suspect
T
Victim shows signs of injury
caused by an act of domestic
violence
T
A warrant is in effect
T
Defendant has violated a
restraining order
T
Defendant used or threatened
to use a weapon
‘
If probable cause not present for
arrest by officer, advise victim of
right to sign criminal complaint
‘
Record spontaneous statement of
suspect
‘
Prevent communication between
suspect & victim/witness
‘
Record alibi statement of suspect

‘
‘

Advise suspect of rights
Record all statements

5. Evidence
‘
Record condition of crime scene
‘
Photograph damaged property
‘
Photograph crime scene
‘
Identify weapons/firearms
‘
Photograph and diagram injuries of
____victim
____suspect
‘
Obtain statements of
_____victim
_____children
_____witnesses
‘
Collect, protect and document all
physical evidence

6. Medical Treatment
‘
Transport victim to hospital, if
necessary
‘
Obtain copy of EMT report
‘
Obtain medical release from victim,
if appropriate
7. Completing Incident Report
‘
Maintain objectivity in reporting
‘
Avoid personal opinions
‘
Report details, not conclusions
T
Ensure that elements of all involved
criminal offenses are included in
report
T
Describe in detail nature of criminal
offenses involved
T
Document any injuries suffered by
victim
T
Document any injuries suffered by
suspect
T
Document past history of violence
T
Record spontaneous statements as
stated by parties–do not paraphrase
T
Record reasons why weapons were
seized for safekeeping

8. Obtaining TRO When Courts are Closed
‘
Always contact a judge if:
1. an act of DV is alleged
2. the victim is a person protected
under the DV Act; and
3. a TRO is requested
‘
If unsure of the above, contact the
judge [Do not make a legal
determination]
‘
Prior to contacting the judge for a
DV Restraining Order, review the
following:
1. Advise victim that she/he has the
right to request a TRO and file a
criminal complaint.
2. Confirm if victim is requesting a
TRO. Officer cannot request TRO on
behalf of victim.
3. Be sure all victim’s rights forms
are completed.
4. When TRO requested, complete
DV complaint with victim.
5. Explain to victim that she/he will
have to speak with the judge via
telephone. Assist the victim in
preparing a statement to be made to
the judge.
‘
After administering the oath to the
victim, the judge will ask the victim
questions about the incident, the
TRO and the requested relief.
‘
Contact the assigned judge by radio,
telephone or other means of
electronic communication. DO NOT
USE the telephone of one of the
parties.
‘
If mandatory arrest situation, have
bail information available for the
judge. Run CCH on defendant prior
to contacting the judge. Check DV
Registry.
‘
If not mandatory arrest, judge will
decide whether complaint should go
on a warrant or a summons.
‘
Run a multi-state record if
circumstances warrant. A motor

‘

‘

‘

vehicle check may also be helpful as
it may reflect FTA’s which could
have a bearing on the bail decision.
Be prepared to advise the judge of
any prior incidents of domestic
violence which may not appear on
the criminal history [i.e., incident
reports, etc.]
Have TRO ready to complete at the
direction of the judge after the judge
has spoken with the victim. If the
judge issues a TRO, the officer will
be instructed to print the judge’s
name and enter the judge’s
authorization on the TRO.
After the judge issues the TRO,
serve the offender.

9. Violations of Restraining Orders
‘
When an officer determines that a
party has violated an existing TRO
or FRO by committing a new act of
domestic violence or by violating the
terms of the order, the officer should:
1. arrest the offender
2. Sign a criminal complaint charge,
and ll related criminal offenses, on a
complaint-warrant
3. During regular court hours,
telephone the assigned Superior
Court judge, assigned prosecutor or
bail unit and request bail be set At all
other times, follow procedures for
each county and vicinage.
10. Enforcing Out-of-State Restraining or
Protective Orders
‘
Federal law requires out-of-state
restraining and protective orders be
recognized and enforced as if they
were issued by a NJ court.
To determine if out-of-state order is
facially valid the officer should
__Order is considered valid if order
contains names if correct parties, and
order has not expired [Note: NJ and

WA orders do not have expiration
dates], and
__victim states that named defendant
appeared in court or had notice of
order
11. Enforcing Out-of-State Restraining or
Protective Orders in Emergency Situations
‘

‘

‘

If named defendant committed a
criminal offense under NJ law
against victim and violated an outof-state court order, officer should:
__arrest defendant and
__sign criminal complaint
against defendant for criminal
offense committed and cor a
violation of a court order, N.J.S.A.
2c:29-9a.
If named defendant committed no
criminal offense but violated out-ofsate order, officer should
__arrest defendant for a violation of
court order and charge N.J.S.A.
2C:29-9a
If victim does not have copy of outof-state order and officer cannot
determine existence of order or if
court order contains apparent defect
which would cause reasonable
officer to question its authenticity,
officer should
__arrest actor if criteria of NJ
Domestic Violence Act has been
committed, and/or
__explain to victim procedures to
obtain order in NJ

12. Enforcing Out-of-State Restraining or
Protective Orders Non-Emergency
Situations
‘

Where no immediate need for police
action, officer should refer victim to
appropriate court so victim may seek
relief in accordance with out-of-state
court order

13. Violations of Federal Law
‘
Officer should determine if
defendant violated federal law in
committing act of domestic violence
‘
Interstate Domestic Violence
__Did defendant cross state line or
enter or leave Tribal Lands to
commit domestic violence with
intent to injure, harass, or intimidate
that person’s spouse or intimate
partner, and, who, in the course of or
as a result of such travel,
intentionally committed a crime of
violence and caused bodily injury to
such spouse or intimate partner
__Did defendant cause spouse or
intimate partner to cross state lines
or enter or leave tribal lands to
commit any of above offenses?
‘
Interstate violation of Court Order
__Did defendant cross state line or
enter or leave tribal land with intent
to violate domestic violence
restraining or protective order
__Did defendant cause another to
cross state lines or to enter or leave
triabal land by force, coercion,
duress or fraud and in course or as
result of such conduct, intentionally
commit act that injures person’s
spouse or intimate partner in
violation of court order
‘
NOTE: If officer concludes that
federal law was violated, officer
must contact designated assistant
county prosecutor in accordance
with departmental procedure.

STATE OF NEW JERSEY, DEPARTMENT OF LAW AND PUBLIC SAFETY

(1) CASE NO.

SUPPLEMENTARY DOMESTIC VIOLENCE OFFENSE REPORT
(2) MUNICIPALITY

(3) MUN. CODE NO.

(4) SP STATION

(6) DEPARTMENT PHONE NUMBER

(5) CODE

(
(7) OFFENSE DATE

/

)

-

EXT.

(8) DAY CODE (Circle Number) (9) MILITARY TIME
(10) TOTAL TIME SPENT:
(11) WAS ALCOHOL
(Enter Approx. Time If Unknown)
S M T W TH F S
INVOLVED?
MIN.
HRS.
1 2 3 4 5 6 7
YES
HRS.
.

/

(12) OTHER DRUGS
INVOLVED?
YES

VICTIM INFORMATION Victim must be involved in a dating relationship or 18+ years old or emancipated.
(If this is a violation of a domestic violence restraining order ONLY, State of New Jersey is the victim, leave blocks 14 through 20 blank).
(14) AGE

(13) VICTIM'S NAME

SEX

Enter Approx.
Age if Unknown

(16) HAVE VICTIM & OFFENDER EVER BEEN
INVOLVED IN A DATING RELATIONSHIP?
(Applies only to relationships after
August 11, 1994.)

MALE
FEMALE

(17) IS VICTIM DISABLED?
PSYCHOLOGICAL

1

2

3

ETHNICITY
A - HISPANIC
B - NON-HISPANIC

4

(15) IS VICTIM
PREGNANT?
YES

(18) IF VICTIM IS DISABLED OR 60 YEARS OLD (19) WERE CHILDREN:
OR OLDER, WAS CRIMINAL NEGLECT
1. INVOLVED
ALSO INVOLVED (2C:24.8)?
YES
2. PRESENT

YES

If Yes, Check one:

YES

RACE CODE
(Circle One)

PHYSICAL

(20) RELATIONSHIP OF VICTIM TO OFFENDER: (Check ONLY One.)
1. VICTIM IS
THE SPOUSE

2. VICTIM IS
THE EX-SPOUSE

OFFENDER INFORMATION
(21) AGE
Enter Approx.
Age if Unknown

SEX
MALE
FEMALE

3. VICTIM IS A
CO-PARENT

2

5. VICTIM IS A FRIEND/
ACQUAINTANCE

(Mother, Father, etc.)

6. VICTIM IS AN
EX-FRIEND

Offender must be 18+ years old or emancipated.

RACE CODE
(Circle One)
1

4. VICTIM IS A RELATIVE

3

ETHNICITY

(22) OFFENDER:

A - HISPANIC
B - NON-HISPANIC

4

IS A PRESENT
HOUSEHOLD
MEMBER

IS A FORMER
HOUSEHOLD
MEMBER

NEVER
RESIDED
WITH VICTIM

(26) WAS OFFENDER ARRESTED FOR: (Check ONLY One.)
(A) VIOLATION OF A D.V. RESTRAINING ORDER ONLY?

(23) HAS A DOMESTIC VIOLENCE ORDER EVER BEEN ISSUED
BETWEEN THE PARTIES INVOLVED?

YES

(24) DID THIS INCIDENT INVOLVE/ALLEGE A VIOLATION OF A
DOMESTIC VIOLENCE RESTRAINING ORDER?

YES

(B) DOMESTIC VIOLENCE OFFENSE ONLY (Block 27)?

YES

(25) AS A RESULT OF THIS INCIDENT, WAS A D.V. RESTRAINING
ORDER ISSUED FOR ONE OF THE 14 OFFENSES IN BLOCK 27?

YES

(C) BOTH - VIOLATION OF A D.V. RESTRAINING ORDER AND A
DOMESTIC VIOLENCE OFFENSE (BLOCK 27)?

YES

OFFENSE INFORMATION

YES

Leave section blank if incident is ONLY a violation of a domestic violence restraining order.

(27) CURRENT DOMESTIC VIOLENCE OFFENSE COMPLAINT: (Check ONLY One.)
1. HOMICIDE

5. CRIMINAL RESTRAINT

9. LEWDNESS*

2. ASSAULT

6. FALSE IMPRISONMENT

10. CRIMINAL MISCHIEF*

14. STALKING*

3. TERRORISTIC THREATS*

7. SEXUAL ASSAULT

11. BURGLARY*

4. KIDNAPPING

8. CRIMINAL SEXUAL CONTACT

12. CRIMINAL TRESPASS*

* For these offenses check
"None" - "No Injury", in
Block 30.

DEGREE OF INJURY FROM WEAPON USED
(28)
(Check ONLY One.)
(29)
NONAGGRAVATED AGGRAVATED
WEAPON
SERIOUS
MINOR
INJURY
INJURY

(31)
(30)
NO
INJURY

WEAPONS
SEIZED?
(Check if Yes for
each weapon.)

13. HARASSMENT

(32)
ENTER NUMBER OF DEATHS
OTHER THAN A HOMICIDE VICTIM.
IF NONE, ENTER 0.

COMPLETE ONLY IF BLOCK 32 IS OTHER THAN ZERO.

1. GUN

(33) ENTER NUMBER OF
ASSOCIATED ADULT DEATHS

(34) ENTER NUMBER OF
ASSOCIATED JUVENILE DEATHS

3. OTHER
DANGEROUS

MALE

MALE

4. HANDS,
FISTS, ETC.

(35) DID OFFENDER COMMIT SUICIDE?

2. KNIFE or
cutting instrument

FEMALE

FEMALE

5. NONE

YES

(36) REMARKS:

(37) RANK/NAME:

(41)

UCR-DV1 (rev. 9/99) (effective 1/1/2000)

(38) BADGE NO.:

(42)

(39) DATE COMPLETED:

(43)

N.J.S.P. UCR UNIT COPY

(40) REVIEWED BY:

STATE OF NEW JERSEY, DEPARTMENT OF LAW AND PUBLIC SAFETY

(1) CASE NO.

SUPPLEMENTARY DOMESTIC VIOLENCE OFFENSE REPORT
(2) MUNICIPALITY

(3) MUN. CODE NO.

(4) SP STATION

(5) CODE

(6) DEPARTMENT PHONE NUMBER

(
(7) OFFENSE DATE

/

)

-

EXT.

(8) DAY CODE (Circle Number) (9) MILITARY TIME
(10) TOTAL TIME SPENT:
(11) WAS ALCOHOL
(Enter Approx. Time If Unknown)
S M T W TH F S
INVOLVED?
MIN.
HRS.
1 2 3 4 5 6 7
YES
HRS.
.

/

(12) OTHER DRUGS
INVOLVED?
YES

VICTIM INFORMATION Victim must be involved in a dating relationship or 18+ years old or emancipated.
(If this is a violation of a domestic violence restraining order ONLY, State of New Jersey is the victim, leave blocks 14 through 20 blank).
(14) AGE

(13) VICTIM'S NAME

SEX

Enter Approx.
Age if Unknown

(16) HAVE VICTIM & OFFENDER EVER BEEN
INVOLVED IN A DATING RELATIONSHIP?
(Applies only to relationships after
August 11, 1994.)

MALE
FEMALE

(17) IS VICTIM DISABLED?
PSYCHOLOGICAL

1

2

3

ETHNICITY
A - HISPANIC
B - NON-HISPANIC

4

(15) IS VICTIM
PREGNANT?
YES

(18) IF VICTIM IS DISABLED OR 60 YEARS OLD (19) WERE CHILDREN:
OR OLDER, WAS CRIMINAL NEGLECT
1. INVOLVED
ALSO INVOLVED (2C:24.8)?
YES
2. PRESENT

YES

If Yes, Check one:

YES

RACE CODE
(Circle One)

PHYSICAL

(20) RELATIONSHIP OF VICTIM TO OFFENDER: (Check ONLY One.)
1. VICTIM IS
THE SPOUSE

2. VICTIM IS
THE EX-SPOUSE

OFFENDER INFORMATION
(21) AGE
Enter Approx.
Age if Unknown

SEX
MALE
FEMALE

3. VICTIM IS A
CO-PARENT

2

5. VICTIM IS A FRIEND/
ACQUAINTANCE

(Mother, Father, etc.)

6. VICTIM IS AN
EX-FRIEND

Offender must be 18+ years old or emancipated.

RACE CODE
(Circle One)
1

4. VICTIM IS A RELATIVE

3

ETHNICITY

(22) OFFENDER:

A - HISPANIC
B - NON-HISPANIC

4

IS A PRESENT
HOUSEHOLD
MEMBER

IS A FORMER
HOUSEHOLD
MEMBER

NEVER
RESIDED
WITH VICTIM

(26) WAS OFFENDER ARRESTED FOR: (Check ONLY One.)
(A) VIOLATION OF A D.V. RESTRAINING ORDER ONLY?

(23) HAS A DOMESTIC VIOLENCE ORDER EVER BEEN ISSUED
BETWEEN THE PARTIES INVOLVED?

YES

(24) DID THIS INCIDENT INVOLVE/ALLEGE A VIOLATION OF A
DOMESTIC VIOLENCE RESTRAINING ORDER?

YES

(B) DOMESTIC VIOLENCE OFFENSE ONLY (Block 27)?

YES

(25) AS A RESULT OF THIS INCIDENT, WAS A D.V. RESTRAINING
ORDER ISSUED FOR ONE OF THE 14 OFFENSES IN BLOCK 27?

YES

(C) BOTH - VIOLATION OF A D.V. RESTRAINING ORDER AND A
DOMESTIC VIOLENCE OFFENSE (BLOCK 27)?

YES

OFFENSE INFORMATION

YES

Leave section blank if incident is ONLY a violation of a domestic violence restraining order.

(27) CURRENT DOMESTIC VIOLENCE OFFENSE COMPLAINT: (Check ONLY One.)
1. HOMICIDE

5. CRIMINAL RESTRAINT

9. LEWDNESS*

2. ASSAULT

6. FALSE IMPRISONMENT

10. CRIMINAL MISCHIEF*

14. STALKING*

3. TERRORISTIC THREATS*

7. SEXUAL ASSAULT

11. BURGLARY*

4. KIDNAPPING

8. CRIMINAL SEXUAL CONTACT

12. CRIMINAL TRESPASS*

* For these offenses check
"None" - "No Injury", in
Block 30.

DEGREE OF INJURY FROM WEAPON USED
(28)
(Check ONLY One.)
(29)
NONAGGRAVATED AGGRAVATED
WEAPON
SERIOUS
MINOR
INJURY
INJURY

(31)
(30)
NO
INJURY

WEAPONS
SEIZED?
(Check if Yes for
each weapon.)

13. HARASSMENT

(32)
ENTER NUMBER OF DEATHS
OTHER THAN A HOMICIDE VICTIM.
IF NONE, ENTER 0.

COMPLETE ONLY IF BLOCK 32 IS OTHER THAN ZERO.

1. GUN

(33) ENTER NUMBER OF
ASSOCIATED ADULT DEATHS

(34) ENTER NUMBER OF
ASSOCIATED JUVENILE DEATHS

3. OTHER
DANGEROUS

MALE

MALE

4. HANDS,
FISTS, ETC.

(35) DID OFFENDER COMMIT SUICIDE?

2. KNIFE or
cutting instrument

FEMALE

FEMALE

5. NONE

YES

(36) REMARKS:

(37) RANK/NAME:

(38) BADGE NO.:

(41)

(42)

(39) DATE COMPLETED:

(43)

COUNTY BUREAU OF IDENTIFICATION
(FORWARD DIRECTLY TO THE COUNTY BUREAU OF IDENTIFICATION)

UCR-DV1 (rev. 9/99) (effective 1/1/2000)

(40) REVIEWED BY:

STATE OF NEW JERSEY, DEPARTMENT OF LAW AND PUBLIC SAFETY

(1) CASE NO.

SUPPLEMENTARY DOMESTIC VIOLENCE OFFENSE REPORT
(2) MUNICIPALITY

(3) MUN. CODE NO.

(4) SP STATION

(5) CODE

(6) DEPARTMENT PHONE NUMBER

(
(7) OFFENSE DATE

/

)

-

EXT.

(8) DAY CODE (Circle Number) (9) MILITARY TIME
(10) TOTAL TIME SPENT:
(11) WAS ALCOHOL
(Enter Approx. Time If Unknown)
S M T W TH F S
INVOLVED?
MIN.
HRS.
1 2 3 4 5 6 7
YES
HRS.
.

/

(12) OTHER DRUGS
INVOLVED?
YES

VICTIM INFORMATION Victim must be involved in a dating relationship or 18+ years old or emancipated.
(If this is a violation of a domestic violence restraining order ONLY, State of New Jersey is the victim, leave blocks 14 through 20 blank).
(14) AGE

(13) VICTIM'S NAME

SEX

Enter Approx.
Age if Unknown

(16) HAVE VICTIM & OFFENDER EVER BEEN
INVOLVED IN A DATING RELATIONSHIP?
(Applies only to relationships after
August 11, 1994.)

MALE
FEMALE

(17) IS VICTIM DISABLED?
PSYCHOLOGICAL

1

2

3

ETHNICITY
A - HISPANIC
B - NON-HISPANIC

4

(15) IS VICTIM
PREGNANT?
YES

(18) IF VICTIM IS DISABLED OR 60 YEARS OLD (19) WERE CHILDREN:
OR OLDER, WAS CRIMINAL NEGLECT
1. INVOLVED
ALSO INVOLVED (2C:24.8)?
YES
2. PRESENT

YES

If Yes, Check one:

YES

RACE CODE
(Circle One)

PHYSICAL

(20) RELATIONSHIP OF VICTIM TO OFFENDER: (Check ONLY One.)
1. VICTIM IS
THE SPOUSE

2. VICTIM IS
THE EX-SPOUSE

OFFENDER INFORMATION
(21) AGE
Enter Approx.
Age if Unknown

SEX

3. VICTIM IS A
CO-PARENT

1

2

5. VICTIM IS A FRIEND/
ACQUAINTANCE

(Mother, Father, etc.)

6. VICTIM IS AN
EX-FRIEND

Offender must be 18+ years old or emancipated.

RACE CODE
(Circle One)

MALE
FEMALE

4. VICTIM IS A RELATIVE

3

ETHNICITY

(22) OFFENDER:

A - HISPANIC
B - NON-HISPANIC

4

IS A PRESENT
HOUSEHOLD
MEMBER

IS A FORMER
HOUSEHOLD
MEMBER

NEVER
RESIDED
WITH VICTIM

(26) WAS OFFENDER ARRESTED FOR: (Check ONLY One.)
(A) VIOLATION OF A D.V. RESTRAINING ORDER ONLY?

(23) HAS A DOMESTIC VIOLENCE ORDER EVER BEEN ISSUED
BETWEEN THE PARTIES INVOLVED?

YES

(24) DID THIS INCIDENT INVOLVE/ALLEGE A VIOLATION OF A
DOMESTIC VIOLENCE RESTRAINING ORDER?

YES

(B) DOMESTIC VIOLENCE OFFENSE ONLY (Block 27)?

YES

(25) AS A RESULT OF THIS INCIDENT, WAS A D.V. RESTRAINING
ORDER ISSUED FOR ONE OF THE 14 OFFENSES IN BLOCK 27?

YES

(C) BOTH - VIOLATION OF A D.V. RESTRAINING ORDER AND A
DOMESTIC VIOLENCE OFFENSE (BLOCK 27)?

YES

OFFENSE INFORMATION

YES

Leave section blank if incident is ONLY a violation of a domestic violence restraining order.

(27) CURRENT DOMESTIC VIOLENCE OFFENSE COMPLAINT: (Check ONLY One.)
1. HOMICIDE

5. CRIMINAL RESTRAINT

9. LEWDNESS*

2. ASSAULT

6. FALSE IMPRISONMENT

10. CRIMINAL MISCHIEF*

14. STALKING*

3. TERRORISTIC THREATS*

7. SEXUAL ASSAULT

11. BURGLARY*

4. KIDNAPPING

8. CRIMINAL SEXUAL CONTACT

12. CRIMINAL TRESPASS*

* For these offenses check
"None" - "No Injury", in
Block 30.

DEGREE OF INJURY FROM WEAPON USED
(28)
(Check ONLY One.)
(29)
NONAGGRAVATED AGGRAVATED
WEAPON
SERIOUS
MINOR
INJURY
INJURY

(31)
(30)
NO
INJURY

WEAPONS
SEIZED?
(Check if Yes for
each weapon.)

13. HARASSMENT

(32)
ENTER NUMBER OF DEATHS
OTHER THAN A HOMICIDE VICTIM.
IF NONE, ENTER 0.

COMPLETE ONLY IF BLOCK 32 IS OTHER THAN ZERO.

1. GUN

(33) ENTER NUMBER OF
ASSOCIATED ADULT DEATHS

(34) ENTER NUMBER OF
ASSOCIATED JUVENILE DEATHS

3. OTHER
DANGEROUS

MALE

MALE

4. HANDS,
FISTS, ETC.

(35) DID OFFENDER COMMIT SUICIDE?

2. KNIFE or
cutting instrument

FEMALE

FEMALE

5. NONE

YES

(36) REMARKS:

(37) RANK/NAME:

(38) BADGE NO.:

(41)

(42)

(39) DATE COMPLETED:

(43)

MUNICIPAL/SUPERIOR COURT
(FORWARD DIRECTLY TO THE MUNICIPAL OR SUPERIOR COURT)

UCR-DV1 (rev. 9/99) (effective 1/1/2000)

(40) REVIEWED BY:

STATE OF NEW JERSEY, DEPARTMENT OF LAW AND PUBLIC SAFETY

(1) CASE NO.

SUPPLEMENTARY DOMESTIC VIOLENCE OFFENSE REPORT
(2) MUNICIPALITY

(3) MUN. CODE NO.

(4) SP STATION

(6) DEPARTMENT PHONE NUMBER

(5) CODE

(
(7) OFFENSE DATE

/

)

-

EXT.

(8) DAY CODE (Circle Number) (9) MILITARY TIME
(10) TOTAL TIME SPENT:
(11) WAS ALCOHOL
(Enter Approx. Time If Unknown)
S M T W TH F S
INVOLVED?
MIN.
HRS.
1 2 3 4 5 6 7
YES
HRS.
.

/

(12) OTHER DRUGS
INVOLVED?
YES

VICTIM INFORMATION Victim must be involved in a dating relationship or 18+ years old or emancipated.
(If this is a violation of a domestic violence restraining order ONLY, State of New Jersey is the victim, leave blocks 14 through 20 blank).
(14) AGE

(13) VICTIM'S NAME

SEX

Enter Approx.
Age if Unknown

(16) HAVE VICTIM & OFFENDER EVER BEEN
INVOLVED IN A DATING RELATIONSHIP?
(Applies only to relationships after
August 11, 1994.)

MALE
FEMALE

(17) IS VICTIM DISABLED?
PSYCHOLOGICAL

1

2

3

ETHNICITY
A - HISPANIC
B - NON-HISPANIC

4

(15) IS VICTIM
PREGNANT?
YES

(18) IF VICTIM IS DISABLED OR 60 YEARS OLD (19) WERE CHILDREN:
OR OLDER, WAS CRIMINAL NEGLECT
1. INVOLVED
ALSO INVOLVED (2C:24.8)?
YES
2. PRESENT

YES

If Yes, Check one:

YES

RACE CODE
(Circle One)

PHYSICAL

(20) RELATIONSHIP OF VICTIM TO OFFENDER: (Check ONLY One.)
1. VICTIM IS
THE SPOUSE

2. VICTIM IS
THE EX-SPOUSE

OFFENDER INFORMATION
(21) AGE
Enter Approx.
Age if Unknown

SEX
MALE
FEMALE

3. VICTIM IS A
CO-PARENT

2

5. VICTIM IS A FRIEND/
ACQUAINTANCE

(Mother, Father, etc.)

6. VICTIM IS AN
EX-FRIEND

Offender must be 18+ years old or emancipated.

RACE CODE
(Circle One)
1

4. VICTIM IS A RELATIVE

3

ETHNICITY

(22) OFFENDER:

A - HISPANIC
B - NON-HISPANIC

4

IS A PRESENT
HOUSEHOLD
MEMBER

IS A FORMER
HOUSEHOLD
MEMBER

NEVER
RESIDED
WITH VICTIM

(26) WAS OFFENDER ARRESTED FOR: (Check ONLY One.)
(A) VIOLATION OF A D.V. RESTRAINING ORDER ONLY?

(23) HAS A DOMESTIC VIOLENCE ORDER EVER BEEN ISSUED
BETWEEN THE PARTIES INVOLVED?

YES

(24) DID THIS INCIDENT INVOLVE/ALLEGE A VIOLATION OF A
DOMESTIC VIOLENCE RESTRAINING ORDER?

YES

(B) DOMESTIC VIOLENCE OFFENSE ONLY (Block 27)?

YES

(25) AS A RESULT OF THIS INCIDENT, WAS A D.V. RESTRAINING
ORDER ISSUED FOR ONE OF THE 14 OFFENSES IN BLOCK 27?

YES

(C) BOTH - VIOLATION OF A D.V. RESTRAINING ORDER AND A
DOMESTIC VIOLENCE OFFENSE (BLOCK 27)?

YES

OFFENSE INFORMATION

YES

Leave section blank if incident is ONLY a violation of a domestic violence restraining order.

(27) CURRENT DOMESTIC VIOLENCE OFFENSE COMPLAINT: (Check ONLY One.)
1. HOMICIDE

5. CRIMINAL RESTRAINT

9. LEWDNESS*

2. ASSAULT

6. FALSE IMPRISONMENT

10. CRIMINAL MISCHIEF*

14. STALKING*

3. TERRORISTIC THREATS*

7. SEXUAL ASSAULT

11. BURGLARY*

4. KIDNAPPING

8. CRIMINAL SEXUAL CONTACT

12. CRIMINAL TRESPASS*

* For these offenses check
"None" - "No Injury", in
Block 30.

DEGREE OF INJURY FROM WEAPON USED
(28)
(Check ONLY One.)
(29)
NONAGGRAVATED AGGRAVATED
WEAPON
SERIOUS
MINOR
INJURY
INJURY

(31)
(30)
NO
INJURY

WEAPONS
SEIZED?
(Check if Yes for
each weapon.)

13. HARASSMENT

(32)
ENTER NUMBER OF DEATHS
OTHER THAN A HOMICIDE VICTIM.
IF NONE, ENTER 0.

COMPLETE ONLY IF BLOCK 32 IS OTHER THAN ZERO.

1. GUN

(33) ENTER NUMBER OF
ASSOCIATED ADULT DEATHS

(34) ENTER NUMBER OF
ASSOCIATED JUVENILE DEATHS

3. OTHER
DANGEROUS

MALE

MALE

4. HANDS,
FISTS, ETC.

(35) DID OFFENDER COMMIT SUICIDE?

2. KNIFE or
cutting instrument

FEMALE

FEMALE

5. NONE

YES

(36) REMARKS:

(37) RANK/NAME:

(41)

UCR-DV1 (rev. 9/99) (effective 1/1/2000)

(38) BADGE NO.:

(42)

(39) DATE COMPLETED:

(43)

CONTRIBUTOR'S COPY

(40) REVIEWED BY:

SUPPLEMENTARY DOMESTIC VIOLENCE OFFENSE REPORT GUIDE
A. PURPOSE OF THE REPORT:
The Supplementary Domestic Violence Offense Report shall be used to report (a) any of the fourteen listed acts of domestic violence and/or (b) any
allegation of a domestic violence court order. N.J.S.A. 2C:25-1 et. seq. It will be the responsibility of a law enforcement officer who responds to a domestic
violence call and/or an allegation of a violation of a Domestic Violence Court Order, to complete this report.
a. The report will be completed when one or more of the following acts are inflicted by an adult or emancipated minor upon a person protected under this
act. A victim of domestic violence includes any person 18 years of age or older or who is an emancipated minor and has been subjected to domestic
violence by a spouse, former spouse, or any other person who is a present or former household member. A victim also includes any person, regardless of
age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a
child in common, if one of the parties is pregnant. A victim of domestic violence also includes any person who has been subjected to domestic violence by
a person with whom the victim has had a dating relationship. Child abuse complaints are not to be reported on this form.
NOTE: "Emancipated minor" means a person who is less than 18 years of age but who has been married, entered in the military service, has a child or
is pregnant or has been previously declared by a court or an administrative agency to be emancipated.
The acts of domestic violence are:
1. Homicide
4. Kidnapping
7. Sexual Assault
10. Criminal Mischief
13. Harassment
2. Assault
5. Criminal Restraint
8. Criminal Sexual Contact
11. Burglary
14. Stalking
3. Terroristic Threats
6. False Imprisonment
9. Lewdness
12. Criminal Trespass
B. MECHANICS:
1. This report may be ball pointed (block printed) or typed.
2. Routing:
a. Original-First Copy (NOTE: Do not forward copies of court orders or other documents to the New Jersey State Police.):
New Jersey State Police, UCR Unit, Box 7068, River Road, West Trenton, NJ 08628-0068, (609) 882-2000, Ext. 2870.
b. Second Copy: County Bureau of Identification (Forward directly to the County Bureau of Identification.)
c. Third Copy: Municipal/Superior Court (Forward directly to the Municipal or Superior Court.)
d. Fourth Copy: Contributor's Copy
3. Reports will be submitted immediately upon completion. DO NOT wait for the end of the month to forward the forms.
C. INSTRUCTIONS FOR PREPARATION OF THE SUPPLEMENTARY DOMESTIC VIOLENCE OFFENSE REPORT:
This report shall be accurate, factual, clear, concise, complete and free of errors in spelling and grammar. Appropriate abbreviations are acceptable.
Complete all applicable boxes. Note: Logical edits have been written for the state's data entry programs. Illogical responses will be corrected by the program.
No notice will be provided to the reporting agency (e.g., Criminal Trespass, offense with injury). Blocks requiring an affirmative answer must be checked
"Yes" otherwise a "No" response will be recorded.
1. CASE NO. - Enter investigation report number; if none, enter operations report number or other available identifying number.
2. MUNICIPALITY - Enter name of the municipality where offense occurred.
3. MUNICIPALITY CODE - Enter four digit municipality identifier code.
4. SP STATION - Enter State Police station reporting offense (for State Police use only).
5. SP STATION CODE - Enter State Police station code number (for State Police use only).
6. PHONE NUMBER - Enter the reporting agency's complete phone number and extension.
7. OFFENSE DATE - Enter the date of offense. Example: 0 1 / 0 1 / 2 0 0 0 .
8. DAY CODE - Circle appropriate numerical code.
1. Sunday 2. Monday 3. Tuesday 4. Wednesday 5. Thursday 6. Friday 7. Saturday
9. MILITARY TIME - Enter time of offense - e.g. 0 0 0 1 HRS.
10. TOTAL TIME SPENT - Enter the total time spent on this investigation. IF UNKNOWN, ENTER APPROXIMATE TIME.
11. ALCOHOL INVOLVED - Check yes to indicate if the victim or the offender had been drinking.
12. OTHER DRUGS INVOLVED - Check yes to indicate if the victim or offender used drugs other than alcohol.
13. VICTIM'S NAME -Enter full name of the victim (first, middle, and last name). ONE REPORT WILL BE COMPLETED FOR EACH VICTIM. If incident
involves a violation of a domestic violence order only, victim is the State of New Jersey, (leave blocks 14 thru 20 blank).
14. VICTIM'S AGE, SEX, RACE CODE AND ETHNICITY - Enter the Victim's:
AGE - If unknown, enter approximate age.
RACE CODE - Circle numerical code for victim's race (using numbers 1 through 4).
SEX - Check male or female.
1 — White
2 — Black
3 — Asian or Pacific Islander
4 — American Indian or Alaskan Native
ETHNICITY - Check the appropriate box.
15. IS VICTIM PREGNANT? - Check yes to indicate if the victim is pregnant at the time of the incident.
16. WERE VICTIM AND OFFENDER INVOLVED IN A DATING RELATIONSHIP? - Check yes, if applicable; otherwise, leave blank.
17. IS VICTIM DISABLED? - Check yes if the victim is disabled, then check the appropriate box.
18. IF VICTIM IS DISABLED OR 60 YEARS OF AGE OR OLDER, WAS CRIMINAL NEGLECT ALSO INVOLVED (2C:24-8)? - Check yes, if applicable.
19. CHILDREN WERE INVOLVED, PRESENT - Check the appropriate box.
20. RELATIONSHIP OF VICTIM TO OFFENDER - Check to indicate relationship at time of incident (only check one block).
21. OFFENDER'S AGE, SEX, RACE CODE AND ETHNICITY - Enter offender's age, sex, race code, and ethnic origin using the instructions listed in
block 14.
22. OFFENDER - Check the appropriate block.
23. PRIOR COURT ORDERS - Check yes if a Domestic Violence court order has ever been issued between the parties involved.
24. DID THIS INCIDENT INVOLVE/ALLEGE A VIOLATION OF A DOMESTIC VIOLENCE RESTRAINING ORDER? - Check yes if this incident involved or
alleged a violation of a Domestic Violence Restraining Order.
25. AS A RESULT OF THIS INCIDENT, WAS A RESTRAINING ORDER ISSUED FOR ONE OF THE 14 OFFENSES LISTED IN BLOCK 27? Check yes if so.
26. WAS OFFENDER ARRESTED? - Check ONLY One.
OFFENSE INFORMATION - If incident is a violation of a domestic violence restraining order ONLY, leave blocks 27 through 35 blank.
27. CURRENT OFFENSE/COMPLAINT - Check only one block with regard to current offense. Mark the most serious crime. For offenses with an
asterisk, check "NONE" in Block 30.
28.,29., 30. DEGREE OF INJURY FROM WEAPON USED - Locate weapon used, then check the appropriate block on horizontal line indicating degree of
injury. - Check ONLY One.
EXAMPLE: Aggravated/serious - is when injury is sufficient to cause broken bones, internal injuries, or when stitches are required.
Non-Aggravated/minor - includes any lesser injury. Check only one weapon, by going down the list from 1 to 5.
31. WEAPONS SEIZED - NOTE: Include weapons seized even if not used to commit the domestic violence offense. Check yes for each weapon category
(gun, knife, and other dangerous) to indicate if weapon(s) were seized. If no weapon(s) seized, leave blank.
32. ENTER NUMBER OF DEATHS OTHER THAN A HOMICIDE VICTIM - Enter the total number of associated deaths, e.g., accidental, suicide, etc.
NOTE: If the victim's cause of death was suicide, accidental, etc., include in this box.
33. ENTER NUMBER OF ASSOCIATED ADULT DEATHS - enter appropriate number of adult male/female deceased.
34. ENTER NUMBER OF ASSOCIATED JUVENILE DEATHS - enter appropriate number of juvenile male/female deceased.
35. DID OFFENDER COMMIT SUICIDE? - If applicable, check yes. NOTE: If yes, then the offender should be counted in block 30 as an associated death.
36. REMARKS - Enter additional information as needed.
37. RANK/NAME - Enter rank and name of investigating officer with signature.
38. BADGE NUMBER - Enter badge number of the officer preparing report.
39. DATE COMPLETED - Enter the date report is prepared.
40. REVIEWED BY - Enter initials and badge number of immediate supervisor who reviewed and approved the report.
41. BLANK BLOCK.
42. BLANK BLOCK.
43. BLANK BLOCK.

Atlantic County
ATLANTIC COUNTY WOMEN'S CENTER
Violence Intervention Program (VIP)
PO Box 311, Northfield, NJ 08225
Emergency Shelter
24 Hr. Hotline:
(609) 646-6767
Tollfree:
1-800-286-4184
TTY:
(609) 645-2909
Office:
(609) 646-4376
Fax:
(609) 645-8877
Email:
acwc@bellatlantic. net
www.acwc.org
Web:
Outreach
Ph:
(609) 646-6768
Displaced Homemakers Services
Home To Work
Ph:
(609) 601-9925
Fax:
(609) 601-2975
Unified Child Care Services
Child Care Network
Ph:
(609) 646-1180
Fax:
(609) 645-8877
Sexual Assault
24 Hr. Hotline:
(609) 646-6767
Tollfree:
1-800-286-4184
Batterers Services
Alternatives To Violence (ATV)
Ph:
(609) 646-6775
-

Bergen County
SHELTER OUR SISTERS
PO Box 217, Hackensack, NJ 07602
Office: 405 State Street Hackensack, NJ 07601
Emergency Shelter
24 Hr. Hotline:
(201) 944-9600
TTY:
(201) 836-3071
Shelter:
(201) 836-1075
Fax/Shelter:
(201) 836-7029
Office:
(201) 498-9247
Fax/Office:
(201) 498-9256
Email:
sos@shelteroursisters.org
www.shelteroursisters.org
Web:
-TRANSITIONAL HOUSING AVAILABLE
ALTERNATIVES TO DOMESTIC VIOLENCE
Bergen County Department of Human Services
One Bergen County Plaza, 2nd Floor
Hackensack, NJ 07601
Non-Residential Services/Outreach
24 Hr. Hotline:
(201) 336-7575
TTY:
(201) 336-7525
(201) 336-7555
Fax:
adv@co.bergen.nj.us
Email:
www.co.bergen.nj.us/ADV
Web:
Batterers Services
Alternatives to Domestic Violence
24 Hr. Hotline:
(201) 336-7575
Fax:
(201) 336-7555
Burlington County
PROVIDENCE HOUSE/WILLINGBORO SHELTER
PO Box 496 Willingboro, NJ 08046
Emergency Shelter
24 Hr. Hotline:
(609) 871-7551
TTY:
(609) 871-7551
Office:
(856) 824-0599
Fax/Office:
(856) 824-9340
Fax/Shelter:
(609) 871-0360
Web:
www.catholiccharities.org
Outreach
950A Chester Ave. Delran, NJ 08075
Ph:
(856) 824-0599
Fax:
(856) 824-9340
-

Camden County
CAMDEN COUNTY WOMEN'S CENTER
PO Box 1459 Blackwood, NJ 08012
Emergency Shelter
24 Hr. Hotline:
(856)227-1234
TTY:
(856) 227-9264
Office:
(856) 227-1800
Fax:
(856) 227-1261
Outreach Center
415 Cooper Street, Camden, NJ 08102
Ph:
(856) 963-5668
Fax:
(856) 964-4998
VOLUNTEERS OF AMERICA DELAWARE VALLEY
235 White Horse Pike, Collingswood, New Jersey 08107
Office:
(856) 854-4660
Fax:
(856) 854-0651
Email:
lengstrom@voadv.org
Batterers Services
Volunteers of America, Family Violence Prevention Program
525 Cooper Street, 3rd Floor
Camden, New Jersey 08101
Ph:
(856) 668-2065
Fax:
(856) 338-9017
Cape May County
CARA, INC. (COALITION AGAINST RAPE & ABUSE, INC.)
PO Box 774, Cape May Court House, NJ 08210-0774
Emergency Shelter
24 Hr. Hotline:
(609) 522-6489
1-877-294-2272 (CARA)
Tollfree:
TTY:
(609) 463-0818
Office:
(609) 522-6489
Fax:
(609) 463-0967
Email:
carasafe1@verizon.net
Men's Non Violence Group Services
MEND (Men Explore New Directions)
24 Hr. Hotline:
(609) 522-6489
Tollfree:
1-877-294-2272 (CARA)
-

Cumberland County
CUMBERLAND COUNTY WOMEN'S CENTER
PO Box 921, Vineland, NJ 08362
Emergency Shelter
(856) 691-3713
24 Hr. Hotline:
Tollfree:
1-800-286-4353
TTY:
(856) 691-6024
Office:
(856) 691-3713
Fax:
(856) 691-9774
Batterers Services
A.C.T. (Abuse Ceases Today)
Ph:
(856) 691-3713

Essex County
FAMILY VIOLENCE PROGRAM
755 South Orange Avenue, Newark, NJ 07106
Emergency Shelter
24 Hr. Hotline:
(973) 484-4446
Office:
(973) 484-1704
Fax:
(973) 484-7682
Web:
www.babyland.org
Outreach
Family Violence Outreach
755 South Orange Ave, Newark , NJ 07106
Ph:
(973) 484-1704
Batterers Services
Men for Peace
Ph:
(973) 399-3400
Fax:
(973) 399-2076
THE SAFE HOUSE
PO Box 1877, Bloomfield, NJ 07003
Emergency Shelter
24 Hr. Hotline:
Office:
Fax:

(973) 759-2154
(973) 759-2378
(973) 844-4950

THE RACHEL COALITION c/o JEWISH FAMILY SERVICE
570 West Mt. Pleasant Ave, Suite 203
Livingston, NJ 07039
Emergency Safehouse
24 Hr. Emergency Paging Service: (973) 740-1233
Outreach
Office:
(973) 740-1233
Fax:
(973) 740-1590
Website:
www.rachelcoalition.org
TRANSITIONAL HOUSING (one
unit)
Batterers Services
RESPECT
Office:
(973) 765-9050 ext. 259 (intake)
LINDA & RUDY SLUCKER
NATIONAL COUNCIL OF JEWISH WOMEN
CENTER FOR WOMEN
513 W. Mt. Pleasant Ave., Suite 325, Livingston, NJ 07039
Outreach
Teen Dating Abuse Program
Office:
(973) 994-4994
Fax:
(973) 994-7412
Email:
centerforwomen@ncjwessex.org
www.CENTERFORWOMENnj.org
Web:

Gloucester County
SERVICES EMPOWERING THE RIGHTS OF VICTIMS (SERV)
PO Box 566, Glassboro, NJ 08028
Emergency Shelter
24 Hr. Hotline:
(856) 881-3335
(866) 295-7378
Tollfree:
TTY:
(856) 881-9365
Office:
(856) 881-9337
Fax:
(856) 881-1297
Email:
gcdvs@centerffs.org
Hudson County
WOMENRISING, INC.
270 Fairmount Avenue, Jersey City, NJ 07306
Emergency Shelter
24 Hr. Hotline:
(201) 333-5700
TTY:
(201) 333-0547
Fax:
(201) 333-9305
Email:
womenrising@aol.com
Outreach
270 Fairmount Ave, Jersey City, NJ 07306
Ph:
(201) 333-5700
-

Hunterdon County
WOMEN'S CRISIS SERVICES
47 E. Main Street, Flemington, NJ 08822
Emergency Shelter
24 Hr. Hotline:
(908) 788-4044
Tollfree:
1-888-988-4033
TTY:
1-866-954-0100
Office:
(908) 806-8605
Fax:
(908) 788-7263
Email:
agencyinfo@womenscrisisservices.org
www.womenscrisisservices.org
Web:
Outreach
Ph:
(908) 788-7666
TTY:
(908) 788-7666
Fax:
(908) 806-4725 or (908) 788-2799
Sexual Assault/Rape/Incest
Ph:
(908) 788-7666
Batterers Services
Men's Group
Ph:
(908) 788-7666
TRANSITIONAL HOUSING AVAILABLE
Ph:
(908) 806-0073

Mercer County
WOMANSPACE, INC.
1212 Stuyvesant Avenue, Trenton, NJ 08618
Emergency Shelter
24-Hr. Hotline:
State Hotline:
V/TTY:

(609) 394-9000
1-800-572-SAFE (7233)
.
(609) 394-9000 or
1-888-252-7233
(609) 394-0136
(609) 396-1093
pmh@womanspace.org
www.womanspace.org

Office:
Fax:
Email:
Web:
Sexual Assault Support Services
24 Hr. Hotline :
(609) 394-9000
Outreach
1860 Brunswick Avenue, Lawrenceville, NJ, 08648
Ph:
(609) 394-2532
TTY:
(609) 394-5417
TRANSITIONAL HOUSING AVAILABLE
Batterers Services
Family Growth Program
39 N. Clinton Avenue, Trenton, NJ 08609
Ph:
(609) 394-5157
Fax:
(609) 394-3010

-

Middlesex County
WOMEN AWARE, INC.
PO Box 312, New Brunswick, NJ 08903
Emergency Shelter
24-Hr. Hotline:
(732) 249-4504
TTY:
(732) 249-0600
Office:
(732) 249-4900
Fax:
(732) 249-4901
Shelter Fax:
Email:

(732) 249-0010
womenaware@aol.com

Outreach
96 Paterson Street, New Brunswick, NJ, 08901
Ph:
(732) 937-9525
Fax:
(732) 249-6942
Web:
www.womenaware.net
MANAVI, INC. (An organization for South Asian Women)
PO Box 3101, New Brunswick, NJ 08903-3103
Transitional Housing Available
(Office Hours 9:30 - 5:30)
Office:
(732) 435-1414
Fax:
(732) 435-1411
Email:
Manavi@att.net
Website:
www.manavi.org
-

Monmouth County
180 Turning Lives Around Inc.
One Bethany Road, Bldg. 3, Suite 42, Hazlet, NJ 07730
Emergency Shelter
24-Hr. Hotline:
(732) 264-4111
TTY:
(732) 203-0862
Office:
(732) 264-4360
Fax:
(732) 264-8655
Email:
wcmcmain@aol.com
www.180nj.org
Web:
Outreach Counseling
Ph:
(732) 264-4111
Rape Care Program
24 Hr. Hotline:
(732) 264-7273
Toll free:
1-888-264- RAPE (7273)
Batterers Services: Alternatives to Abuse
Ph:
(732) 264-4360, Ext. 252
Transitional Housing Available
Transitional Living Program: Families in Transition
Ph:
(732) 886-5144
Fax:
(732) 886-5141
Asbury/Neptune Outreach
Ph:
(732) 988-5200 ext. 510
School Based Violence Prevention Group
Ph:
(732) 264-4360 ext. 118
Youth Helpline
Toll free:
888-222-2228
Morris County
JERSEY BATTERED WOMEN'S SERVICES, INC. (JBWS)
PO Box 1437, Morristown, NJ 07962-1437
Emergency Shelter
24 Hr. Hotline:
(973) 267-4763
TTY:
(973) 285-9095
Office:
(973) 455-1256
Fax:
(973) 605-5898
Email:
info@jbws.org
www.jbws.org
Web:
Batterers Services
Abuse Ceases Today (ACT)
Ph:
(973) 539-7801
Fax:
(973) 539-4068
Transitional Housing Available
-

Ocean County
PROVIDENCE HOUSE - OCEAN
PO Box 4344, Brick, NJ 08723
Emergency Shelter
24 Hr. Hotline:
(732) 244-8259
1-800-246-8910
Tollfree:
TTY:
(732) 244-8259
Office:
(732) 262-3143
Fax:
(732) 262-1787
Shelter Fax:
(732) 244-3064
Web:
www.catholiccharities.org
Outreach
35 Beaverson Blvd., Bldg #6, Brick, NJ 07823
Ph:
(732) 262-3143
Passaic County
PASSAIC COUNTY WOMEN'S CENTER
Domestic Violence Program
PO Box 244, Paterson, NJ 07513
Emergency Shelter
24-Hr. Hotline:
(973) 881-1450
TTY:
(973) 278-8630
Office:
(973) 881-1450
Fax:
(973) 881-0617
Outreach
1027 Madison Avenue, Paterson, NJ 07513
Ph:
(973) 881-0725
Fax:
(973) 881-0938
Rape Crisis Program
1027 Madison Avenue, Paterson, NJ 07513
24-Hr. Hotline:
(973) 881-1450
Ph:
(973) 881-0725
Fax:
(973) 881-0938
Project S.A.R.A.H.
199 Scoles Ave., Clifton, NJ 07102
24-Hr. Tollfree Hotline:
1-888-883-2323
Ph:
(973) 777-7638
Fax:
(973) 777-9311
Strengthen Our Sisters
PO Box U, Hewitt, NJ 07421
Office:
(973) 657-0251
Fax:
(973)728-0618
Email:
info@strengthenoursisters.org
Website:
www.strengthenoursisters.org

Salem County
SALEM COUNTY WOMEN'S SERVICES
PO Box 125, Salem, NJ 08079-0125
Emergency Shelter
24-Hr. Hotline:
(856) 935-6655
Tollfree:
1-888-632-9511
TTY:
(856) 935-7118
Office:
(856) 935-8012
Fax:
(856) 935-6165
Email:
scws125@comcast.net
Sexual Assault/Rape Crisis
24-Hr. Hotline:
(856) 935-6655
Tollfree:
1-888-632-9511
Batterers Services
Alternatives to Violence
24-Hr. Hotline:
(856) 935-6655
Tollfree:
1-888-632-9511
Somerset County
RESOURCE CENTER FOR WOMEN AND THEIR FAMILIES
427 Homestead Road, Hillsborough, NJ 08844
Emergency Shelter
24-Hr. Hotline:
1-866-685-1122
TTY:
(908) 359-8604
Office:
(908) 359-0003
Fax:
(908) 359-8881
Email:
info@rcwtf.org
www.rcwtf.org
Web:
Outreach
Ph:
(908) 359-0003
Batterers Services
Batterer's Referral Line
Ph:
1-866-685-1122
Transitional Housing Available

Sussex County
DOMESTIC ABUSE SERVICES, INC.
PO Box 805, Newton, NJ 07860
Emergency Shelter
24 Hr. Hotline:
(Collect Calls Accepted)
(973) 875-1211
TTY:
(973) 875-6369
Office:
(973) 579-2386
Fax:
(973) 579-3277
Email:
dasi@nac. net
www.dasi.org
Web:
Outreach
Ph:
(973) 579-2386
TTY:
(973) 579-6593
Fax:
(973) 579-3277
Sexual Trauma Resource Center
PO Box 805, Newton, NJ 07860
24 Hr. Hotline
(973) 875-1211
Ph:
(973) 300-5609
TTY
(973) 875-6369
Fax:
(973) 579-3277
Batterers Services
DECIDE Program
PO Box 295, Newton, NJ 07860
Ph:
(973) 579-2500
Fax:
(973) 579-1273
Domestic Violence Assessment Center of Sussex County
PO Box 295, Newton, NJ 07860
Ph:
(973) 579-9666
Fax:
(973) 579-1273
-

Union County
PROJECT: PROTECT
c/o YWCA of Eastern Union County
1131 East Jersey Street, Elizabeth, NJ 07201
Emergency Shelter
24-Hr. Hotline:
(908) 355-4357
TTY:
(908) 355-1023
Office:
(908) 355-1500
Fax:
(908) 355-0534
Email:
info@ywcamail.com
Outreach
Ph:
(908) 355-1995
Batterers Services
Men Against Violence, c/o YWCA
Ph:
(908) 355-1995
ALTERNATIVES FOR MEN - BATTERERS SERVICES
Mental Health Association
23 North Avenue East, Cranford, NJ 07016
Ph:
(908) 272-0304
Fax:
(908) 272-5696

Warren County
DOMESTIC ABUSE & RAPE CRISIS CENTER (DARCC)
PO Box 423, Belvidere, NJ 07823
Emergency Shelter
24-Hr. Hotline:
(908) 475-8408
Tollfree:
1-866-6BE-SAFE (1-866-623-7233)
TTY:
(908) 453-2553
Office:
(908) 453-4121
Fax:
(908) 453-3706
Web:
www.darcc.org
Outreach Services
78 South Main St, Phillipsburg, NJ 08865
Ph:
(908) 475-8408
Batterers Services
Ph:
(908) 813-8820

Updated January 2006
S:\Domestic Violence\New DV Manual Issues\25 Guide to Services for Victims of Domestic Violence.doc

D

omestic violence, or battering, is a pattern
of abusive behaviors that some individuals
use to control their intimate partners. Battering
can include physical, sexual and emotional abuse,
and other controlling behaviors. The following
questions may help you decide whether you are
being abused.
Does your partner ever:
	 Hit, kick, shove or injure you?
n	 Use weapons/objects against you or
threaten to use them?
n	 Force or coerce you to engage in
unwanted sexual acts?
n	 Threaten to hurt you or others, or to
disclose your sexual orientation or other
personal information?
n	 Control what you do and who you see
in a way that interferes with your work,
education or other personal activities?
n	 Steal or destroy your belongings?
n	 Constantly criticize you, call you names or
put you down? Make you feel afraid?
n	 Deny your basic needs such as food,
housing, clothing, or medical and physical
assistance?
n

Help is Available
Many places offer 24-hour support, emergency
shelter, advocacy and information about resources
and safe options for you and your children.
For assistance, call:

National Domestic Violence Hotline
(assistance available in over 140 languages)

1-800-799-SAFE (7233)
1-800-787-3224 TTY
Or access your local resources:

NJ Statewide Domestic Violence Hotline
(Translators available in any language)

1-800-572-SAFE (7233)
609-392-2990 TTY

Domestic Violence...
Putting the Pieces
Together

Finding
Safety
and
Support

NJ Coalition for Battered Women
(609) 584-8107
(609) 584-0027 TTY
Division on Women
(609) 292-8840
(609) 777-0799 TTY
Women’s Referral Central
1-800-322-8092

If you answered “yes” to any
of the above, it may be time
to think about your safety.

This brochure is part of a series developed by the Public
Education Technical Assistance Project of the National
Resource Center on Domestic Violence. It can be freely
reproduced. For more information, call 1-800-537-2238 /
1-800-553-2508 TTY.

NJ Department of Community Affairs
Division on Women
101 South Broad Street – PO Box 801
Trenton, NJ 08625-0801
609-292-8840 l TTY 609-777-0799
dow@dca.state.nj.us l www.nj.gov/dca/dow

It Can Happen to Anyone
Domestic violence is a serious problem that has
been happening for centuries. In the U.S. each
year, it affects millions of people, most often
women. Domestic violence can happen to anyone
regardless of employment or educational level,
race or ethnic background, religion, marital status,
physical ability, age or sexual orientation.

It is NOT Your Fault
If you are being abused by your partner, you may
feel confused, afraid, angry or trapped. All of
these emotions are normal responses to abuse. You
may also blame yourself for what is happening.
No matter what others might say, you are never
responsible for your partner’s abusive actions.
Batterers choose to be abusive.

Identifying Support

Planning for Safety

Developing a support network can be very helpful
to you as you plan for safety. There are many
places to turn for assistance.

Without help, domestic violence often continues
to get more severe over time. It sometimes can
become deadly.

Community Support

To Increase Your Safety:

Friends, family, women’s and community groups,
churches and service providers (such as legal,
health and counseling centers) can provide a
variety of resources, support and assistance.

Domestic Violence Services
In many communities, there are organizations
that provide free and confidential help to
individuals who are being battered. Information
about finding and using these services is on the
back of this brochure.

Legal Options
Criminal Charges
If you or other loved ones have been physically
injured, threatened, raped, harassed or stalked,
you can report these crimes to the police.
Criminal charges may lead to the abuser being
arrested and possibly imprisoned.

Restraining/Protective Orders
Even if you don’t want to press criminal charges,
you can file for a civil court order that directs
your partner to stay away from you. In many
states, restraining/protective orders can also evict
your partner from your home, grant support
or child custody, or ban him/her from having
weapons.

	

n

	

	

n

	

	

n

	

	

n

	

	

n

	

	

n

	

Tell others you trust, such as friends,
family, neighbors and co-workers, what
is happening and talk about ways they
might be able to help.
Memorize emergency numbers for the
local police (such as 911), support persons
and crisis hotlines.
Identify escape routes and places to go if
you need to flee from an unsafe situation
quickly.
Talk with your children about what they
should do if a violent incident occurs or
if they are afraid.
Put together an emergency bag with
money/checkbooks, extra car keys,
medicine, and important papers such as
birth certificates, social security cards,
immigration documents, and medical
cards. Keep it somewhere safe and
accessible, such as with a trusted friend.
Trust your instincts – if you think you
are in immediate danger, you probably
are. Get to a safe place as soon as you
can.

NO ONE deserves to
be battered.

NJ COALITION FOR BATTERED WOMEN

Batterers Intervention Program Standards
The following standards were developed by the New Jersey Coalition for
Battered Women in 1998 in conjunction with its Batterers Intervention Programs
(BIP's) and BIP's outside of the Coalition membership. The Coalition considers
these standards to be very basic minimum standards. The Coalition will be
developing more detailed standards in the future.

I.

Goals of Batterers Intervention Programs

II. Program Structure and Operation
III. Staffing
IV. Victim Confidentiality

I. Goals of Batterers Intervention
Programs
~.
1) To protect victims and their children.
2) To hold perpetrators accountable for their violent and abusive behaviors
towards family/community and self.
3) To empower batterers to make nonviolent choices.

II. Proqram Structure and Operations

1) Group format is preferred to individual intervention. Couples counseling is
contraindicated where domestic violence exists in a relationship. Couples
counseling is not considered a form of BIP.
2)

Length of the program is ideally 52 weeks or longer; 26 weeks is the

NJ COALITION FOR BATTERED WOMEN
minimum.
3) Each group should run from 1.5 to 2.5 hours, once a week.
4) Eight to 12 people are the ideal number for a group, particularly with only
one facilitator, but even with two facilitators.
5) Participants must complete the program within a prescribed length of time.
6) Intakes will only be rescheduled once. Batterers are dismissed after missing
two scheduled intake appointments. A letter from the referring Judge
is required to get the batterer back into the program.
7) Where fees are charged, they must be paid in full before a compliance letter
goes to the court.
8) Batterers may miss four scheduled group sessions, but those sessions
must be made up within the program's time frame.
10) Programs will contact the referring court regarding compliance/noncompliance with court ordered attendance and participation requirements.

I". Staff
1)

Co-facilitation is preferred, ideally by a male and female team.

2)

A Masters level program supervisor with a NJ Domestic Violence
Specialist (DVS) certification is preferred; otherwise the supervisor should
have the equivalent 180 hours of DV education and 2,000 hours of
experience working in the domestic violence field. Experience working
with victims and children should be a prerequisite to working with
batterers.

3)

Accountability with people who represent as much of the racial, ethnic,
and sexual diversity of society as possible, is encouraged. Batterers
groups would ideally be videotaped, audio taped, peer supervised and/or
clinically supervised, particularly where only one facilitator conducts the
intervention.

NJ COALITION FOR BATTERED WOMEN

IV. Victim Confidentialitv

1)

Batterers Service Providers have a duty to warn victims based on the
1976 Tarasoff decision. (A therapist's duty to warn a victim through
notifying both the victim and law enforcement authorities).

2)

When victim contact occurs, either through outreach by the domestic
violence program or by the victim, information about services available for
the victim should always be provided. Victims, however, should never be
pressured to attend domestic violence programs.

3)

Service providers receiving information from victims about a batterer's
violent behavior are encouraged to use that information carefully to
develop specific interventions with the batterer. Service providers are
reminded that victim confidentiality and safety are paramount. Victim
confidentiality must be maintained unless a written waiver is provided by
the victim.

4)

While victims may be strongly encouraged to report further violence to the
batterers program, and certainly to the police and legal system; victims
should never be pressured to divulge information which they are not
comfortable revealing, or to provide a confidentiality waiver while fearing
such actions will put them in further danger from the batterer.

5)

Service providers must remain cognizant that batterers programs can
never promise to protect victims when confidentiality is waived, and should
encourage victims to have a safety plan.

Preferred arrest policies for domestic violence in Ohio have increased the number of batterers seen in criminal courts. When
available, Batterer Intervention Programs* (BIPS')offer courts a treatment approach that holds batterers accountable, while striving to
change their behavior. Unfortunately, poorly run or improperly constructed BIPsalso can pose increased risks to victims of domestic
violence. Therefore, it is important that courts understand the critical elements of effective BIPs. This guide was adapted from the
Ohio Domestic Violence Network's Self-Evaluation Tool for Batterers Intervention Programs to help Ohio judges consider the quality
of existing programs.

0

Doesthe programhavewritten procedures
for victimsafetyto:

0
0
0
0

0

Screenat intake and periodically thereafter for lethality/dangerousness toward partner and children?
Warn a victim in caseswhere a potential riskof harm has been identified by program staff (often referredto
asthe "duty to warn" policy)?
Limit the confidentiality of SIPclients (e.g., authorizations to releaseinformation)?
Contact victims safely and appropriately according to the procedure developed with assistancefrom the local
domestic violence programs**?

Doesthe prcgramseekinputfrom the localdomesticviolenceprogramto:

0
0
0
0

Develop procedures

for victim contact?

Train SIP providers on domestic violence and victimization in general?
Monitor the SIP through observation by skilled staff trained in the dynamics of domestic violence?
Provide interventions for women who are arrested for domestic violence, including

procedures 'that

determine the primary aggressor and protect victims from being placed in groups with ?atte'rers?

0

DoestheBIPhavewrittenprocedures
for providing
information
to thecourtsthatspecify:

0
0
0
0

0

Information exchange between BIPstaff and probation officers,judges, court clerks, or another
desig~ated
agent?
"
The n~c~,ssaryinformation to effectively monitor batterers (e.g., attendance, any non-compliance or
lack o~\Progress)?
Timelinesfor regular reporting (e.g., weekly or monthly)?
Require\nentsfor additional reports in exceptional circumstances?

Doesthe programworkcollaborativelywithin the community?Is the program:

0
0
0
0
0

Representedon the local domestic violence taskforce or other coordinating efforts?
Included in the inter-agency protocols that clarify roles and responsibilitiesbetween law enforcement,
service providers, and the courts within the community?
Involved in collaborative efforts to provide education to other professionalsand in the community?
Able to clearly explain the processfor receiving referral from all possiblesources, including appropriate
contact persons and the procedural requirements for each agent (e.g., the information required for a
referral and timing)?
Able to place victim safety as first priority?

0

0

Doesthe programsupport81P clients by:

0
0

Informingthem of program policies and procedures?

0

Providing outreach to underserved populations by building collaborative relationship with diverse
communities?

0
0
0

Ensuring client participation is for a minimum length of 52 weeks with 1.5 hours sessions?

Providing or making referrals-for servicesto addresscommon problems such as substanceabuse, mental
health, and or physical disability?

Including group education and intervention strategies?

Ensuringregularoversightof sessionsby supervisorsexperienced in batterer interventions?

Doestheprogram
supportstaffwithregular,in-servicetraining:

0

That includes a core written curriculum that focuses on the behavior of a batterer as a system of
oppression, with stopping all forms of abuse and victim safety as the primary goals?

0
0
0

0

That teaches the power imbalance between men and women?
Based on a male/female, co-facilitator model?
That offers training opportunities for staff to further their knowledge
general as well as in batterer intervention?

and skills in domestic violence in

Doesthe programdemonstrate
its efficacyby:

0
0
0
0

Basing its practices on accepted clinicalinterventions and domestic violence research?
Establishing measuresto evaluate program effectivenesson clients?
Developing long-term outcome measures on batterer recidivism?
Working closely with the local research community and domestic violence programs?

* Batterer intervention program refers to a program that provides treatment for male domestic violence perpetrators.

** Domestic violence program refers to a community-based program that directlyserves victims,including shelters and
other agencies that advocates for victimsand their children.

About the Ohio Domestic Violence Network (ODVN)
ODVNisa statewide coalition of domestic violence programs, supportive agencies, and concerned individualsorganizing
to ensure the elimination of domestic violence by: providing technical assistance, resources, information, and training to
all who address or are affected by domestic violence; and promoting social and systems change through public policy,
public awareness, and education initiatives.
For more detailed information, contact ODVN at (800) 934-9840 or info@odvn.org. The ODVN Standardsfor Batterers
Interventions and an accompanying Self-EvaluationGuide are available online at www.odvn.org.

DOMESTIC VIOLENCE
Guidelines for the Enforcement of Out-of-State Restraining Orders or Orders of
Protection in Domestic Violence Cases
Issued April 1996
Revised September 2000
Introduction: The Full Faith and Credit provision of the Violence Against Women Act
(VAWA), 18 U.S.C.A. 2265, requires that out-of-state domestic violence restraining
orders or orders of protection be recognized and enforced as if they were orders of a
New Jersey court. The out-of-state order is to be enforced in this State even if

I.

II.

A.

The victim would not be eligible for a restraining order or an order of
protection in this State.

B.

The foreign order grants the named applicant more relief than the person
would have received under New Jersey law.

Definitions
A.

Out-of-State domestic violence restraining orders (also known as
“foreign”) orders of protection include any court order issued by any other
state, Indian tribe, territory or possession of the United States, Puerto
Rico or the District of Columbia, whether or not the order is similar to a
restraining order issued in the State of New Jersey.

B.

Mutual Order of Protection is a single court order entered against both
parties and requiring both parties to abide by the conditions of the order.
Under the VAWA, mutual orders of protection are discouraged. Under
New Jersey law, mutual orders of protection are prohibited. However,
each party may obtain a separate restraining order against the other
party. This would not be considered a mutual order of protection.

C.

Emergency Situation would include a situation that presents a need for
immediate action by the police to protect the victim against violent
behavior, threats or violations of a non-contact order.

D.

Non-emergency Situation would include a situation where there is a
request for enforcement of child support, changes in visitation or any other
modification or enforcement request that does not involve violent
behavior, threats or a violation of a non-contact order.

Responding Officers Procedures
1

(9/00)

Guidelines for the Enforcement of Out-of-State Restraining Orders
A.

Emergency Situations
In an emergency situation, the restraining order or order of protection
should be presumed valid when presented to an officer. The primary
responsibility of the officer should be to ensure the safety of the holder of
the out-of-state order and, secondarily, to verify the validity of the order.
1.

If the named defendant in the court order committed a criminal
offense under New Jersey law against the victim and appeared to
have violated the court order, the officer should arrest the
defendant and sign the criminal complaint against the defendant for
the criminal offense. The officer also should charge the defendant
with contempt, N.J.S.A. 2C:29-9a.

2.

If the named defendant committed no criminal offense but appears
to be in violation of the out-of-state no-contact order, the officer
should determine whether the order appears to be facially valid.
a.

If the court order appears to be facially valid, the officer
should arrest the defendant for violating the terms of the
court order. The defendant should be charged with
contempt, N.J.S.A. 2C:29-9a.

b.

An order will be considered facially valid if:

c.

(1)

the order contains the names of the correct parties,
and,

(2)

the order has not expired, and,

(3)

the victim informs the officer that the named
defendant appeared at the court hearing or had
notice to appear in court when the court order was
issued.

In most states a restraining order or an order of protection
has a specified expiration date. The officer must review the
court order to determine whether it remains valid. Only New
Jersey and Washington State have court orders with no
stated expiration dates. In these two states, a final
restraining order remains in effect until modified or vacated
by a court.
2

(9/00)

Guidelines for the Enforcement of Out-of-State Restraining Orders
d.

3.

4.

Defects on the face of the order, such as boxes indicating no
service checked, do not invalidate the enforcement of the
order. In such cases, the officer should ask the victim about
the apparent defects to determine whether the defendant
had been served with the order or has knowledge that the
order was issued.

If the victim does not have a copy of the out-of-state court order
and the officer cannot determine the existence of the court order or
if the court order contains an apparent defect which would cause a
reasonable officer to question its authenticity, the officer should
a.

arrest the actor if the criteria of the New Jersey Domestic
Violence Act, N.J.S.A. 2C:25-17 et seq., have been met and
if a criminal offense had been committed, and

b.

assist the victim in obtaining a temporary restraining order in
accordance with departmental procedures, or

c.

if the officer determines that a non-emergency situation
exists, explain to the victim the procedure to obtain a
domestic violence restraining order in New Jersey.

If the responding officer has probable cause to believe that a
defendant, who is no longer at the scene, has
a.

violated the provisions of a valid restraining order and/or

b.

committed a criminal offense requiring arrest under N.J.S.A.
2C:25-21a,

Then the officer should follow standard departmental operating procedure
for dealing with a criminal suspect who has fled the scene.
B.

Non-Emergency Situations
In a non-emergency situation, the officer should refer the victim to the
appropriate court so the victim may seek to obtain appropriate relief in
accordance with the foreign restraining order or order of protection. If the
victim had moved into New Jersey from another state, the officer should
refer the victim to the Family Part of Superior Court in the county where
the victim is then located. If the victim is only temporarily in New Jersey,
the officer should refer the victim to the court where the victim is then
3

(9/00)

Guidelines for the Enforcement of Out-of-State Restraining Orders
residing.
C.

Mutual Orders of Protection
The plaintiff of a mutual order of protection from another state is entitled
to full faith and credit in this State to the same degree as if the order had
been issued solely on the plaintiff’s behalf. The defendant of a mutual
order of protection from another state would be entitled to relief if:
1.

The defendant had filed a written pleading seeking this protective
order, and

2.

The court had made specific findings on the record that the
defendant was entitled to the order.

Note: The enforcement of a mutual order of protection by a defendant
should be a relatively rare occurrence. In non-emergent situations, the
defendant should be referred to the appropriate court for relief.
III.

Violations of Federal Law
If the responding officer determines that the defendant in the out-of-state
restraining order or order of protection traveled across a state line with the intent
to engage in conduct that violates a portion of the court order or to injure, harass,
or intimidate the named victim in the court order, the officer should report this
fact to the designated Assistant County Prosecutor who will determine whether
the case should be referred to the U.S. Attorney’s Office for the appropriate
action pursuant to 18 U.S.C.A. 2261 and 2262.
Note: An officer should not charge a violation of federal law since the officer
does not have federal jurisdiction.

IV.

Immunity from Civil Liability
N.J.S.A. 2C:25-22 provides that a law enforcement officer shall not be held liable
in any civil action brought by any party for an arrest based on probable cause
when that officer in good faith enforced a court order. Under the qualified
immunity doctrine, a law enforcement officer may also assert immunity to federal
actions brought under 42 U.S.C.A. sec. 1983.

4

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ALL STATES POLICE DEPARTMENTS
PHONE LIST

ALABAMA

DISTRICT OF COLUMBIA

334-242-4371
Fax 334-242-0934, 242-0512

202-727-4218
Fax 202-727-9524

ALASKA

FLORIDA

907-269-5511
Fax 907-337-2059

850-488-4885
Fax 850-922-0148

ARIZONA

GEORGIA

602-223-2000
Fax 602-223-2910

404-624-7710
Fax 404-624-6706

ARKANSAS

HAWAII

501-618-8000
Fax 501-618-8222

808-538-5656
Fax 808-538-5684

CALIFORNIA

IDAHO

916-657-7152
Fax 916-657-7324

208-884-7200
Fax 208-884-7290

COLORADO

ILLINOIS

303-239-4500
Fax 303-239-4416

217-782-7263
Fax 217-785-2821

CONNECTICUT

INDIANA

860-685-8250
Fax 860-685-8361

317-232-8200
Fax 317-232-0652, 232-5682

DELAWARE

IOWA

302-739-5911
Fax 302-739-5982

515-281-5824
Fax 515-242-6305

1

KANSAS

MONTANA

785-296-6800
Fax 785-296-3049

406-444-3780
Fax 406-479-4169

KENTUCKY

NEBRASKA

502-695-6300
Fax 502-573-1479

402-471-4545
Fax 402-479-4002

LOUISIANA

NEVADA

225-925-6006
Fax 225-925-3742

775-684-4870
Fax 775-684-4879

MAINE

NEW HAMPSHIRE

207-624-7068
Fax 207-624-7088

603-271-3636
Fax 603-271-2527

MARYLAND

NEW JERSEY

410-486-3101
Fax 410-653-9651

609-882-2000
Fax 609-530-9708

MASSACHUSETTS

NEW MEXICO

508-820-2300
Fax 508-820-9630

505-827-9002
Fax 505-827-3395

MICHIGAN

NEW YORK

517-332-2521
Fax 517-336-6551

518-457-6811
Fax 518-457-3207

MINNESOTA

NORTH CAROLINA

651-297-3935
Fax 651-296-5937

919-733-7952
Fax 919-733-1189

MISSOURI

NORTH DAKOTA

573-751-3313
Fax 573-751-9921

701-328-2455
Fax 701-328-1717

2

OHIO

UTAH

614-466-2660
Fax 614-752-6409

801-965-4461
Fax 801-965-4608

OKLAHOMA

VERMONT

405-425-7709
Fax 405-425-7039

802-244-8718
Fax 802-241-5551

OREGON

VIRGINIA

503-378-3720
Fax 503-378-8282

804-674-2000
Fax 804-674-2267

PENNSYLVANIA

WASHINGTON

717-783-5599
Fax 717-787-2948

360-753-6540
Fax 360-753-2492

RHODE ISLAND

WEST VIRGINIA

401-444-1000
Fax 401-444-1105

304-746-2111
Fax 360-746-2246

SOUTH CAROLINA

WISCONSIN

803-896-7920
Fax 803-896-7922

608-267-7102
Fax 608-267-4495

SOUTH DAKOTA

WYOMING

605-773-3105
Fax 605-773-6046

307-777-4301
Fax 307-777-4282

TENNESSEE
615-251-5166
Fax 615-253-2091
TEXAS
512-424-2000
Fax 512-424-2603

3

GUAM
State Court
671-475-3420
Fax 671-477-1500
NORTHERN MARIANA ISLANDS
State Court
670-236-9700
Fax 670-236-9702
PUERTO RICO
State Court
787-723-6033
Fax 787-724-5090
VIRGIN ISLANDS
State Court
340-774-6680
Fax 340-776-8690

S/domestic violence/allstatespolicedeptphone

4

ALL STATES ADMINISTRATIVE OFFICES OF THE COURTS
DIRECTORY
ALABAMA
300 Dexter Avenue
Montgomery, AL 36104
334-242-0300
FAX 334-242-2099
ALASKA
Administrative Director of the Courts
303 K Street
Anchorage, AK 99501
907-264-0547
FAX 907-264-0881
ARIZONA
Arizona State Courts Building
1501 West Washington
Phoenix, AZ 85007-3327
602-542-9301
FAX 602-542-9484
ARKANSAS
1100 Justice Building
625 Marshall Street
Little Rock, AR 72201
501-682-9400
FAX 501-682-9410
CALIFORNIA
455 Golden Gate Avenue
San Francisco, CA 94102-3660
415-865-4200
FAX 415 865-4228

1

COLORADO
Office of the State Court Administrator
1301 Pennsylvania , Suite 300
Denver, CO 80203
303-861-1111
FAX 303-837-2340
CONNECTICUT
Office of the Chief Court Administrator
Supreme Court Building
231 Capitol Avenue
Hartford, CT 06106
860-757-2100
FAX 860-757-2130
DELAWARE
Carvel State Building, 11th Floor
820 North French Street
Wilmington, DE 19801-3509
302-577-8481
FAX 302-577-3139
DISTRICT OF COLUMBIA
Executive Office of the D.C. Courts
500 Indiana Avenue, N.W., Rm. 1500
Washington, D.C. 20001
202-879-1700
FAX 202-879-4829
FLORIDA
Office of the State Courts Administrator
Supreme Court Building
500 South Duval Street
Tallahassee, FL 32399-1900
850-922-5082
FAX 850-488-0156

2

GEORGIA
244 Washington Street, S.W., Suite 300
Atlantic, GA 30334-5900
404-656-5171
FAX 404-651-6449
HAWAII
Administrative Director of the Courts
Supreme Courts Building
417 South King Street
Honolulu, HI 96813
808-539-4900
FAX 808-539-4855
IDAHO
Idaho Supreme Court
451 West State Street
Boise, ID 83702
Mailing Address:
P.O. Box 83720
Boise, ID 83720-0101
208-334-2246
FAX 208-334-2146
ILLINOIS
840 South Spring Street
Springfield, IL 62704
217-785-2125
FAX 217-785-3793
INDIANA
115 West Washington St., Suite 1080
Indianapolis, IN 46204
317-232-2542
FAX 317-233-6586

3

IOWA
State Capitol, Rm. G02
1007 East Grand
Des Moines, IA 50319
515-281-5241
FAX 515-242-0014
KANSAS
Judicial Center, Rm. 337
301 S.W. Tenth Avenue
Topeka, KS 66612-1507
785-296-4873
FAX 785-296-7076
KENTUCKY
100 Millcreek Park
Frankfort, KY 40601
502-573-2350
FAX 502-695-1759
LOUISIANA
Office of Judicial Administrator
1555 Poydras Avenue, Suite 1540
New Orleans, LA 70112
504-568-5747
FAX 504-568-5087
MAINE
62 Elm Street
P.O. Box 4820
Portland, ME 04112
207-822-0792
FAX 207-822-0781

4

MARYLAND
Maryland Judicial Center
580 Taylor Avenue
Annapolis, MD 21401
410-260-1400
FAX 410-974-5577
MASSACHUSETTS
Administrative Office of the Judicial Court
1400 New Courthouse
Boston, MA 02108
617-557-1193
FAX 617-557-1052
MICHIGAN
State Court Administrative Office
309 North Washington Square
P.O. Box 30048
Lansing, MI 48909
517-373-0130
FAX 517-373-2112
MINNESOTA
25 Constitution Avenue
St. Paul, MN 55155
651-296-2474
FAX 651-215-6004
MISSISSIPPI
656 North State
Jackson, MS 39201
Mailing Address:
P.O. Box 117
Jackson, MS 39205
601-354-7406
FAX 601-354-7459

5

MISSOURI
Office of State Courts Administrator
2112 Industrial Drive
P.O. Box 104480
Jefferson City, MO 65110-4480
573-751-4377
FAX 573-751-5540
MONTANA
Justice Building, Rm. 315
215 North Sanders
Helena, MT 59620
Mailing Address:
P.O. Box 203002
Helena, MT 59620-3002
406-444-2621
FAX 406-444-0834
NEBRASKA
1220 State Capitol
P.O. Box 98910
Lincoln, NE 68509
402-471-3730
FAX 402-471-2197
NEVADA
Supreme Court Building
Capitol Complex, Suite 250
201 South Carson Street
Carson City, NV 89701-4702
775-684-1700
FAX 775-684-1723
NEW HAMPSHIRE
Two Noble Drive
Concord, NH 03301
603-271-2521
FAX 603-271-3977

6

NEW JERSEY
Richard J. Hughes Justice Complex
25 West Market Street
P.O. Box 983
Trenton, NJ 08625
609-984-4228
FAX 609-984-0067
NEW MEXICO
Supreme Court Building, Rm. 25
237 Don Gaspar Street
Sante Fe, NM 87501-2178
505-827-4800
FAX 505-827-4824
NEW YORK
Office of Court Administration
25 Beaver Street
New York, NY 10004
212-428-2100
FAX 212-428-2819
NORTH CAROLINA
Justice Building
2 East Morgan Street
Raleigh, NC 27601
Mailing Address:
P.O. Box 2448
Raleigh, NC 27602-2448
919-733-7107
FAX 919-715-5779
NORTH DAKOTA
Office of State Court Administrator
State Capitol, Judicial Wing
600 East Boulevard Avenue, Dept. 180
Bismarck, ND 58505-0530
701-328-4216
FAX 701-328-4480

7

OHIO
Supreme Court of Ohio
30 East Broad Street, 3rd Floor
Columbus, OH 43266-0419
614-466-2653
FAX 614-752-8736
OKLAHOMA
1915 North Stiles, Suite 305
Oklahoma City, OK 73105
405-521-2450
FAX 405-521-6815
OREGON
Office of State Court Administrator
Justice Building, Rm. 510
1162 Court Street
Salem, OR 97301-2563
Mailing Address:
Supreme Court Building
1163 State Street
Salem, OR 97301-2563
503-986-5500
FAX 503-986-5503
PENNSYLVANIA
Administrative Office of Pennsylvania Courts
1515 Market Street, Suite 1414
Philadelphia, PA 19102
215-560-6300
FAX 215-560-6315
RHODE ISLAND
250 Benefit Street
Providence, RI 02903
401-222-3266
FAX 401-222-5131

8

SOUTH CAROLINA
Court Administration
1015 Sumter Street, Suite 200
Columbia, SC 29201
803-734-1800
FAX 803-734-1821
SOUTH DAKOTA
State Capitol
Pierre, SD 57501-5070
605-773-3474
FAX 605-773-5627
TENNESSEE
511 Union Street, Suite 600
Nashville, TN 37219
615-741-2687
FAX 615-741-6285
TEXAS
205 West 14th Street, 6th Floor
Austin, TX 78701
Mailing Address:
P.O. Box 12066
Austin, TX 78711-2066
512-463-1625
FAX 512-463-1648
UTAH
450 South State Street, 3rd Floor
Salt Lake City, UT 84111
Mailing Address:
P.O. Box 140241
Salt Lake City, UT 84114-0241
801-578-3806
FAX 801-578-3843

9

VERMONT
111 State Street
Montpelier, VT 05609-0701
Mailing Address:
109 State Street
Montpelier, VT 05609-0701
802-828-3278
FAX 802-828-3457
VIRGINIA
Supreme Court of Virginia
100 North 9th Street, 3rd Floor
Richmond, VA 23219
804-786-6455
FAX 804-786-4542
WASHINGTON
Temple of Justice
P.O. Box 41174
Olympia, WA 98504-1174
360-357-2121
FAX 360-357-2127
WEST VIRGINIA
Supreme Court of Appeals of W.VA
E-100 State Capitol
Charleston, WV 25305
304-558-0145
FAX 304-558-1212
WISCONSIN
119 Martin L. King, Jr. Blvd.
Suite LL2
Madison, WI 53703
Mailing Address:
Supreme Court
P.O. Box 1688
Madison, WI 53701-1688
608-266-6828
FAX 608-267-0980

10

WYOMING
Supreme Court Building
2301 Capitol Avenue
Cheyenne, WY 82002
307-777-7480
FAX 307-777-3447
-----------------------------------------------------------------------------------------------------------GUAM

VIRGIN ISLANDS

Superior Court of Guam
Guam Judicial Center
120 West O’Brien Drive
Hagatna, GU 96910
671-475-3544, 475-3330
FAX 671-477-3184

Territorial Court of the Virgin Islands
5500 Veterans Drive
Saint Thomas, VI 00802
Mailing Address:
P.O. Box 70
Saint Thomas, VI 00804
340-774-6680
FAX 340-776-8690

NORTHERN MARIANA ISLANDS
Supreme Court of The Commonwealth
Northern Mariana Islands
House of Justice
P.O. Box 502165
Saipan, MP 96950
670-236-9700
FAX 670-236-9702
PUERTO RICO
Office of Courts Administration
General Court of Justice
6 Vela Street, Stop 35 ½
Hato Rey, PR 00919
Mailing Address:
P.O. Box 190917
San Juan, PR 00919-0917
787-641-6623,24
FAX 787-250-7448

Information Obtained from NJ Lawyers Diary, 2002

11

APPENDIX XVI – UNIFORM SUMMARY SUPPORT ORDER (R. 5:7-4)
VS
DEFENDANT
SUPERIOR COURT OF NEW JERSEY

PLAINTIFF

Chancery Division-Family Part
Obligor

Obligee

HEARING DATE
______/______/______

Obligor

COUNTY OF

Obligee

WELFARE / U.R.E.S.A.#

PROBATION ACCT#
CS

Attorney for Plaintiff:

CIVIL ACTION ORDER
Page 1 of 2
DOCKET #

Attorney for Defendant:

This matter having been opened to the court by:

Plaintiff

Defendant

County Welfare Agency

Probation Division

Family Division for an ORDER:

IS HEREBY ORDERED THAT: The obligor shall pay support for the spouse named above and/or unallocated support for the child(ren) named below:

CHILD’S NAME

BIRTH DATE

CHILD’S NAME

1.

4.

2.

5.

3.

6.

BIRTH DATE

PATERNITY of child(ren) (# above) ________________ Is acknowledged by defendant, and an ORDER of paternity is entered.
Support shall be paid to the New Jersey Family Support Payment Center by income withholding in the amount of:
+

Child Support

+

Spousal Support

payable

=

Arrears Payment

Total

effective

Frequency

__/__/__

Date

ARREARS: are to be calculated by the Probation Division based upon amounts and effective date noted above.
ARREARS: indicated in the records of the Probation Division, are $______________ as of _____/_____/_____.
GROSS WEEKLY INCOMES of the parties, as defined by the Child Support Guidelines, upon which this ORDER is based:
PLAINTIFF = $________________________

DEFENDANT = $_______________________

INCOME WITHHOLDING is hereby ORDERED on current and future income sources, including:
Name of income source:
Address of income source:
____________________________________
________________________________________
OBLIGOR SHALL, however, make payments AT ANY TIME the full amount of support and/ or arrears are not withheld.
MEDICAL INSURANCE coverage for the child(ren) and/or spouse as available at reasonable cost shall be provided by the
Obligor
Obligee
Both

The parties shall divide extraordinary medical expenses of the child(ren) that are unreimbursed by insurance, as follows:

__________________% Obligor
_______________% Obligee
Proof of Medical Insurance availability shall be provided to the Probation Division by _____/_____/_____.
If coverage is available, duplicate Medical Insurance I.D. card(s) as proof of coverage for the child(ren)/spouse shall be provided by the
obligor
obligee immediately upon availability, via the Probation Division.
Health insurance benefits are to be paid directly to the health care provider by the insurer.

BLOOD/GENETIC TESTING to assist the court in determining paternity of the child(ren) (#______) is hereby ORDERED.
The county welfare agency in the county of residence of the child shall bear the cost of said testing, without prejudice to final allocation of said costs. If
defendant is later adjudicated the father of said child(ren), defendant shall reimburse the welfare agency for the costs of said tests, and pay child support
retroactive to _____/_____/_____.
This matter is hereby RELISTED for hearing on ____/____/____ before ____________________________________. A copy of this ORDER shall serve as
the summons for the hearings. No further notice for appearance shall be given. Failure to appear may result in a default order, bench warrant, or dismissal.

AN EMPLOYMENT SEARCH MUST BE CONDUCTED BY THE obligor. Written records of at least #______employment contacts per week must be
presented to the Probation Division. If employed, proof of income and the full name and address of employer must be provided immediately to the
Probation Division.

PLAINTIFF

VS

DEFENDANT

DOCKET#

PAGE 2 OF 2
HEARING DATE ____/____/____

THIS ORDER IS ENTERED BY DEFAULT. The obligor was properly served for court appearance on ____/____/____ and failed to appear.

(Service noted below).

A BENCH WARRANT for the arrest of the obligor is hereby ORDERED. The obligor was properly served with notice for court appearance on
____/____/____, failed to appear, and is in violation of litigant’s rights for failure to comply with the support ORDER (Service noted below). A payment of
$_________ shall be required to purge the warrant. Said payment shall be applied to the arrears.
SERVICE upon which this order is based:
Personal Service
Certified Mail:
Signed by: ______________________
Date: __/__/___

Refused
Returned Unclaimed

Regular Mail (not returned)
Other:

FUTURE MISSED PAYMENT(S) numbering ________or more may result in the issuance of a warrant, without further notice or hearing, for the arrest of

the obligor.

A LUMP SUM PAYMENT OF $______ must be made by the obligor by _____/_____/_____, or a bench warrant for the arrest of the obligor shall issue.
This complaint is hereby INACTIVATED, pending ____________________________________________________________________________________.
This complaint/motion is hereby DISMISSED, without prejudice, as _______________________________________________________________________.
Order of Support is hereby VACATED effective _____/_____/_____, as _______________________________________________________________
Arrears, if any, as calculated by the Probation Division, prior to the effective date, shall be paid at the rate and frequency noted on page number one of this
ORDER.
It is further ORDERED: _______________________________________________________________________________________________

_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________

Additional Page (s) attached: #____________, #____________.

TAKE NOTICE that all provisions stated on the reverse of page (1) are to be considered part of this ORDER.
I hereby declare that I understand all provisions of this ORDER and do not wish to appeal this day, to the Superior Court::
PLAINTIFF _______________________________________________ ATTORNEY_______________________________________________
DEFENDANT______________________________________________ATTORNEY_______________________________________________

Copies provided to above at hearing.

Copies to be mailed to the parties.

So Recommended to the Court by the Hearing Officer:

Date _____/_____/_____

H.O. _______________________________

Signature __________________________________________

Judge ______________________________

Signature ___________________________________ .J.S..C

So Ordered by the Court::

Date _____/_____/_____

Note: Revised form adopted October 12, 2004 to be effective immediately.

TAKE NOTICE:
1. You must continue to make all payments until the Court order is changed.
2. If your child’s status changes (turns 18, moves in with a different relative, marries, gets a full-time job or other changes), you must
continue to make the same payments until the Court changes the amount you must pay.
3. If your income goes down for reasons you do not control, YOU WILL BE RESPONSIBLE TO PAY THE AMOUNT ORDERED UNTIL
THE COURT CHANGES THE AMOUNT.
4. In order for the Court to change the amount that must be paid, YOU must make a WRITTEN request for the order to change.
Contact the Probation Division where payments are made to find out how to do this.
5. The amount you owe (arrears) can be changed only as of the date of your WRITTEN request. If you delay making your request, you
will have to pay the original amount of support until that date. IT IS IMPORTANT that you request a change as soon as possible after
your income or your child’s status changes (N.J.S.A. 2A:17-56.9).
6. Changes in employment status and address must be reported in writing to the Probation Division within 10 days of the change.
Not providing this information is a violation of this ORDER. The last address you give to Probation will be used to send you notices of
future hearings/proceedings. If you fail to appear, an order may be entered against you (default order) or a warrant may be issued for
your arrest (R. 5:7-4) (R. 1:5-2) (R. 1:4-1[b]).
7. Payments must be made directly to the New Jersey Family Support Payment Center, P.O. Box 4880, Trenton, NJ 08650, unless the
court order says to pay someone else. Gifts, other purchases or in-kind payments made directly to the obligee or child(ren) will not
fulfill your obligation. Credit for payments made directly to the obligee or child(ren) may not be given.
8. Payments are due even when your child is visiting you unless the court orders credit. If both parents agree to credits, it must be
approved by the Court. Failure to have visitation is not an excuse for not paying.
9. THIS ORDER takes priority over payments of debts and other obligations. Payments may not be excused because a party marries or
accepts other obligations.
10. Payments are based on annual income. It is the responsibility of a person with seasonal employment to budget income so the
payments are made regularly throughout the year.
11. Any payment or installment for child support is a “judgment by operation of law” on the date it is due (N.J.S.A. 2A:17-56,23a). Any nonpayment of child support has the effect of a lien against the obligor’s real or personal property. This child support lien may affect you
ability to obtain credit or sell real property.
12. Judgments that result from failure to comply with the ORDERS of this Court are subject to an interest charge at the rate prescribed by
Rule 4:42-11(a).
13. If immediate income withholding is not required when an order is entered or modified or the order was entered before October1, 1990,
the child support may be required to be paid by income withholding when the amount due becomes equal to the amount of support due
for 14 days. Child support orders entered or modified after October 1, 1990 shall include a provision for immediate income withholding
without regard to the amount of the arrearage unless the obligor and obligee agree, in writing, to an alternative arrangement or either
party demonstrates, and the Court finds, good cause for an alternative arrangement (N.J.S.A. 2A:17-56.9).
14. The amount of a Title IV-D child support order is subject to review, by the state IV-D Agency or its designee, and adjustment may be
made, as necessary, by the Court at least once every three years (N.J.S.A. 2A:17-56.9a).
15. Child support arrearage of $1,000 or more shall be reported to consumer credit reporting agencies as a debt owed by the obligor
(N.J.S.A. 2a:17-56.21).
16. Child support arrearage may be reported to the Internal Revenue Service and the State Division of Taxation. Tax refunds/homestead
rebates due the obligor may be taken to pay arrears (N.J.S.A. 2A:17-56.16).
17. Any person who willfully and with the intent to deceive, uses a Social Security number obtained on the basis of false information
provided to Social Security Administration or provides a false or inaccurate Social Security number is subject to a fine or imprisonment
(42 U.S.C. 408(7)). Social Security numbers are collected and used in accordance with section 205 of the Social Security Act (42
U.S.C. 405). Disclosure of the individual’s Social Security number is mandatory. Social Security numbers are used to obtain income,
employment and benefit information on individuals through computer matching programs with federal and State agencies. This
information is used to establish and enforce child support under Title IV-D of the Social Security Act, and to record child support
judgments.
18. The Custodial parent may choose to have medical insurance benefits paid by the insurance carrier of the non-custodial parent remitted
directly to the health care provider. If direct payment to the health care provider is chosen, the custodial parent must provide the
insurer with a copy of the relevant section this order (N.J.S.A. 2A:34-23b).
19. IF this order contains any provision concerning custody and/or visitation, both parties are advised: Failure to comply with the custody
provisions of this court order may subject you to criminal penalties under N.J.S.A. 2c:13-4, Interference with Custody. Such criminal
penalties include, but are not limited to, imprisonment, probation, and/or fines.
Si usted deja de cumplir con las clausulas de custodia de esta ordern del tribunal, puede estar sujeto (sujeta) a castigos
criminals conforme a N.J.S.A. 2C:13-4, Interference with Custody, (Obstruccion de la Custodia). Dichos castigos criminals
incluyen pero no se limitan a encarcelamento, libertad, multas o una combinacion de los tres.

ADDRESS CONFIDENTIALITY PROGRAM ACT
N.J.S.A. 47:4-1. Short title
This act shall be known and may be cited as the "Address Confidentiality
Program Act."
N.J.S.A. 47:4-2. Legislative findings and declarations
The Legislature finds that persons attempting to escape from actual or
threatened domestic violence frequently establish new addresses to prevent
their assailants from finding them. The purpose of this act is to enable public
agencies to respond to requests for public records without disclosing the
location of a victim of domestic violence, to enable interagency cooperation
with the Secretary of State in providing address confidentiality for victims of
domestic violence, and to enable public agencies to accept a program
participant's use of an address designated by the Secretary of State as a
substitute mailing address.
N.J.S.A. 47:4-3. Definitions
As used in this act:
"Address" means a residential street address, school address, or work
address of a person, as specified on the person's application to be a
program participant under this act.
"Program participant" means a person certified by the Secretary of State as
eligible to participate in the Address Confidentiality Program established by
this act.
"Department" means the Department of State.
"Domestic violence" means an act defined in section 3 of P.L.1991, c. 261
(C.2C:25-19), if the act has been reported to a law enforcement agency or
court.
"Secretary" means the Secretary of State.
N.J.S.A. 47:4-4. Address Confidentiality Program created
a. There is created in the department a program to be known as the
"Address Confidentiality Program." A person 18 years of age or over, a

parent or guardian acting on behalf of a minor, or a guardian acting on
behalf of an incapacitated person may apply to the secretary to have an
address designated by the secretary as the applicant's address. The
secretary shall approve an application if it is filed in the manner and on the
form prescribed by the secretary and if it contains:
(1) a sworn statement by the applicant that the applicant has good reason
to believe:
(a) that the applicant is a victim of domestic violence as defined in this act;
and
(b) that the applicant fears further violent acts from the applicant's
assailant;
(2) a designation of the secretary as agent for the purpose of receiving
process and for the purpose of receipt of mail;
(3) the mailing address where the applicant can be contacted by the
secretary, and a telephone number where the applicant can be called;
(4) the new address or addresses that the applicant requests not be
disclosed because of the increased risk of domestic violence; and
(5) the signature of the applicant and any person who assisted in the
preparation of the application, and the date.
b. An application shall be filed with the secretary.
c. Upon approving a completed application, the secretary shall certify the
applicant as a program participant. An applicant shall be certified for four
years following the date of filing unless the certification is withdrawn or
invalidated before that date.
d. A program participant may apply to be recertified every four years
thereafter.
e. A program participant may use the address designated by the secretary
as his or her work address.
f. Upon receipt of first class mail addressed to a program participant, the
secretary or a designee shall forward the mail to the actual address of the
participant. The secretary may arrange to receive and forward other kinds
and classes of mail for any program participant at the participant's expense.

The actual address of a program participant shall be available only to the
secretary and to those employees involved in the operation of the address
confidentiality program and to law enforcement officers for law enforcement
purposes.
g. The secretary, in accordance with the provisions of the "Administrative
Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.), shall promulgate
rules and regulations to effectuate the purposes of this act.
N.J.S.A. 47:4-5. Cancellation of program participant's participation
The secretary may cancel a program participant's certification if:
(1) the program participant obtains a name change through an order of the
court;
(2) the program participant changes the participant's residential address
and does not provide seven days' advance notice to the secretary;
(3) mail forwarded by the secretary to the address or addresses provided by
the program participant is returned as undeliverable; or
(4) any information on the application is false.
The application form shall notify each applicant of the provisions of this
section.
N.J.S.A. 47:4-6. Use of address designated by agency
A program participant may request that any State or local agency use the
address designated by the secretary as the program participant's address.
The agency shall accept the address designated by the secretary as a
program participant's address, unless the agency has demonstrated to the
satisfaction of the secretary that:
(1) the agency has a bona fide statutory basis for requiring the program
participant to disclose to it the actual location of the program participant;
and
(2) the disclosed confidential address of the program participant will be used
only for that statutory purpose and will not be disclosed or made available in
any way to any other person or agency.
L.1997, c. 369, § 1, eff. Jan. 19, 1998.

Click here for Table of Contents

STATE OF NEW JERSEY

DOMESTIC VIOLENCE PROCEDURES MANUAL

Issued under the Authority of the
Supreme Court of New Jersey
and the Attorney General of the
State of New Jersey
July 2004
October 2008 Amended Edition

Domestic Violence Procedures Manual
ANNOUCEMENT OF AMENDED EDITION
October 9, 2008

This announces an amended edition of the Domestic Violence Procedures
Manual (“DVPM”). This amended edition replaces in its entirety the last revised
edition of the DVPM promulgated in 2004 under the joint authority of the Supreme
Court and the Attorney General. Prior hard copy editions of the DVPM are
outdated and should be discarded.
This also announces that beginning with this amended edition, the method of
publication will be exclusively Internet based. No hard copies of the DVPM will be
distributed. The new DVPM can be found on the Infonet and on the Judiciary’s
Internet Web site at http://www.njcourts.com/family/index.htm. Using the Internet as
a medium of publication represents a significant step forward in the way this
important information is made available to those who need it. Just four years ago,
the Judiciary published the DVPM in hard copy. It was necessary to print and
distribute more than 3,000 copies of the DVPM at that time. Relying on Internet
publication saves time and money, and ensures that users will always have access to
the most up-to-date version.
The current amendments to the DVPM relate almost exclusively to matters
within the Judiciary’s purview resulting from new legislation, changes to court rules,
new policy initiatives, and editorial corrections and clarifications 1 . The amendments
were reviewed and endorsed by the Conferences of Family Presiding Judges and
Family Division Managers.
Manual Sections (New or Amended)

1



Sections 4.1.6 and 4.1.8 – amended to add information on the electronic
Temporary Restraining Order (E-TRO) procedure by which domestic violence
complaints and temporary restraining orders may be filed electronically.
These amendments were made in accordance with statewide implementation
of the E-TRO Project as described in the Administrative Director’s July 5, 2007
memorandum to Assignment Judges and Trial Court Administrators.



Sections 4.3.10 to 4.3.13 (new) – Sets out the existing procedures for
determining paternity and child support prior to issuance of a Final Restraining
Order (FRO).

The Attorney General’s Office provided amended Appendices 5, 18 and 23. That is the extent of its
involvement in these DVPM amendments.

Domestic Violence Procedures Manual
Announcement of Amended Edition
October 9, 2008
Page 2 of 3



Section 4.5.7 – amended to add a new paragraph setting out a uniform
procedure for amending Temporary Restraining Orders.



Section 4.11 – amended to bring text into conformity with Rule 5:7A, regarding
transfers, as amended in 2005, and Directive #3-05 (Intercounty Child Support
Case Management Policy).



Section 4.14.9 – amended to add procedures from the Non-Dissolution
Operations Manual, section 1104, for processing a domestic violence case
when there is an existing non-dissolution case.



Section 4.15.1 – amended to provide information about the surcharge imposed
on domestic violence offenders pursuant to N.J.S.A. 2C:25-29.4.



Section 4.17.3 – amended to add information regarding the Uniform Summary
Support Order, R. 5:7-4 and Appendix XVI of the Rules of Court, which also
has been added as Appendix 31 to the DVPM.

Appendices (New or Amended)


Appendix 1, Confidential Victim Information Sheet – amended as directed by
the Supreme Court, as promulgated by the Administrative Director’s June 11,
2008 memorandum to Assignment Judges and Trial Court Administrators.



Appendix 2, Temporary Restraining Order and Instructions – amended to
reflect that the name of the Victims of Crimes Compensation Board has been
legislatively changed to the Victims of Crimes Compensation Agency.



Appendix 3, Domestic Violence Hearing Officer Standards – amended to
include the Backup Domestic Violence Hearing Officer Standards promulgated
by Directive #2-06 as a Supplement to Directive #16-01.



Appendix 6, Summary of Electronic TRO – see amendments to Sections 4.1.6
and 4.1.8 above. Amended to reflect the statewide expansion of the program
in July 2007.



Appendix 6A, Recording Complete Incident Description in FACTS – new
appendix to provide instructions for capturing full incident description text in
FACTS. Please note that this is a temporary solution pending modifications to
the Judiciary’s automated system.



Appendix 8, Appeal of Ex Parte Order – Application for Appeal and Order
pursuant to the New Jersey Prevention of Domestic Violence Act, N.J.S.A.
2C:25-28i – amended to allow for the signature and printed name of either
plaintiff or defendant on the Certification. The prior form only provided for
defendant’s signature. This change was recommended by the Conference of

Domestic Violence Procedures Manual
Announcement of Amended Edition
October 9, 2008
Page 3 of 3

Family Presiding Judges to accurately reflect the fact that both plaintiff and
defendant have the right to appeal the Temporary Restraining Order.


Appendix 9, Continuance Order – amended to delete the phrase,”The
Temporary Restraining Order is further amended as follows.” The
Continuance Order is not to be used for TRO amendments, which should be
made in accordance with the procedures described in amended Section 4.5.7
(above).



Appendix 10, Final Restraining Order – amended to show the correct court
Seal.



Appendix 14, Order of Dismissal – amended to clarify that if the Temporary or
Final Restraining Order is dismissed, any criminal charges filed by either
plaintiff or the police are not affected by the dismissal and shall remain
pending until addressed separately in the appropriate court.



Appendix 31, Uniform Summary Support Order, R. 5:7-4 and Appendix XVI of
the Rules of Court – New appendix.



Appendix 32, Address Confidentiality Statute, N.J.S.A. 47:4-2, et. seq. – New
appendix.

Any questions concerning these amendments to the DVPM or regarding the
DVPM generally may be directed to Harry T. Cassidy, Assistant Director, Family
Practice Division at 609-984-4228 or Harry.Cassidy@judiciary.state.nj.us.

SUPREME

DEBORAH T. PORITZ
CHIEF JUSTICE

COURT

OF

NEW

JERSEY

RI!=HARD J. HUGHES JUSTICE COMPLEX
POST OFFICE Box 023
TRENTON,

N.J.

08625-0023

This revised edition of the New Jersey Domestic Violence Procedures Manual provides
procedural guidance for law enforcement officials, judges and judiciary staff in implemeI)ting the
Prevention of Domestic Violence Act. It is designed to facilitate the prompt resolution of
domestic violence matters and provide effective relief to the victims of domestic violence. The
Manual is issued jointly by the Judiciary and the Department of Law and Public Safety to provide
.

a seamless system of case handling.
Since it was first issued in 1991, the Domestic Violence Procedures Manual has been
updated periodically to reflect amendments to the statute, changes to court rules, and new
practices designed to ensure the most efficient management and disposition of these important
matters. This edition supersedes the 1998 Manual in its entirety, as well as all previous editions.
The changes from the 1998 edition are summarized in the Introduction.
New Jersey has strong laws and protective processes for victims of domestic violence.
Users of this Manual will find that it will enable them to implement those laws effectively. Your
continued support of this program is very much appreciated.

Deborah T. Poritz
Chief Justice

July 2004

NOTICE

NOTICE

NOTICE

NOTICE

The New Jersey Domestic Violence Procedures Manual is intended to provide procedural
and operational guidance for two groups with responsibility for handling domestic violence
complaints in the state of New Jersey – judges and Judiciary staff and law enforcement personnel.
The bulk of the Manual (i.e., all except Section III and associated appendices) sets forth procedures
to guide Judiciary staff in the management of cases within their area of responsibility. Section III
and its associated appendices provide guidance to law enforcement personnel. The procedures for
law enforcement and the Judiciary are presented in a single volume in order to provide for both
groups a seamless description of the management of domestic violence cases from initiation to
conclusion.
The Judiciary portion of the Manual was prepared by the Conference of Family Presiding
Judges, working with the Conference of Family Division Managers and the Family Practice Division
of the Administrative Office of the Courts (AOC) with input from judges and staff of the Municipal
and Criminal Divisions as well as the Supreme Court State Domestic Violence Working Group. It is
intended to embody the policies and procedures adopted by the New Jersey Supreme Court, the
Judicial Council and the Administrative Director of the Courts, but does not itself establish case
management policy. It has been approved by the Judicial Council, on the recommendation of the
Conference of Family Presiding Judges, in order to promote uniform case management statewide.
As such, court staff is required to adhere to its provisions.
While the Judiciary portion of the Manual reflects court policies existing as of the date of its
preparation, in the event there is a conflict between the Manual and any statement of policy issued
by the Supreme Court, the Judicial Council or the Administrative Director of the Courts, that
statement of policy, rather than the Manual, will be controlling. Other than in that circumstance
however, the Judiciary portion of this Manual is binding on court staff. This Manual is not intended
to change any statute or court rule, and in the event a statute or court rule differs from this manual,
the statute or rule will control.
Section III, the Law Enforcement portion of the Manual, and its associated appendices were
prepared by the Department of Law and Public Safety, Division of Criminal Justice and are intended
to provide procedural and operational guidelines for the New Jersey law enforcement community.
This material is specifically intended for law enforcement use. While its inclusion in this Manual
provides useful information to judges and court staff as well, it is not binding on them. The law
enforcement section has not been reviewed or endorsed by the Judiciary.

i

DOMESTIC VIOLENCE PROCEDURES MANUAL
TABLE OF CONTENTS
Go directly to the item in the table by clicking on it.

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 (TRO)

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

ii

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 Division Processing

4.3

Taking a Complaint in Superior Court, Family Division

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

iii

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 Division

iv

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

v

SECTION I
DEFINITIONS

DEFINITIONS
1.1

“Child in common” – the child of the plaintiff and the defendant.

1.2

“Criminal Complaint” – formal process under the Code of Criminal Justice of New Jersey
(N.J.S.A. 2C) using a CDR-1 (summons) or CDR-2 (warrant); must comport with all rules
and procedures under the criminal code.

1.3

“Defendant” – A person at least 18 years old or emancipated who is alleged to have
committed or has been found to have committed an act(s) of domestic violence under the
Prevention of Domestic Violence Act (PDVA). See also sections 1.8 and 2.1.3C.

1.4

“Domestic Violence” – the occurrence of one or more of the following criminal offenses
upon a person protected under the Prevention of Domestic Violence Act of 1991:
Homicide..........................................................................N.J.S.A. 2C:11-1 et seq.
Assault .............................................................................N.J.S.A. 2C:12-1
Terroristic threats.............................................................N.J.S.A. 2C:12-3
Kidnapping.......................................................................N.J.S.A. 2C:13-1
Criminal restraint .............................................................N.J.S.A. 2C:13-2
False imprisonment..........................................................N.J.S.A. 2C:13-3
Sexual assault...................................................................N.J.S.A. 2C:14-2
Criminal sexual contact ...................................................N.J.S.A. 2C:14-3
Lewdness..........................................................................N.J.S.A. 2C:14-4
Criminal mischief.............................................................N.J.S.A. 2C:17-3
Burglary ...........................................................................N.J.S.A. 2C:18-2
Criminal trespass..............................................................N.J.S.A. 2C:18-3
Harassment.......................................................................N.J.S.A. 2C:33-4
Stalking ............................................................................N.J.S.A. 2C:12-10

1.5

“Domestic Violence Central Registry” or DVCR – Statewide registry established under
N.J.S.A. 2C:25-34 (See Appendix 22).

1.6

“Domestic Violence Civil Complaint” – A multi page application (the civil complaint) and
temporary restraining order issued by the Superior Court or Municipal Court. Referred to as
“Complaint/TRO.”

1.7

“Domestic Violence Response Team” – Law Enforcement agencies are required by N.J.S.A.
2C:25-20b(3) to establish such teams of persons trained in counseling, crisis intervention or
in the treatment of domestic violence and neglect and abuse of the elderly and disabled
victims. Also known as Domestic Violence Crisis Teams.

1.8

“Emancipated Minor” – Under the PDVA, a minor is considered emancipated from his or
her parents when the minor:
A.

Is or has been married,

I-1

B.

Has entered military service,

C.

Has a child or is pregnant, or,

D.

Has been previously declared by the court or an administrative agency to be
emancipated.

1.9

“Ex parte” – as used in this manual, an application for a TRO where the judge or hearing
officer takes testimony only from the plaintiff without notice to the defendant of the
application.

1.10

“Final Restraining Order” or FRO – A civil order under the PDVA restraining defendant
(Appendix 10); entered after a hearing when defendant has been served with a TRO; remains
in effect until further order of the court and is enforceable under the federal full faith and
credit provision of Violence Against Women Act (VAWA), see Section VII.

1.11

FM or FD docket – A case which is opened by a complaint for divorce or separate
maintenance is given a docket number by Family Court starting with FM; a case which is
opened by a complaint for custody, support, paternity or parenting time is given an FD
docket number.

1.12

FV or FO docket number – A case that is opened by signing and filing a civil complaint
under the PDVA is given an FV docket number. A case which is opened by filing of criminal
charges for a violation of an order issued under the PDVA is given an FO docket number; a
weapons forfeiture matter is also given an FO docket.

1.13

“Law Enforcement Officer” – A person whose public duties include the power to act as an
officer for the detection, apprehension, arrest and conviction of offenders against the laws of
this State.

1.14

“Prevention of Domestic Violence Act” or PDVA– N.J.S.A. 2C: 25-18 to 2C:25-35.

1.15

“Plaintiff” – A person who seeks or has been granted relief under the PDVA.

1.16

“Personal Service” – Service that requires a law enforcement officer or other authorized
person to personally serve the defendant and/or plaintiff with a TRO, FRO or other order
issued under the PDVA.

1.17

“Petitioner” – Plaintiff or victim who seeks to enforce or register an out of state Order of
Protection in New Jersey.

1.18

“Temporary Restraining Order” or TRO an order entered pursuant to a complaint under the
PDVA; is temporary by its terms and requires that a full hearing be scheduled within 10
days. A TRO shall continue in effect until further order of the court (Appendix 2).

1.19

“Victim Advocate” – also known as domestic violence program liaison; a person who is
specially trained in domestic violence, both the dynamics and the law, employed by or

I-2

working as a volunteer of any domestic violence project, shelter, woman’s program or the
like.
1.20

“Victim of Domestic Violence” – a person protected by the PDVA and includes any person:
A.

B.

C.

1.21

Who is 18 years of age or older, or who is an emancipated minor, and who has been
subjected to domestic violence by:


Spouse



Former spouse



Any other person who is a present or former household member, or

Who, regardless of age, has been subjected to domestic violence by a person:


With whom the victim has a child in common, or



With whom the victim anticipates having a child in common, if one of the
parties is pregnant, or

Who, regardless of age, has been subjected to domestic violence by a person with
whom the victim has had a dating relationship.

Weapons - means anything readily capable of lethal use or of inflicting serious bodily injury.
The term includes, but is not limited to, all (1) firearms, even though not loaded or lacking a
clip or other component to render them immediately operable; (2) components which can be
readily assembled into a weapon; (3) gravity knives, switchblade knives, daggers, dirks,
stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles,
sandclubs, slingshots, cesti or similar leather bands studded with metal filings or razor blades
imbedded in wood; and (4) stun guns; and any weapon or other device which projects,
releases, or emits tear gas or any other substance intended to produce temporary physical
discomfort or permanent injury through being vaporized or otherwise dispensed in the air.
N.J.S.A 2C:39-1r.

I-3

SECTION II
INITIAL PROCEDURES

2.1

2.2

WHERE, WHEN AND HOW DOMESTIC VIOLENCE COMPLAINTS ARE TO BE
FILED
2.1.1

A victim of domestic violence must have access to the courts at all times. Law
enforcement, Municipal and Superior Court staff must be advised that victims should
never be turned away because of the inconvenience of arranging off-hours
emergency relief.

2.1.2

A law enforcement officer responding to a domestic violence call must provide the
victim with assistance to file either a criminal or civil Complaint/TRO or both. Under
no circumstances should an officer prevent or discourage a victim from seeking
immediate temporary relief merely because the domestic violence occurs after
regular business hours.

2.1.3

Special Provisions for persons under 18 years of age:
A.

A victim may be below the age of 18, may sign the Complaint/TRO and does
not need the consent of a parent or guardian to file or withdraw a complaint
or to request a modification of an existing order.

B.

The domestic violence defendant must be over the age of 18 or emancipated
at the time of the offense. (See emancipated minor definition, Section 1.8, for
criteria in determining whether a person is emancipated.)

C.

A person under 18 years of age and not emancipated who commits an act of
violence may not be a defendant in a civil domestic violence case but can be
charged with specific acts of domestic violence (e.g., assault) under the Code
of Juvenile Justice. The entry of pre or post-dispositional restraints can also
be considered for use in the juvenile delinquency case.

APPLICATION FOR A TEMPORARY RESTRAINING ORDER (TRO)
2.2.1

2.2.2

A victim may file a domestic violence complaint:
A.

Where the alleged act of domestic violence occurred;

B.

Where the defendant resides;

C.

Where the victim resides; or,

D.

Where the victim is sheltered or temporarily staying.

During Court hours for domestic violence matters (Monday through Friday,
8:30 AM to at least 3:30 PM):
A.

The victim should be transported or directed to the Family Division of

II - 1

Superior Court, provided the victim can arrive prior to 3:30 PM.
B.

2.2.3

2.3

Where transportation of the victim to the Superior Court is not feasible, the
officer should contact the Family Division, Domestic Violence Unit. There
are occasions when a person seeking to file a domestic violence
Complaint/TRO arrives too late in the day for it to be processed and heard
during regular court hours. During the interim period between the Domestic
Violence Unit’s close of business and when the courthouse actually closes,
victims shall not be turned away. Each county shall develop a procedure in
such instances for either in-person or telephonic communication under Rule
5:7A between the victim and an on-site or emergent duty judge, so that the
request for emergent relief can be handled without the necessity of the victim
having to go to the local police station or the Municipal Court. (See section
4.4)

On weekends, holidays and weekdays after 3:30 PM and other times when the
Superior Court is closed,
A.

A victim may sign the domestic violence complaint with a law enforcement
agency as set forth in 2.2.1.

B.

The victim’s complaint shall be processed promptly. Under no circumstances
should the victim be advised to appear in the Superior Court, Family Division
the next business day in order to apply for a TRO.

C.

If a TRO is denied by a Municipal Court judge, the denial and the
Complaint/TRO must still be faxed or forwarded to the Family Division
within 24 hours for an administrative dismissal. A victim whose
Complaint/TRO has been dismissed in this manner is not barred from refiling
in the Family Division based on the same incident and receiving an
emergency ex parte hearing de novo. Every denial of relief by a Municipal
Court judge must so state, with specificity in the “Comments” portion of the
TRO and the victim must be advised of the right to refile with the Superior
Court, Family Division.

WHERE TO FILE A CRIMINAL COMPLAINT WITH AN ACCOMPANYING TRO
APPLICATION AND COMPLAINT
2.3.1

When a victim is seeking a TRO, a companion criminal complaint may also be
signed against the defendant in one of the following locations:
A.

Where the alleged act of domestic violence occurred, or

B.

Where the defendant resides, or

C.

Where the victim resides, or
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D.

2.4

Where the victim is sheltered or temporarily staying.

2.3.2

The out-of-jurisdiction complaint (i.e., one taken not where the incident occurred)
should be prepared on a blank CDR and the court accepting the complaint for filing
shall have the authority to issue process and set bail as if the alleged offense had
occurred in that jurisdiction. A “blank” CDR is one without the court’s name or
municipality code in the caption.

2.3.3

The companion criminal complaint shall be forwarded to the jurisdiction where the
offense is alleged to have occurred for investigation and prosecution.

2.3.4

A criminal complaint does not preclude the victim from filing a domestic violence
complaint and seeking a TRO. A person may also file criminal charges without
seeking a TRO.

WHERE TO FILE A CRIMINAL COMPLAINT WHEN THERE IS NO
ACCOMPANYING COMPLAINT/TRO
2.4.1

The victim may file a criminal complaint with the Municipal Court or police
department where the alleged act occurred. See also Section 3.11.4.

2.4.2

If the police officer believes that no-contact provisions should be issued as a
condition of bail, the officer should inform the court of the circumstances justifying
such request when the criminal complaint is being processed and bail is about to be
set. This section shall be checked off on the appropriate form (the bail recognizance
form). The officer should include in the domestic violence offense report the reasons
for the request and the court’s disposition of the request. This order must be in
writing and given to the victim consistent with N.J.S.A. 2C:25-26.

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SECTION III
LAW ENFORCEMENT

THIS SECTION PREPARED BY THE
DIVISION OF CRIMINAL JUSTICE

This section has not been reviewed or endorsed by the Judiciary.

THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

A. INTRODUCTION - DOMESTIC VIOLENCE STANDARDS
Domestic violence, a serious crime against society, must be affirmatively addressed by both law
enforcement and the courts so that the victims and society are protected.
Prescribed procedures are necessary so that both law enforcement officers and the courts can
promptly and effectively respond to domestic violence cases.
Because of the diversity of police resources in this State, county prosecutors, who are the chief law
enforcement officers of their counties, should be responsible for procedures used in all the law
enforcement agencies of their counties.
To promote uniformity in police response statewide, the county response procedure should conform
to the format of the attached Standard.
The General Guidelines on Police Response in Domestic Violence Cases, promulgated by the
Attorney General on April 12, 1988 have been expanded and revised. The revised Guidelines have
been incorporated into this Standard.
The response procedures to be developed by county prosecutors for law enforcement officers should
then be included in this Domestic Violence Procedures Manual. The Manual was jointly developed
by the Administrative Office of the Courts and a committee of law enforcement officials convened
by the Attorney General.
The Manual is intended to secure appropriate responses to domestic violence in this State. The
unique unified approach will assure prompt assistance to the victims of domestic violence and
demonstrate New Jersey’s resolve that violent behavior will not be tolerated in public or in private.
Any questions regarding law enforcement procedures should be directed to the Division of Criminal
Justice, Prosecutors Supervision and Coordination Bureau, Justice Complex, Trenton.

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THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

PERFORMANCE STANDARDS
GOAL: The goal of this standard is to establish procedures for the proper and consistent handling
of domestic violence incidents. The procedures will be established by the county prosecutor or by
municipal law enforcement agencies as needed. Exceptions will be made for municipal law
enforcement agencies as approved by the county prosecutor.
DOMESTIC VIOLENCE
3.1

DOMESTIC VIOLENCE POLICY AND PROCEDURES
The agency shall adopt specific procedures for the handling of domestic violence and codify
these procedures through policy.
3.1.1

The agency shall develop and implement written policy governing the handling of
domestic violence incidents.

3.1.2

The agency shall develop and implement specific procedures for:

3.1.3

3.1.4

3.2

A.

Response to domestic violence incidents;

B.

Receipt and processing of domestic violence complaints and restraining
orders;

C.

Domestic violence arrests;

D.

Weapons relating to domestic violence complaints and restraining orders;

E.

Reporting of domestic violence incidents;

F.

Training of officers in response to domestic violence incidents.

The agency shall clearly define and explain all relevant terms used in its domestic
violence policy, including but not limited to:
A.

Domestic violence;

B.

Victim of domestic violence.

The agency shall insure that its domestic violence policy and procedures are in
compliance with United States Constitution, New Jersey Constitution and statutes,
court decisions, and Attorney General and county prosecutor directives and
guidelines.

RESPONSE TO DOMESTIC VIOLENCE INCIDENTS
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THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

The agency shall have clear policy and procedures on the response to domestic violence
incidents realizing the importance and potential for additional violence of such incidents.

3.3

3.4

3.2.1

The agency shall insure that all allegations of domestic violence are responded to
promptly and investigated thoroughly.

3.2.2

The agency shall insure that the safety of the victim and all individuals at the scene of
domestic violence, including the officers, is of primary concern.

3.2.3

The agency shall insure that victims are notified of their domestic violence rights as
required by statute.

3.2.4

The agency shall insure that all officers who respond to domestic violence incidents
shall have available current and accurate information for referrals to appropriate
social service agencies.

3.2.5

The agency shall establish or participate in an established domestic violence crisis
team.

RECEIPT AND PROCESSING OF DOMESTIC VIOLENCE COMPLAINTS
When domestic violence incidents generate criminal or civil domestic violence complaints,
or both, the processing of those complaints shall be explicitly defined.
3.3.1

The agency shall specify the procedure to be followed in filing of criminal charges
stemming from domestic violence incidents.

3.3.2

The agency shall specify the procedure to be followed in accepting and processing
domestic violence complaints at times when the Superior Court, Family Division, is
open.

3.3.3

The agency shall specify the procedure to be followed in accepting and processing
domestic violence complaints at times when the Superior Court, Family Division, is
closed but the Municipal Court is open.

3.3.4

The agency shall specify the procedure to be followed in accepting and processing
domestic violence complaints at times when the Superior Court, Family Division and
the Municipal Court are closed.

DOMESTIC VIOLENCE ARRESTS.
The agency shall delineate, in accordance with United States Constitution, New Jersey
Constitution and statutes, court decisions, and Attorney General and county prosecutor
directives and guidelines, those domestic violence incidents in which the arrest of the actor is
mandatory.
3.4.1

The agency shall specify those domestic violence incidents which require mandatory
arrests:
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THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

Act involving signs of injury;

B.

Violation of a restraining order;

C.

A warrant is in effect;

D.

There is probable cause to believe a weapon was involved in the act of
domestic violence.

3.4.2

The agency shall specify those domestic violence incidents in which arrest is
discretionary.

3.4.3

The agency shall clearly delineate the procedure to be followed in cases involving
violation of an existing restraining order.

3.4.4

The agency shall specify the procedure to be followed in processing an arrest for
domestic violence, including:

3.4.5
3.5

A.

A.

Signing of complaint;

B.

Fingerprinting;

C.

Photographing;

D.

Bail.

The agency shall specify the procedure to be followed when a charge of domestic
violence is filed against a law enforcement officer.

WEAPONS RELATING TO DOMESTIC VIOLENCE INCIDENTS
The agency shall identify the procedures to be followed by officers when weapons are
involved in domestic violence incidents, in accordance with United States Constitution, New
Jersey Constitution and statutes, court decisions, and Attorney General and county
prosecutor directives and guidelines, and accepted police practice.
3.5.1

The agency shall specify the procedures to be followed by investigating officers
when:
A.

Weapon(s) are used or threatened to be used in the domestic violence
incident;

B.

Weapon(s) are not used in the domestic violence incident but are in plain
view to the officer;

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THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

C.

3.6

3.7

Weapon(s) are not used in the domestic violence incident, are not in plain
view to the officer, but the officer has reason to believe that weapon(s) are
present in the household.

REPORTING OF DOMESTIC VIOLENCE INCIDENTS
The agency shall fully document all complaints of and responses to domestic violence
incidents.
3.6.1

The agency shall insure that all domestic violence incidents are fully recorded and
documented within the departmental reporting system.

3.6.2

The agency shall insure that all domestic violence incidents are reported in
accordance with state statute. This includes, but is not limited to, completion and
submission of the UCR DV#l form or its electronic data equivalent.

TRAINING
The agency shall train its officers in the handling of domestic violence incidents as a matter
of policy and procedure, and also from the standpoint of proper police protocol.
3.7.1

The agency shall provide for the training of all officers in the appropriate handling,
investigation and response procedures concerning reports of domestic violence.

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THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

B. GUIDELINES ON POLICE RESPONSE PROCEDURES IN DOMESTIC VIOLENCE
CASES
Introduction These general guidelines consolidate the police response procedures for domestic
violence cases, including abuse and neglect of the elderly and disabled, based on
State law, Court Rules, and prior editions of the Domestic Violence Procedures
Manual which was jointly prepared by the New Jersey Supreme Court and the
Attorney General through the Division of Criminal Justice.
3.8

MANDATORY ARREST
3.8.1

A police officer must arrest and take into custody a domestic violence suspect and
must sign the criminal complaint against that person if there exists probable cause to
believe an act of domestic violence has occurred and

3.8.2

The victim exhibits signs of injury caused by an act of domestic violence. N.J.S.A.
2C:25-21a(1).
A.

The word, “exhibits,” is to be liberally construed to mean any indication that
a victim has suffered bodily injury, which shall include physical pain or
impairment of physical condition. Probable cause to arrest also may be
established when the police officer observes manifestations of an internal
injury suffered by the victim. N.J.S.A. 2C:25-21c(1)

B.

Where the victim exhibits no visible sign of injury, but states that an injury
has occurred, the officer should consider other relevant factors in
determining whether there is probable cause to make an arrest. N.J.S.A.
2C:25-21c(1)

C.

In determining which party in a domestic violence incident is the victim
where both parties exhibit signs of injury, the officer should consider:
1.

The comparative extent of injuries suffered;

2.

The history of domestic violence between the parties, if any;

3.

The presence of wounds associated with defense, or considered
defensive wounds; or

4.

Other relevant factors, including checking the DV Central Registry.
N.J.S.A. 2C:25-21c(2).

5.

NOTE: The investigating officer must insure that “[n]o victim shall
be denied relief or arrested or charged under this act with an offense
because the victim used reasonable force in self-defense against
domestic violence by an attacker.” N.J.S.A. 2C:25-21c(3).
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THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

3.9.

D.

If the officer arrests both parties, when each exhibit signs of injury, the
officer should explain in the incident report the basis for the officer’s action
and the probable cause to substantiate the charges against each party.

E.

Police shall follow standard procedures in rendering or summoning
emergency treatment for the victim, if required.

3.8.3

There is probable cause to believe that the terms of a TRO have been violated. If the
victim does not have a copy of the restraining order, the officer may verify the
existence of an order with the appropriate law enforcement agency. The officer
should check the DVCR. N.J.S.A. 2C:25-21(a)(3)

3.8.4

A warrant is in effect. N.J.S.A. 2C:25-21a(2)

3.8.5

There is probable cause to believe that a weapon as defined in N.J.S.A. 2C:39-1r has
been involved in the commission of an act of domestic violence. N.J.S.A. 25-21a(4)

DISCRETIONARY ARREST
3.9.1

A police officer may arrest a person or may sign a criminal complaint against that
person, or may do both, where there is probable cause to believe that an act of
domestic violence has been committed but none of the conditions in Section. 3.8
above applies. N.J.S.A. 2C:25-21b
In any situation when domestic violence may be an issue, but there’s no probable
cause for arrest and the victim does not wish to file a TRO, the police officers must
give and explain to the victim the domestic violence notice of rights as contained in
the Victim Notification Form. N.J.S.A. 2C:25-23

3.10

SEIZURE OF WEAPONS
3.10.1 Seizure of a Weapon for Safekeeping. A police officer who has probable cause to
believe that an act of domestic violence has been committed shall pursuant to
N.J.S.A. 2C:25-21d(1):
A.

Question all persons present to determine whether there are weapons, as
defined in N.J.S.A. 2C:39-1r, on the premises. N.J.S.A. 25:21d(1)(a)

B.

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 shall attempt
to gain possession of the weapon. If a law enforcement officer seizes any
firearm, the officer shall also seize any firearm purchaser identification card
or permit to purchase a handgun issued to the person accused of the act of
domestic violence. N.J.S.A. 2C:25-21d(1)(b)
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THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

C.

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

D.

If the weapon is not in plain view but is located within the premises
possessed by the domestic violence victim or 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.

E.

If the weapon is not located within the premises possessed by the domestic
violence victim or jointly possessed by the domestic violence victim and
domestic violence 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.

F.

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. [See Appendix 19]

3.10.2 Seizure of a Weapon Pursuant to Court Order. N.J.S.A. 2C:25-26 and N.J.S.A.
2C:25-28j.
A.

If a domestic violence victim obtains a TRO or FRO directing that the
domestic violence assailant surrender a named weapon, the officer should
demand that the person surrender the named weapon.

B.

If the domestic violence assailant or the possessor of the weapon refuses to
surrender the weapon, the officer should:
1.

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

2.

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,
and

3.

Conduct a search of the named premises for the named weapon.

3.10.3. The officer must append an inventory of seized weapons to the domestic violence
offense report. N.J.S.A. 2C:25-21d(2)
3.10.4 Weapons seized by a police officer, along with any seized firearms identification card
or permit to purchase a handgun, must be promptly delivered to the county prosecutor
along with a copy of the domestic violence offense report and, where applicable, the
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THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

domestic violence complaint and temporary restraining order. N.J.S.A. 2C:25-21d(2)
3.11

DOMESTIC VIOLENCE COMPLAINT PROCESS
DEFINITIONS USED IN THIS SECTION
A.

Domestic Violence Civil Complaint means the multi page application and
temporary restraining order issued by the Superior or Municipal Court. See
Section 1.6. Referred to as TRO/Complaint.

B.

Criminal Complaint refers to the criminal charges placed on a CDR-1
(summons) or CDR-2 (warrant). See Section 1.2.

3.11.1 Notice. When a police officer responds to a call of a domestic violence incident, the
officer must give and explain to the victim the domestic violence notice of rights
which advises the victim of available court action, N.J.S.A. 2C:25-23. The victim
may file:
A.

A Complaint/TRO alleging the defendant committed an act of domestic
violence and asking for court assistance to prevent its recurrence by asking
for a temporary restraining court order (TRO) or other relief;

B.

A criminal complaint alleging the defendant committed a criminal act. See
Section, 3.8 Mandatory Arrest above as to when a police officer must sign
the criminal complaint (CDR-1 (summons) or CDR-2 (warrant).); or

C.

Both of the above.

3.11.2 Jurisdiction for filing domestic violence Complaint/TRO by the victim. N.J.S.A.
2C:25-28 A.

B.

During regular court hours,
1.

The victim should be transported or directed to the Family Division
of Superior Court. See Section 4.2.

2.

Where transportation of the victim to the Superior Court is not
feasible, the officer should contact the designated court by telephone
for an emergent temporary restraining order in accordance with
established procedure.

On weekends, holidays and other times when the court is closed,
1.

The victim may file the domestic violence complaint with the police
and request a TRO from a Municipal Court Judge specifically
assigned to accept these complaints. N.J.S.A. 2C:25-28a.

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THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

C.

The victim may file a domestic violence complaint . N.J.S.A. 2C:25-28a:
1.

Where the alleged act of domestic violence occurred,

2.

Where the defendant resides, or

3.

Where the victim resides or is sheltered.

3.11.3. Jurisdiction for filing criminal complaint (CDR-1 or CDR-2) by the victim in
connection with filing domestic violence complaint.
A.

A criminal complaint may be filed against the defendant in locations
indicated in Paragraph 3.11.2 C above.

B.

A criminal complaint filed pursuant to Paragraph 3.11.2 A above shall be
investigated and prosecuted in the jurisdiction where the offense is alleged to
have occurred.

3.11.4 Jurisdiction for filing a criminal complaint but no accompanying domestic violence
complaint.
A.

The victim may file a criminal complaint as stated in section 3.11.2C above.

B.

If the criminal complaint is filed in a jurisdiction other than where the offense
occurred, the law enforcement agency shall take appropriate photographs and
statement of the victim and shall immediately contact the law enforcement
agency where the offense occurred and shall immediately transmit by
facsimile or by hand delivery those documents to the law enforcement agency
where the offense occurred. That law enforcement agency shall prepare the
appropriate criminal complaint and present the complaint to a judicial officer
for appropriate action. Where a victim has exhibited signs of physical injury,
the agency receiving the documentation shall arrest the suspect in accordance
with existing domestic violence procedure.

C.

If the police officer believes that a no-contact order should be issued, as a
condition of bail, the officer should inform the court of the circumstances
justifying such request when the criminal complaint is being processed and
bail is about to be set. The officer should include in the domestic violence
offense report the reasons for the request and the court’s disposition of the
request.

D.

If the officer believes that weapons should be seized, the officer should
inform the court of the circumstances justifying such request that as a
condition of bail, the defendant’s weapons must be surrendered to the police

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THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

for safe-keeping. All weapons seized must be safely secured or turned over
to the county prosecutor.
3.11.5 Victim Notification Form [see appendix 5]
A

When either a criminal or domestic violence complaint is signed, a Victim
Notification Form is to be completed by the person assisting the victim,
either the police officer or other appropriate staff.

B.

The victim should be informed that, for the victim’s protection, the
prosecutor or the court must have the ability to contact the victim on short
notice to inform the victim about the defendant’s

C.

1.

Impending release from custody, or

2.

Application to reduce bail.

The victim should be provided with the telephone number of the
1.

Victim Witness Unit of the Prosecutor’s Office when a criminal
complaint or domestic violence contempt complaint is signed, or

2.

Family Division Domestic Violence Unit when a domestic violence
complaint is signed.

D.

The victim should be instructed to contact the appropriate office to provide
new telephone numbers if the victim changes telephone numbers from the
numbers listed on the Victim Notification Form.

E.

Whenever a defendant charged with a crime or an offense involving domestic
violence is released from custody the prosecuting agency shall notify the
victim immediately.

3.12. PROCEDURE FOR FILING REPORTS
3.12.1 A copy of the domestic violence offense report and Victim Notification Form must
be attached to all criminal complaints and to the TRO when these documents are
forwarded to the appropriate court. N.J.S.A. 2C:25-24a
3.13

TEMPORARY RESTRAINING COURT ORDERS
3.13.1 When a victim requests a court order, the officer shall contact the designated judge by
telephone, radio or other means of electronic communication. The officer should:
A.

Assist the victim in preparing the complaint and a statement to be made to
the judge.

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3.14

B.

Explain that the judge will place the person under oath and will ask questions
about the incident.

C.

If the judge issues a temporary restraining order, the police officer will be
instructed to enter the judge’s authorization on a prescribed form.

D

The officer also will be instructed to print the judge’s name on the temporary
restraining order.

E.

The officer also will be instructed to serve the TRO upon the alleged
offender.

SERVICE OF TEMPORARY RESTRAINING ORDER
3.14.1 When the victim obtains a restraining order but the defendant had not been arrested
by police and is present at the scene, the officer should:
A.

Escort the victim to his or her home.

B.

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

C.

Order the defendant to vacate the premises, where that is part of the Order.

D.

Give the defendant a reasonable period of time to gather personal belongings,
unless the court order includes specific limits on time or duration. N.J.S.A.
2C:25-28k. The officer shall remain with the defendant as he or she gathers
personal belongings pursuant to the terms of the temporary restraining order

E.

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

3.14.2 Where a TRO 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 3.14.1 A-E.
3.14.3 When a temporary or final restraining order is issued that requires service outside the
issuing county,
A.

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

The sheriff’s department in the issuing county must similarly bring or
transmit by facsimile the order and related documents to the sheriff’s
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department in the county of the defendant’s residence or business.
2.

3.

B.

C.

3.15

The sheriff’s department in the receiving county, pursuant to local
policy, will either
a.

Execute service on the defendant or

b.

Immediately bring or transmit by facsimile 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.

The return of service should then be transmitted by facsimile back to
the sheriff’s department in the issuing county, which in turn must
immediately deliver or transmitted by facsimile the return of service
to the Family Division in the issuing county.

When the service of a restraining order results in the seizure of weapons;
1.

The weapons inventory should be attached to the return of service
that is brought or transmitted by facsimile back to the issuing county.

2.

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.

Once service on the defendant is attempted, successfully or unsuccessfully,
the return of service portion of the TRO 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.

COURT ORDER VIOLATIONS
3.15.1. 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
A.

Arrest and transport the defendant to the police station.

B.

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

C.

The officer should sign a criminal complaint for all related criminal offenses.
(The criminal charges should be listed on the same criminal complaint (CDR-

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2) form that contains the contempt charge.)
D.

E.

Telephone, communicate in person or by facsimile with the appropriate judge
or bail unit and request bail be set on the contempt charge. N.J.S.A. 2C:2531b.
1.

During regular court hours, bail should be set by the emergent duty
Superior Court judge that day. N.J.S.A. 2C:25-31d.

2.

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.

3.

When bail is set by a judge when the courts are closed, the officer
shall arrange to have the clerk of the Family Division notified on the
next working day of the new complaint, the amount of bail, the
defendant’s whereabouts and all other necessary details. N.J.S.A.
2C:25-25-31d.

4.

If a Municipal Court judge sets the bail, the arresting officer shall
notify the clerk of that Municipal Court of this information. N.J.S.A.
2C:25-31d.

5.

The DVCR must be checked prior to bail being set. N.J.S.A. 2C:2531a.

If the defendant is unable to post bail, take appropriate steps to have the
defendant incarcerated at police headquarters or the county jail. N.J.S.A.
2C:25-31c.

3.15.2 Where the officer deems there is no probable cause to arrest or sign a criminal
complaint against the defendant for a violation of a TRO, the officer must advise the
victim of the procedure for completing and signing a
A.

Criminal complaint alleging a violation of the court order. N.J.S.A. 2C:25-32
1.

During regular court hours, the officer should advise the victim that
the complaint must be filed with the Family Division of the Chancery
Division of Superior Court. N.J.S.A. 2C:25-32

2.

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

The officer should transport or arrange for transportation to
have the victim taken to headquarters to sign the complaint;
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THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

B.

3.16

b.

The alleged offender shall be charged with contempt of a
domestic violence restraining court order, N.J.S.A. 2C:29-9;

c.

The officer in charge shall check the DVCR prior to
contacting the on duty Superior Court Judge for a probable
cause determination for the issuance of the criminal
complaint. If the judge finds sufficient probable cause for the
charges, the officer must prepare a complaint-warrant (CDR2).

d.

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

e.

The officer who had determined that there was no probable
cause to arrest or sign a criminal complaint against the
defendant for a violation of a TRO must articulate in the
officer’s incident report the reasons for the officer’s
conclusions.

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 Domestic
Violence Unit to pursue enforcement of litigant’s rights.

CRIMINAL OFFENSES AGAINST THE ELDERLY AND DISABLED
3.16.1 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 listed above.
3.16.2 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.
3.16.3 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 a legal duty to care for or has assumed continuing
responsibility for the care of a person who is:

3.17

A.

60 years of age or older, or

B.

Emotionally, psychologically or physically disabled, and

C.

The person unreasonably neglects or fails to permit to be done any act
necessary for the physical or mental health of the elderly or disabled person.

GUIDELINES ON PROSECUTORIAL PROCEDURE REGARDING WEAPONS
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THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

SEIZED IN DOMESTIC VIOLENCE CASES
Introduction These general guidelines outline the procedure a County Prosecutor should
establish regarding the disposition of weapons seized in domestic violence
cases.
3.17.1 Seizure of Weapons Used in Commission of a Criminal Offense. Any weapon used
in the commission of a criminal offense or is contraband or evidence of criminal
activity shall be seized by police and processed in accordance with established
procedures for the handling of such evidence.
3.17.2 Seizure of Weapons for Safekeeping Purposes. Any weapon seized by police in a
domestic violence incident pursuant to N.J.S.A. 2C:25-21d cannot be returned to the
owner by the police.
A.

B.

The police must promptly deliver to the County Prosecutor’s Office:
1.

The weapon involved in a domestic violence incident; along with any
seized firearms identification card or permit to purchase a handgun;

2.

The domestic violence offense report which includes an inventory of
all weapons seized, and

3.

Where applicable, a copy of the TRO or FRO, the criminal complaint,
the Victim Notification Form and the police incident report.

4.

Where seizure of weapons is pursuant to a TRO or FRO, the weapon
inventory should also be forwarded to the Family Division Domestic
Violence Unit.

When a weapon was seized at the scene pursuant to N.J.S.A. 2C:25-21d,
1.

The County Prosecutor shall determine within 45 days of the seizure:
a.

Whether the weapon should be returned to the owner of the
weapon, or

b.

Whether to institute legal action against the owner of the
weapon.

2.

If the County Prosecutor determines not to institute action to seize the
weapon and does not institute an action within 45 days of seizure, the
seized weapon shall be returned to the owner. N.J.S.A. 2C:25-21d(3).

3.

If the County Prosecutor determines to institute action to seize the
weapon, the Prosecutor shall, with notice to the owner of the weapon,
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THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

C.

a.

File a petition with the Family Division of the Superior Court,
Chancery Division, to obtain title to the weapon, or

b.

Seek revocation of any firearms identification card, permit to
purchase a handgun, or any other permit, license and other
authorization for the use, possession, or ownership of such
weapons. (See N.J.S.A. 2C:58-3f, 2C:58-4f and/or 2C:58-5
governing such use, possession, or ownership), or

c.

Object to the return of the weapon on such grounds:
(1)

As are provided for the initial rejection or later
revocation of the authorizations pursuant to N.J.S.A.
2C:58-3c; or

(2)

That the owner is unfit or that the owner poses a
threat to the public in general or a person or persons
in particular; or

(3)

Seek a court order that defendant must dispose of the
weapons by sale or transfer to a person legally
entitled to take possession of the weapons.

Any weapon seized by police:
1.

Pursuant to a temporary or final domestic violence restraining order,
or

2.

Pursuant to a Domestic Violence Warrant for the Search & Seizure of
Weapons, or

3.

As a condition of bail for a criminal offense involving domestic
violence,

should be returned to the owner by the appropriate court specifically
authorizing the return of the weapon if the order or criminal complaint is in
effect. If the order or complaint is withdrawn or dismissed prior to a hearing,
the provisions in Paragraph, 3.17.2B2 supra, should be followed.
3.17.3 Seizure of Weapons Outside the County Where the Domestic Violence Restraining
Order Was Issued. When the service of a domestic violence restraining order results
in the seizure of weapons,
A.

The weapons inventory should be attached to the return of service that is

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THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

brought or transmitted by facsimile back to the issuing county.
B.

The weapons themselves, along with any firearms identification card,
purchasers permit, licenses, identification cards, or other paperwork or
documentation shall be secured by the County Prosecutor in the seizing
county for storage. At such time that the seized property is needed by the
County Prosecutor or Family Division in the issuing county, the Prosecutor
in the seizing county shall make arrangements for the delivery of same.

3.17.4 Seizure of Weapons from Law Enforcement Officers Involved in a Domestic
Violence Incident. See Attorney General Directives 2000-3 and 2000-4 (Appendix
17).
When a law enforcement officer, who is authorized to carry weapons
pursuant to N.J.S.A. 2C:39-6, is involved in an act of domestic violence, the seizure
of weapons shall be governed by the Attorney Generals Directives 2000-3 and 20004. (See Appendix 17) 1
A.

B.

If a law enforcement officer is required by departmental regulations to
personally purchase his or her official duty firearm, that firearm shall be
considered the same as if it had been departmentally issued for purposes of
applying the provisions of the Attorney General Directives 2000-3 and 20004 and the provisions of the federal gun control law, 18 U.S.C.A. 922(g).
When a personal firearm is seized from a member of a state law enforcement
officer, which includes members of the State Police, the State Department of
Corrections, the Division of Criminal Justice, Rutgers University Campus
Police, state college and university police, N.J. Transit Police, Division of
Parole, Juvenile Justice Commission, Human Services Police, any officer of
Fish, Game and Wildlife authorized to carry a firearm, State Commission of
Investigation, and Division of Taxation;
1.

The county Prosecutor’s Office must inform the Division of Criminal
Justice whether it will or will not institute forfeiture proceedings
pursuant to N.J.S.A. 2C:25-21d for the seizure of the member’s
approved off-duty firearms and other personally owned firearms,

1

The Directives are similar in content: Directive 2000-3 Revision to August 14, 1995, Directive Implementing
Procedures for the Seizure of Weapons from Municipal and County Law Enforcement Officers is applicable to municipal
and county law enforcement and requires the county prosecutor to investigate whether a police officer, having his
firearms seized pursuant to the Prevention of Domestic Violence Act of 1990, should and under what conditions, would
have his firearms, agency owned and personal, returned to him. Directive 2000-4, Revision to August 14, 1995, Directive
Implementing Procedures for the Seizure of Weapons from All State Law Enforcement Officers Involved in Domestic
Violence Incidents places the responsibility of determining the conditions upon which a state law enforcement officer
would have his right to carry a firearm restored with the Division of Criminal Justice.

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THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

2.

The Division of Criminal Justice will determine whether that officer
shall be authorized to carry that firearm or any firearm either on duty
or off duty and whether conditions should be imposed for such
authorization pursuant to the Attorney General Directive 2000-4 at
IVD.

3.

The Division of Criminal Justice will inform the County Prosecutor’s
Office of its decision whether that officer would be authorized to
carry a firearm either on duty or off duty and whether conditions had
been imposed for carrying a firearm.

3.17.5 Restrictions on Return of Firearms
A.

If a final domestic violence restraining order is issued pursuant to the
provisions of both New Jersey and federal gun control laws, N.J.S.A. 2C:397b(3) & 18 U.S.C.A. 922(g), the named defendant shall not be permitted to
possess, purchase, own, or control any firearm for the duration of the order or
for two years, whichever is greater. N.J.S.A. 2C:25-29b

B.

If a law enforcement officer is subject to a temporary or final restraining
order issued pursuant to the provisions of both New Jersey and federal gun
control laws, N.J.S.A. 2C:39-7b(3) & 18 U.S.C.A. 922(g)and sec 925, the
County Prosecutor may permit a municipal or county police officer to be
armed while actually on duty provided that the restraining order specifically
permits the possession of a firearm on duty, and the firearm is issued to the
officer upon reporting for a scheduled tour of duty and surrendered upon
completion of the tour of duty. In the event a state law enforcement officer is
subject to a final restraining order, the Attorney General, by the Division of
Criminal Justice, may permit a subject officer to be armed while on duty
provided said restraining order specifically permits, and the firearm is issued
to the officer upon reporting for a scheduled tour of duty and surrendered
upon completion of the tour of duty.

C.

A law enforcement officer who has been convicted of a misdemeanor
domestic violence offense anywhere in the nation is prohibited from
possessing a firearm pursuant to 18 U.S.C. 922(g)(8). This federal law
applies to offenses that have as an element (1) the use or attempted use of
physical force, 9r (2) the threatened use of a deadly weapon. Under New
Jersey law, a disqualifying offense would be:
1.

Harassment, N.J.S.A. 2C:33-4b by striking, kicking, shoving

2.

Simple assault, N.J.S.A. 2C:12-1a(1) by attempting to or purposely
knowingly or recklessly causing bodily injury

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THIS SECTION PREPARED BY THE DIVISION OF CRIMINAL JUSTICE; not reviewed or endorsed by the Judiciary.

3.

D.

Simple assault, N.J.S.A. 2C:12-1a(2) by negligently causing bodily
injury to another with a deadly weapon

A law enforcement officer who has been convicted of stalking, or a crime or
disorderly persons offense involving domestic violence may not purchase,
own, possess or control a firearm, and may not be issued a permit to purchase
a handgun or firearms identification card. N.J.S.A. 2C:39-7 & 2C:58-3.

III - 20

SECTION IV
COURT PROCEDURES

4.1

MUNICIPAL COURT PROCEDURE
4.1.1 A Municipal Court judge hearing applications for temporary restraining orders shall:

4.1.2

4.1.3

A.

Be available by telephone when the Superior Court is not in session and
when directed by the Vicinage Presiding Judge of the Municipal Court.

B.

Speak directly with the applicant in person, or by telephone, radio or other
means of electronic communication per Rule 5:7A. Speaking only to the
police officer does not satisfy this rule.

C.

Ensure that the police or staff fully sets forth the victim’s allegations of
domestic violence in the body of the domestic violence complaint, including
past history of domestic violence between the parties, whether reported or
unreported.

D.

Comply with all of the provisions set forth below.

E.

Confirm with the police officer assisting with the TRO whether or not they
are on a taped line. If not on a taped line, the judge must make detailed notes
of the victim’s testimony and the reasons for issuing the TRO and any
weapons seizure.

The judge upon ex parte application shall administer an oath to the applicant and
take testimony regarding:
A.

The alleged domestic violence;

B

The past history of domestic violence between the parties, whether reported
or unreported;

C.

The reason the applicant’s life, health, or well-being is endangered;

D.

Whether defendant possesses or has access to weapons, firearms or a
firearms identification card;

E.

The judge shall state with specificity the reasons for and scope of any search
and seizure to be authorized by the Order (see weapons section).

The judge shall review all available information involving the parties; confirm that
the plaintiff has been informed about legal rights and options and available protective
services, including shelter services, safety plans, etc (see sample safety plan,
Appendix 26); explain to the plaintiff the domestic violence legal procedures;
establish a record, including findings of fact; amend the complaint to conform to the
testimony, where appropriate; inquire as to all relief requested by the applicant to
determine the appropriateness of same; and prepare a case specific TRO, where one
IV - 1

is to be entered. The court should ensure that the victim has been offered the services
of the Domestic Violence Response Team.
4.1.4

The judge or law enforcement officer shall ensure that a tape recording or
stenographic record is made of the testimony; if neither is available, the judge shall
prepare adequate long-hand notes summarizing what has been said by the applicant,
police officer and any witnesses.

4.1.5

Where the Municipal Court judge determines that defendant possesses or has access
to weapons, firearms, a firearms identification card or purchaser permit, the judge
shall also comply with the weapons procedure Section V of this manual.

4.1.6

After hearing testimony from the victim, the judge shall issue or deny the TRO. If
the TRO is denied, the judge shall state the reasons. When a TRO is entered, a return
date for the Final Hearing is to be set within ten (10) days. Whether granted or
denied, the judge should check the appropriate box and sign the TRO or direct the
law enforcement officer to check the box and print the judge’s name on the order as
authorized by Rule 5:7A, or as authorized by E-TRO procedures (Appendix 6).

4.1.7

Contemporaneously, the judge shall issue a written Confirmatory Order (See
Appendix 7) and shall enter the exact time of issuance, as required by Rule 5:7A(b).

4.1.8

When a TRO is granted, copies of the Complaint/TRO shall be provided to:

4.1.9

A.

The victim;

B.

The law enforcement agency of the municipality in which the victim resides
or is sheltered;

C.

The law enforcement agency that will serve the defendant with the
Complaint/TRO;

D.

The Domestic Violence Unit of Superior Court. This copy should be faxed
immediately, or sent via electronic mail, where E-TRO procedures are in
place; and,

E.

The Municipal Court judge.

When a TRO is denied, the plaintiff shall receive a copy of the Complaint/TRO but
the defendant shall not. It shall be forwarded to the Domestic Violence Unit of the
Family Division.

4.1.10 When the defendant is arrested for a crime or offense arising out of a domestic
violence situation, the Municipal Court judge or court administrator shall fix bail
when requested to do so pursuant to Rule 5:7A-1 and N.J.S.A. 2B:12-21a, except
when a Superior Court Judge must set bail pursuant to Rule 3:26-2(a).
IV - 2

4.1.11 When the Superior Court is closed, the Municipal Courts must be accessible to
victims in need of emergent relief. Each Municipal Court shall ensure that there is
adequate backup coverage for domestic violence cases and other emergent matters
for each Municipal Court in that vicinage. The Court Administrator of each
Municipal Court in each vicinage should provide the police or other law enforcement
officers covering that municipality with a list of names and phone numbers (in order
of priority) to be contacted in domestic violence cases, starting with the sitting
Municipal Court judge, the back up judge, the Presiding Judge of the Municipal
Court (where applicable) and the emergent duty Superior Court judge.
4.1.12 Municipal Court Costs. Municipal Court costs shall not be imposed against a
plaintiff/complainant who seeks the dismissal of a disorderly or petty disorderly
complaint arising out of a domestic violence matter except if imposed pursuant to
N.J.S.A. 2B:12-24.
4.2

SUPERIOR COURT, FAMILY DIVISION PROCESSING
During court hours for Domestic Violence matters (Monday through Friday, 8:30 AM to at
least 3:30 PM), a victim of domestic violence will be referred to the Superior Court, Family
Division to sign a domestic violence complaint. When a criminal complaint is also signed, it
is to be processed separately for investigation and prosecution through the
Criminal/Municipal Courts.

4.3

TAKING A COMPLAINT IN SUPERIOR COURT, FAMILY DIVISION
4.3.1

When a victim arrives, the victim should be directed to the Domestic Violence Unit.
A victim shall be given a Victim Information Sheet (VIS) to complete (See Appendix
1). At this time, the victim should be fully informed about her/his right to file a
criminal complaint, a domestic violence complaint, or both types of complaints. The
victim should be told about the differences between the two proceedings and about
the relief available under each. The victim can then make an informed decision based
on her/his own needs and a clear understanding of the options available.

4.3.2

The victim should be assisted and accompanied by a victim advocate whenever
possible. A victim advocate should be available to speak with all victims or potential
victims at all stages of the court process. The victim advocate should be given as
much support as possible (e.g. space for interviewing, immediate referrals), as well
as access (with the victim) to the courtroom. The victim advocate should be advised
when every initial intake or application for dismissal is presented to offer assistance
to the victim at this early stage in the process. When a victim advocate is not
available, courts, police, prosecutors and law enforcement should have contact names
and numbers readily available to give to all victims, preferably in the form of a card
or pamphlet.

4.3.3

A domestic violence staff person shall interview the victim in a private area and
IV - 3

advise and inform the victim of rights, options and appropriate referrals.
4.3.4

Based upon the information provided by the victim on the VIS, the staff person will
search FACTS for both parties’ history and case history. The case is established and
docketed on FACTS, where appropriate, which results in the production of the
Complaint/TRO. The party case history should be made part of the court’s file. If it
is determined while searching FACTS that plaintiff has an active restraining order
against defendant or that taking a complaint is inappropriate for any other reason, the
complaint should not be docketed.

4.3.5

Staff should be certain that the victim’s allegations are fully set forth in the body of
the domestic violence complaint, as well as any prior history or acts of domestic
violence, whether or not reported.

4.3.6

The determination of whether the incident constitutes domestic violence is a legal
issue to be determined by a judge or Domestic Violence Hearing Officer (DVHO). A
victim should rarely be turned away. Legal sufficiency or jurisdiction, applicability
of definitions such as “household member” or “dating relationship,” or the
appropriateness of using the domestic violence process to address a particular
problem are all decisions for a judge or DVHO. Screening by staff should be
concentrated on information gathering, and only those cases that clearly fall outside
the scope of the law should be rejected at the staff level. In these situations, the
rejection of a complaint by staff should be reviewed by a supervisor who should
ensure that appropriate alternate remedies are explained to the victim.

4.3.7

When available and in appropriate cases, a victim can choose to have their complaint
heard by a DVHO. Proceedings before a DVHO shall be in accordance with the
approved DVHO Standards (See Appendix 3). Those cases that are not heard by a
DVHO shall be brought to a judge.

4.3.8 When a TRO is not recommended by the DVHO, the DVHO must advise the
plaintiff of his/her option to see a judge for a hearing de novo, in accordance with the
DVHO Standards.
4.3.9

The judge or DVHO must follow Section 5.10 regarding weapons if there is any
allegation that the defendant owns or has access to a weapon(s), a firearms
identification card or permit to purchase a handgun.

4.3.10 When an applicant seeks a TRO, she or he must be asked if he or she wishes to
request ongoing child support at the FRO hearing. If he or she wishes to pursue this
relief, Intake must provide the applicant with a IV-D application to be completed
during the intake process. Parts E–H should be placed in the court file. Parts A-C
should be provided to the Plaintiff as reference information.
4.3.11 The appropriate reliefs should be added to FACTS (i.e., paternity and/or child
support.) If paternity has not been previously established for the child(ren), a request
to establish paternity at the final hearing must be entered on line 13 of the TRO.
IV - 4

Paternity need not be established if the parties are married or if a legal determination
of paternity has been made previously. If a Certificate of Paternity has been signed,
this can be indicated on the TRO and a copy maintained in the file.
4.3.12 When a child support obligation is established, the information regarding paternity
and the monetary amount must be entered on both the FRO and the Uniform
Summary Support Order (USSO, Appendix 31). Paternity determination is required
to be recorded on the FRO at line 1 of Part 2 relief and on the appropriate check-off
boxes on the USSO.
4.3.13 When a defendant comes to the Intake Office, FACTS should be searched to
determine if service of the FRO and the USSO has been accomplished. If these
orders have not been served on defendant, service shall be documented by requesting
the defendant to sign the orders or court staff may initial the orders with the current
date indicating that the defendant received the orders. Service by a law enforcement
officer is documented by signature on the FRO.
4.4

ACCESS IN SPECIAL CIRCUMSTANCES
4.4.1

Victims shall personally appear during regular court hours. A procedure shall be
implemented by the Family Division Manager to allow victims to obtain emergent
relief through telephonic contact with a judge pursuant to Rule 5:7A where a victim
is unable to personally appear. Telephonic testimony may be permitted at the TRO
or FRO hearing in the discretion of the court.

4.4.2

If a victim is physically or mentally incapable of filing personally, a judge may issue
a temporary restraining order requested by a person who represents the applicant
provided the judge is satisfied that (1) exigent circumstances exist to excuse the
failure of the applicant to appear personally and (2) that sufficient grounds for
granting the application have been shown.

4.4.3

The Family Division shall be prepared to accept domestic violence complaints until
at least 3:30 PM during days when the Superior Court is in session. The regular
business hours of the Domestic Violence Unit or other office accepting domestic
violence complaints shall be clearly posted and disseminated to all Municipal Courts
and law enforcement personnel in the vicinage. See sections 2.2.2 and 2.2.3.

4.4.4

There are occasions when a person seeking to file a domestic violence
Complaint/TRO arrives too late in the day for it to be processed and heard during
regular court hours. During the interim period between the Domestic Violence Unit’s
close of business and when the courthouse actually closes, victims shall not be turned
away. Each county shall develop a procedure in such instances for either in-person
or telephonic communication under Rule 5:7A between the victim and an on-site or
emergent duty judge, so that the request for emergent relief can be handled without
the necessity of the victim having to go to the local police station or the Municipal
Court.
IV - 5

4.4.5

4.5

On weekends, holidays or during those hours when the Superior Court is not in
session, a victim should be referred to local law enforcement officials, so that her/his
Complaint/TRO can be processed by a law enforcement officer and heard by a
Municipal Court judge.

INITIAL/EMERGENT HEARING
4.5.1

Once a domestic violence victim has been interviewed and the necessary paperwork
has been processed and is ready for court, every effort should be made for the case to
be heard within one hour.

4.5.2

In those cases where both parties appear at the courthouse and each seeks a
temporary restraining order against the other, a judge should hear each
Complaint/TRO separately and grant relief where appropriate. The same judge
should consider these complaints to ensure that the orders do not contain conflicting
provisions for such matters as possession of the residence and custody of the
children.

4.5.3

At the initial hearing, the court upon ex parte application shall administer an oath to
the applicant and take testimony regarding (a) the alleged domestic violence; (b) the
past history of domestic violence between the parties, if any; (c) the reason the
applicant’s life, health, or well-being is endangered; (d) whether firearms or weapons
are present or available to the defendant; and shall (e) state with specificity the
reasons for and scope of any search and seizure authorized by the Order (See Section
on Weapons); and (f) make general inquiry as to all relief requested by the applicant
to determine the appropriateness of same.

4.5.4

The judge or DVHO shall review all related case files involving the parties; ensure
that plaintiff is informed about legal rights and options and available protective
services, including shelter services, safety planning, etc.; explain to the plaintiff the
domestic violence legal process and procedures; establish a record, including
findings of fact and conclusions of law forming the basis of any determination; rule
on the admissibility of evidence; amend the complaint to conform to the testimony,
where appropriate; and prepare a comprehensive case specific TRO, where one is to
be entered. When a TRO is granted, the order must be completed and signed in
accordance with Rule 5:7A.

4.5.5

After hearing testimony from the victim, the judge will issue or deny the TRO,
setting forth the reasons therefore. Unless the judge denies the TRO and dismisses
the Complaint/TRO, a return date for the Final Hearing is to be set within ten (10)
days.

4.5.6

When a TRO is granted, the Order must be completed and signed by the judge.
Copies shall be provided to:

IV - 6

4.5.7

A.

The victim;

B.

The law enforcement agency of the municipality in which the victim resides
or is sheltered; and

C.

The law enforcement agency which will serve the defendant with the
Complaint/TRO.

When a TRO is not granted, the court must check the box stating that the TRO was
denied and sign the order. This automatically dismisses the Complaint/TRO. (NOTE:
If the TRO is denied, no copy of the Complaint/TRO is to be provided to the
defendant. If a later TRO refers to the prior complaint, a copy of the prior complaint
can be provided to the defendant upon request even though the prior complaint was
dismissed.)
If after the entry of a TRO, the plaintiff returns to court to amend the
TRO/Complaint, an amended complaint containing the additional allegation(s)
should be taken. The defendant shall be served with the amended TRO complaint in
accordance with the procedures in section 4.6. If the defendant has not been served
with the amended complaint prior to the Final hearing an adjournment may be
granted and a continuance order or amended TRO be issued if defendant needs
additional time to prepare.

4.6

PROCEDURES FOR SERVICE OF COMPLAINT/TRO/FRO
4.6.1

The Complaint/TRO shall be served on the defendant by personal service,
immediately following the entering of such order. This service is effectuated by the
procedures outlined in each county, through the Municipal or State police, Sheriff’s
Department or both. Substituted service is permitted only by specific court order.

4.6.2

The Sheriff’s Officer or court staff member will provide the plaintiff two copies of
the Complaint/TRO. The plaintiff may, but is under no circumstances required, to
provide a copy to the police department or residence or where sheltered. The plaintiff
shall be advised to keep a copy of the TRO on with them at all times.

4.6.3

If the parties reside together and the defendant is being removed from the home, the
plaintiff will be instructed to report to the appropriate law enforcement agency for
accompaniment to the residence if appropriate.

4.6.4

The Family Division, Domestic Violence Unit must immediately fax a copy of the
Complaint/TRO to the municipality where the defendant resides or may be served,
and to all law enforcement agencies that can or may assist in the service and
enforcement of the Order. This can be specified in the Comments section of the
TRO.

IV - 7

At no time shall the plaintiff be asked or required to serve any order on the
defendant. N.J.S.A. 2C:25-28.
4.6.5

4.7

Once service on the defendant is attempted (successfully or unsuccessfully), the
return of service portion of the TRO must be completed by the appropriate law
enforcement agency and immediately faxed to Family Court (Domestic Violence
Unit) and if issued by a Municipal Court, the court which issued the TRO. The
original shall be returned to the Domestic Violence Unit.

SERVICE OUT OF COUNTY
4.7.1 When a temporary or final restraining order is issued that requires service outside the
issuing county, the restraining order must immediately be brought or faxed to the
Sheriff’s Department or other designated law enforcement agency in the issuing
county.
A.

The Sheriff’s Department or other designated law enforcement agency in the
issuing county must bring or fax the order and related documents to the
sheriff’s department or other designated law enforcement agency in the
county of the defendant’s residence or business.

B.

The Sheriff’s Department or other designated law enforcement agency in the
receiving county, pursuant to local policy, will either:

C.

(1)

Execute service on the defendant, or

(2)

Immediately bring or fax the order and related documents to the
sheriff or other designated law enforcement agency in the
municipality in which the defendant resides or works so that it can
execute service accordingly.

The return of service should then be faxed back to the sheriff’s department or
other designated law enforcement agency in the issuing county, which in turn
must immediately deliver or fax the return of service to the Family Division
in the issuing county.

4.7.2 Once service on the defendant is attempted, successfully or unsuccessfully, the return
of service portion of the TRO must be filled out by the sheriff’s department or other
designated law enforcement agency and immediately faxed or returned to the Family
Division prior to the scheduled final hearing date.
4.7.3

When an order must be served on a defendant who is out-of-state, the law
enforcement officer or agency or court staff should contact the State Police or Family
Court in the other state to determine the procedures for service in that state
(Appendix 29 and 30).

IV - 8

4.8

4.9

APPEALS OF EX PARTE ORDERS
4.8.1

N.J.S.A. 2C:25-28(i) provides that any TRO is immediately appealable by plaintiff or
defendant for a plenary hearing de novo, not on the record below, before any
Superior Court, Family Division Judge in the county where the TRO was entered if
that judge issued the temporary order or has access to the reasons for the issuance of
the TRO and sets forth on the record the reason for the modification or dissolution.

4.8.2

Upon receipt of a request for an emergent appeal, staff shall obtain the reasons for
the request of appeal and assist the appealing party in completing the “Appeal of Ex
Parte Order” (See Appendix 8), and present the request with the file to the judge for
consideration.

4.8.3

If the application is granted, an emergent hearing will be scheduled with adequate
notice to both parties as to the purpose of the hearing and the issues to be addressed.
The judge must place the reasons for continuing, modifying or dissolving the TRO
on the record.

4.8.4

If the application is denied, the reasons shall be set forth by the judge on the “Appeal
of Ex Parte Order” form and the FRO hearing will proceed as initially scheduled.

PROCEDURES FOR FINAL HEARINGS
4.9.1

A final hearing must be scheduled within ten days of the filing of the
Complaint/TRO in the county where the Complaint/TRO was issued unless good
cause is shown for the hearing to be held elsewhere. Each county shall provide the
police and Municipal Courts with the designated days and times for final hearings.

4.9.2

If the return of service on the defendant has not been received by the day before a
final hearing, a designated domestic violence team member shall check with the
appropriate law enforcement agency responsible for service (such as sheriff or local
police) to ascertain whether the defendant was successfully served. The return of
service portion of the TRO must be immediately faxed to the domestic violence team
by law enforcement.

4.9.3

The Continuance Order may be used when a new date must be scheduled and there
are no substantive changes to the TRO. When substantive changes, including
amendments to the complaint, are needed, an Amended TRO shall be used, which
shall set forth the changes. The TRO must be attached to the Continuance Order for
service. If the defendant has been served with the TRO, notice of the new date may
be made by mail, if an address is known.

4.9.4

Any defendant who qualifies under the Servicemembers Civil Relief Act, 50 U.S.C.
501, et. seq., is entitled to have the proceedings stayed while the member is either in
military service or within 90 days after termination or release from such service for a
servicemember who has received notice of such proceedings, if the court receives a

IV - 9

letter or other communication: (1) stating that current duty requirements materially
affect the servicemember’s ability to appear; or (2) from the servicemembers
commanding officer stating that current duties prevent the servicemember’s
appearance and that military leave is not authorized. This also permits a
servicemember granted a stay from such proceedings to apply for an additional stay
based on continuing material effect of military duty on the ability to appear. This
shall be entered into FACTS as an extended TRO.
The restraining order shall stay in effect until such stay is lifted.
4.9.5 Nonappearance By Either Party: If no one appears for the final hearing, a domestic
violence team member shall attempt to contact the plaintiff and defendant and collect
as much information as practicable about the reasons for nonappearance and present
same to the court for consideration prior to the dismissal of any Order.
The matter shall be rescheduled where there is no appearance by either party
unless the court is fully satisfied that a dismissal meets the standards as set forth on
the Order of Dismissal (See Appendix 14).
4.9.6

Nonappearance by the plaintiff: The domestic violence team member shall attempt to
contact the plaintiff to collect as much information as practicable about the plaintiff’s
nonappearance and present the information to the court. Communications about the
plaintiff shall be made outside the presence of the defendant. The file and notes
reflecting the findings shall then be brought to the judge. If only the defendant
appears, [s]he should be questioned under oath concerning knowledge of the
plaintiff’s whereabouts. The court shall inquire if the defendant caused or is
responsible for the nonappearance of the plaintiff.
If (1) the plaintiff can be contacted, and (2) the judge is satisfied (after
hearing both parties’ explanations) that the plaintiff’s failure to appear was not the
result of coercion and duress, and (3) the findings required as per the Order of
Dismissal were made, the court may issue an Order of Dismissal. If not, or if the
plaintiff cannot be contacted, the matter shall be rescheduled.
Any dismissal order shall be without prejudice, and any Order of Dismissal or
order modifying the TRO shall be faxed or otherwise transmitted to the applicable law
enforcement agency.

4.9.7

Warrants shall not be used to secure the presence of the plaintiff in court under any
circumstances when the plaintiff has failed to appear or has allowed the defendant
back into the residence.
When a plaintiff is unable to appear at the final hearing for good cause
shown, arrangements shall be made for a telephonic appearance on the record.

IV - 10

4.9.8

Nonappearance by the Defendant: If only the plaintiff appears, the plaintiff’s request
for relief should be identified in accordance with the domestic violence procedures.
A.

Where the defendant does not appear at the final hearing, and proof of
service has been provided, the court should proceed with the final hearing
and may enter a final order in default.

B.

If the court file does not contain proof of service, the court should conduct a
hearing in the presence of the plaintiff to determine the following:

C.



Whether the plaintiff has seen the defendant in the court house or
knows of the defendant’s whereabouts;



Whether the plaintiff is aware of whether the defendant was served
and the basis for such knowledge;



Whether the defendant has had any contact with the plaintiff since
execution of the temporary restraining order; and



Whether the same or different conditions exist in comparison to those
at the time of the initial hearing.

If the court determines that the defendant had actual knowledge of the
restraining order and hearing date, after making such finding on the record,
the court may proceed with the final hearing and may enter a final order by
default.

4.9.9 Defendant Not Served: If the court determines that the defendant has not been served
but finds there is reasonable likelihood of service on the defendant within a
reasonable amount of time (e.g. the defendant’s whereabouts are known, but the
defendant is on vacation), a short postponement shall be granted and a date certain
scheduled, which shall be memorialized in a Continuance Order (See Appendix 9) or
Amended TRO. The Continuance Order shall be served on the defendant with the
Complaint/TRO.
In the event that it is unlikely the defendant can be served within a reasonable
period of time, then the court can issue an indefinite TRO. This TRO shall continue
the reliefs requested by the plaintiff until further order of the court and contain a
provision that a final hearing shall be rescheduled upon service on the defendant.
The case will be recorded as disposed of in FACTS with the case status reason code
of “extended TRO.”
4.10

APPEARANCE BY BOTH PARTIES
4.10.1 When both parties appear for a Final Hearing, the victim and defendant should be
kept in different locations and directed to the appropriate intake or waiting area for
IV - 11

case processing by the domestic violence unit. Separate waiting areas must be
available for victims to avoid potential contact, intimidation, or additional violence
or victimization.
4.10.2 Information Gathering
A.

A domestic violence staff person should meet with each party, separately,
prior to court to review identifying information and to determine if the case is
likely to be a contested trial or a dismissal. The domestic violence staff
person should review with the plaintiff what relief is being sought and
explain the procedure to be followed in a trial, including the right to call
witnesses and present evidence. In addition, a victim advocate should be
available to confer with the plaintiff before the court session.

B.

Court staff shall not meet with the parties together or conduct mediation of
any sort on any issue, such as custody or parenting time, per N.J.S.A. 2C:2529a(6) and Rule 1:40-5(a).

C.

If support is being sought as a relief, staff should ensure that both parties
have completed the required forms with complete identifying and financial
information. Staff support should be provided to the judge to calculate Child
Support Guidelines.

D.

Counsel for the parties may participate in the staff held meetings. No party
shall be required to meet with opposing counsel without his/her clear, express
consent.

4.10.3 No Mediation. There shall be no mediation of any kind in domestic violence cases.
4.10.4 Request for Continuance. The court may grant an adjournment or continuance if
either party requests an adjournment for the purpose of obtaining or consulting with
an attorney, securing witnesses, or other good cause, unless the delay would create
an extreme hardship on the other party, or there has been an inordinate delay in
seeking counsel.
4.10.5 Court Files. At the time of the Final Hearing, the court’s file should contain the
Complaint/TRO; the Victim Information Sheet; FACTS history of the parties and
children; and prior domestic violence history, if any; and relevant financial, social
and criminal record history.
4.10.6 Confidentiality. All records maintained pursuant to the PDVA are confidential as
specified by N.J.S.A. 2C:25-33. However, all court proceedings under the Act are
open unless closed by the court in accordance with the Rules.
4.11

TRANSFER OF MATTERS BETWEEN COUNTIES

IV - 12

Pursuant to N.J.S.A. 2C:25-29 and Rule 5:7A, a final hearing is to be held “in the county
where the ex parte restraints were ordered, unless good cause is shown for the hearing to be
held elsewhere.” A Domestic Violence matter may be transferred between vicinages by order
of the presiding judge or his or her designee in the following situations:
A.

Plaintiff or defendant works in family court in the original county of venue,
consistent with the judiciary “Policy and Procedures for Reporting Involvement in
Criminal/Quasi- Criminal Matters”;

B.

There is an FM or FD matter pending in the other county;

C.

The filing of the TRO and FRO are where the act(s) occurred but plaintiff or both
parties reside in another county, upon application by either party;

D.

Such other matters for good cause shown.

See also Directive #3-05, “Intercounty Child Support Case Management Policy.”
4.12

FINAL HEARING
A final hearing is described in N.J.S.A. 2C:25-29a as follows:
A hearing shall be held in the Family Division of the Chancery Division of
the Superior Court within 10 days of the filing of a complaint pursuant to
section 12 of this act in the county where the ex parte restraints were ordered,
unless good cause is shown for the hearing to be held elsewhere. A copy of
the complaint shall be served on the defendant in conformity with the Rules
of Court. If a criminal complaint arising out of the same incident that is the
subject matter of a complaint brought under N.J.S.A. 2C:25-28a has been
filed, testimony given by the plaintiff or defendant in the domestic violence
matter shall not be used in the simultaneous or subsequent criminal
proceeding against the defendant, other than domestic violence contempt
matters and where it would otherwise be admissible hearsay under the Rules
of Evidence that govern unavailable parties. At the hearing the standard for
proving the allegations in the complaint shall be by a preponderance of the
evidence. The court shall consider but not be limited to the following
factors:
(1)

The previous history of domestic violence between the plaintiff and
defendant including threats, harassment and physical abuse;

(2)

The existence of immediate danger to person or property;

(3)

The financial circumstances of the plaintiff and defendant;

(4)

The best interests of the victim and any child;
IV - 13

(5)

In determining custody and visitation, the protection of the victim’s
safety; and

(6)

The existence of a verifiable order of protection from another
jurisdiction.

When the allegations in the plaintiff’s complaint are incomplete and/or it becomes
evident at the final hearing that the plaintiff is seeking a restraining order based upon acts
outside the complaint, the court, either on its own motion or on a party’s motion, shall amend
the complaint to include those acts, which motion shall be freely granted. Due process
requires that the judge make an inquiry as to whether the defendant needs additional time to
prepare in light of the amended complaint. A brief adjournment may be required if the judge
determines that the defendant did not have adequate notice and needs time to prepare. If an
adjournment is granted, a continuance order or an amended TRO shall be entered.
If there is a verifiable order for protection from another state and the court has
jurisdiction over the defendant then the acts of violence that lead to that Order may be
viewed as providing adequate basis for the issuance of like restraints in New Jersey, without
a need for alleging additional acts of violence (See Section VII on Full Faith and Credit.)
4.13

DISPOSITIONS
4.13.1 Following a final hearing, the court should either enter an FRO with appropriate
relief upon a finding of domestic violence, or an admission of an act of domestic
violence by the defendant; or, dismiss the Complaint/TRO and dissolve all restraints
if domestic violence has not been established; or, if appropriate, adjourn the final
hearing and continue the restraints on an interim basis until a final determination can
be made.
4.13.2 The court only has jurisdiction to enter restraints against a defendant after a finding
by the court or an admission by the defendant that the defendant has committed an
act(s) of domestic violence. A defendant’s admission or stipulation to committing an
act of domestic violence must comply with the following:
A.

The parties must be sworn before any action is taken on the complaint,
particularly when one or both of the parties appear pro se;

B.

The defendant must provide a factual basis for the admission that an act of
domestic violence has occurred; and

C.

Where it becomes clear that defendant does not agree that the conduct
constituted an act of domestic violence, the hearing must proceed.

4.13.3 If prior to or during the final hearing, a defendant alleges that the plaintiff committed
an act(s) of domestic violence, defendant should be instructed to file a separate
IV - 14

domestic violence Complaint/TRO. The complaint should receive a separate docket
number and, if practicable, both cases should be heard that day unless continued for
good cause.
4.13.4 Where each party has a separate Complaint/TRO: If both parties admit to or are
found to have committed an act or acts of domestic violence, a final order must be
entered on each separate docket number where each party is the defendant. “Mutual
Restraints” cannot be issued on a single restraining order.
4.14

REMEDIES AVAILABLE UNDER THE ACT
Following a hearing and a finding of domestic violence, the court may issue an order
granting any or all of the following relief, including any relief “necessary to prevent further
abuse,” pursuant to N.J.S.A. 2C:25-29b.
4.14.1
4.14.2
4.14.3
4.14.4
4.14.5
4.14.6
4.14.7
4.14.8
4.14.9
4.14.10
4.14.11
4.14.12
4.14.13
4.14.14
4.14.15

Weapons
Further acts of violence
Exclusive possession of residence
Parenting Time and Risk Assessments
Monetary compensation, including support
Professional domestic violence counseling
Restraints from certain locations
Communication restraints
Other support and personal property
Temporary custody
Law enforcement accompaniment
No in-house restraints
Any other appropriate relief, including monitoring that relief
Prohibition from possessing weapons
Prohibition against stalking

4.14.1 Weapons – In addition to any other provisions, any restraining order issued by the
court shall bar the defendant from purchasing, owning, possessing or controlling a
firearm and from receiving or retaining a firearms purchaser identification card or
permit to purchase a handgun pursuant to N.J.S.A. 2C:58-3 during the period in
which the restraining order is in effect, or two years whichever is greater, except that
this provision shall not apply to any law enforcement officer while actually on duty,
or to any member of the Armed Forces of the United States or member of the
National Guard while actually on duty or traveling to or from an authorized place of
duty. [N.J.S.A. 2C:25-29b, effective January 14, 2004.]
4.14.2 Further acts of violence – An order restraining the defendant from subjecting the
victim to domestic violence, as defined in this act. [N.J.S.A. 2C:25-29b(1).]
4.14.3 Exclusive possession of residence – An order granting exclusive possession to the
plaintiff of the residence or household regardless of whether the residence or
IV - 15

household is jointly or solely owned by the parties or jointly or solely leased by the
parties. This order shall not in any manner affect title or interest to any real property
held by either party or both jointly. If it is not possible for the victim to remain in the
residence, the court may order the defendant to pay the victim’s rent at a residence
other than the one previously shared by the parties if the defendant is found to have a
duty to support the victim and the victim requires alternative housing. [N.J.S.A.
2C:25-29b(2).]
4.14.4 Parenting Time and Risk Assessments - An order providing for parenting time. The
order shall protect the safety and well-being of the plaintiff and minor children and
shall specify the place and frequency of parenting time. Parenting time arrangements
shall not compromise any other remedy provided by the court by requiring or
encouraging contact between the plaintiff and defendant. Orders for parenting time
may include a designation of a place of parenting time away from the plaintiff, the
participation of a third party, or supervised parenting time. [N.J.S.A. 2C:25-29b(3).]
The court shall consider a request by a custodial parent who has been
subjected to domestic violence by a person with parenting time rights to a child in
the parent’s custody for an investigation or evaluation by the appropriate agency to
assess the risk of harm to the child prior to the entry of a parenting time order. Any
denial of such a request must be on the record and shall only be made if the judge
finds the request to be arbitrary or capricious. [N.J.S.A. 2C:25-29b(3)(a).]
The custodial parent can request an assessment of risk of harm to the child or
children posed by unsupervised parenting time with the defendant prior to the entry
of an order for parenting time. When this request is noted as a desired form of relief
on the Complaint/TRO, or when the request is made either at the emergent or final
hearing, a risk assessment must be ordered unless, on the record, the judge finds the
request to be arbitrary or capricious and thus denies the request.
Risk Assessment reports must be completed on the “Visitation Risk
Assessment Sheet” (See Appendix 15) and may be completed by in-court
professional staff person or by an outside professional. The assessment shall serve as
a minimum standard for assessing the potential risk of harm to children posed by
establishing a parenting time schedule with the defendant. The order for a Risk
Assessment should also prompt the setting of a return date before the court in
approximately three weeks. The Risk Assessment report should be completed prior
to the scheduled date and provided to the parties and counsel along with a
“Protective Order” pursuant to the standards adopted by the Judiciary (See Appendix
16).
If interim parenting time is ordered during the initial three week period, and
the vicinage has a court-sponsored or approved supervised visitation site, the
parenting time should be supervised by an individual designated by the court or
through the auspices of the supervised parenting time program and should have clear
instructions regarding the arrival and departure of the victim, children and defendant

IV - 16

so as not to compromise the safety of the victim in any way. Security must be
available at the parenting-time site, and the individual(s) who is (are) supervising the
parenting time must be advised as to the emergency procedures that must be
employed if a particular parenting time session appears dangerous. If the Risk
Assessment has not been completed before the return date, the court may enter an
interim order to continue supervised visitation or hold the hearing to consider any
additional applications or evidence that relates to the issue of parenting time.
The court shall consider suspension of the parenting time order and hold an
emergency hearing upon an application made by the plaintiff certifying under oath
that the defendant’s access to the child pursuant to the parenting time order has
threatened the safety and well-being of the child. [N.J.S.A. 2C:25-29b(3)(b).]
Pursuant to N.J.S.A. 2C:25-29b(3)(b), a plaintiff in a domestic violence
matter may, as a form of pre- or post-dispositional relief, request that an order for
parenting time issued pursuant to N.J.S.A. 2C:25-29b(3) be suspended. A hearing
must then be held upon the plaintiff’s application that the defendant’s continued
access to the child or children pursuant to the parenting time order has threatened the
safety and well-being of the child or children.
This request may be made immediately upon the entry of an order for
parenting time or at any point subsequent to the entry of such an order.
4.14.5 Monetary Compensation, including Support - An order requiring the defendant to
pay to the victim monetary compensation for losses suffered as a direct result of the
act of domestic violence. The order may require the defendant to pay the victim
directly, to reimburse the Victim of Crime Compensation Agency for any and all
compensation paid by the Victim of Crime Compensation Agency directly to or on
behalf of the victim, and require that the defendant reimburse any parties that may
have compensated the victim, as the court may determine. Compensatory losses
shall include, but are not limited to, loss of earnings or other support, including child
or spousal support, out-of-pocket losses for injuries sustained, cost of repair or
replacement of real or personal property damaged or destroyed or taken by the
defendant, cost of counseling for the victim, moving or other travel expenses,
reasonable attorney’s fees, court costs, and compensation for pain and suffering.
Where appropriate, punitive damages may be awarded in addition to compensatory
damages. [N.J.S.A. 2C:25-29b(4).]
Each county shall establish a procedure for the collection and distribution of
emergent monetary relief, whether ordered by the Superior Court or Municipal
Court. Special care should be taken to avoid the entry of an order that requires the
victim to have contact with the defendant in order to receive money under this
section. Courts. Courts should give consideration to all forms of monetary relief
listed in the statute, above.

IV - 17

Support may be ordered in an FRO pursuant to N.J.S.A. 2C:25-29b (4) and
(10), which provides for both emergent monetary relief that includes emergency
support for minor children and compensatory losses in the form of child or spousal
support. An order for emergency monetary relief or child support or spousal support
may be entered without prejudice to a pending dissolution case, particularly when
done on an ex parte basis. Monetary compensation in the form of ongoing support
utilizing the child support guidelines, where applicable, should be issued at the final
hearing if the court is able to consider testimony. All child support shall be paid by
income withholding from any source of funds or income.
4.14.6 Professional domestic violence counseling - An order requiring the defendant to
receive professional domestic violence counseling from either a private or courtappointed source and, in that event, at the court’s discretion requiring the defendant
to provide the court at specified intervals with documentation of attendance at the
professional counseling. The court may order the defendant to pay for the
professional counseling. [N.J.S.A. 2C:25-29b(5).]
This section permits the court to order the defendant into a batterers
intervention program as part of the professional domestic violence counseling option.
Victims shall never be ordered into counseling of any kind.
4.14.7 Restraints from certain locations - An order restraining the defendant from entering
the residence, property, school, or place of employment of the victim or other family
or household members of the victim and requiring the defendant to stay away from
any specified place that is named in the order and is frequented regularly by the
victim or other family or household members. [N.J.S.A. 2C:25-29b(6).]
A victim shall not be required to disclose any residence or place of
employment nor shall the court require such disclosure on the record. The FRO
should include (where appropriate) specific names and addresses identifying the
locations from which the defendant is barred and the people that the defendant is
restrained from contacting, communicating with, harassing, or stalking.
4.14.8 Communication restraints - An order restraining the defendant from making contact
with the plaintiff or others, including an order forbidding the defendant from
personally or through an agent initiating any communication likely to cause
annoyance or alarm including, but not limited to, personal, written, or telephone
contact with the victim or other family members, or their employers, employees, or
fellow workers, or others with whom communication would be likely to cause
annoyance or alarm to the victim. [N.J.S.A. 2C:25-29b(7).]
4.14.9 Other support and personal property - An order requiring that the defendant make or
continue to make rent or mortgage payments on the residence occupied by the victim
if the defendant is found to have a duty to support the victim or other dependent
household members; provided that this issue has not been resolved or is not being
litigated between the parties in another action. [N.J.S.A. 2C:25-29b(8).]
IV - 18

An order granting either party temporary possession of specified property,
such as an automobile, checkbook, documentation of health insurance, an
identification document, a key, and other personal effects.
An order awarding emergency monetary relief, including emergency support
for minor children, to the victim, and other dependents, if any. An ongoing
obligation of support shall be determined at a later date pursuant to applicable law.
[N.J.S.A. 2C:25-29b(10).]
The court should determine, where necessary, the issue of paternity and the
duty to support. If the defendant has a duty to support, as established by a prior
finding of paternity, a Certificate of Paternity, an admission of paternity, or a
presumption of paternity based on marriage, the court should review the available
information, apply the Child Support Guidelines if appropriate and enter a support
order payable through income withholding. The order should be referenced in the
FRO and entered on the two page support order form, payable and enforced through
probation. In the event paternity of defendant is not established, any money paid for
child support may be refunded to the defendant in accordance with applicable case
law. The method by which the court determined paternity shall be indicated on the
order.
If paternity has not been established, the court may order genetic testing and
employ the same procedures used by the county in FD matters. In this instance the
judge should enter an FRO including all of the other reliefs and restraints. This case
will be “disposed” in FACTS with a standing FRO. When the results of the genetic
test are received, the case should be reopened on the court’s motion for a hearing on
the paternity and support issues. All proceedings are held on the FV docket before a
judge.
Following the entry of an order under the FV docket, all subsequent
applications between the parties involving paternity, custody, parenting time and
support shall be taken and heard under the FV docket. A separate FD complaint
should not be opened to address these issues. However, this section should not be
construed to prevent a party from filing a dissolution complaint.
If an FRO has been entered with relief granted and there is an FD which has
been filed but no orders yet entered, the FD will be dismissed and all subsequent
applications/modifications (e.g., support, custody, parenting time) shall be made
under the FV, so long as the FV is still in effect. If there is a pending FM, all reliefs
except the restraints shall be incorporated into the FM with the restraints continuing
in the FV docket and on the FRO. Subsequent applications or modifications for
support, custody or parenting time should take place within the FM docket number.
The FV should be reopened and modified as needed so the FM and FV are
consistent.

IV - 19

After support has been entered on the FV, an application to dismiss the FRO
and continue the support order should be addressed pursuant to the procedures in the
FD manual (section 1104) to ensure that the support continues.
In processing an FV case where there is an existing FD case, the following
provisions of the FD manual should be employed. The following is what is stated in
Section 1104 of the Non-Dissolution Manual, Standing/Pre-Existing FD Order Prior
to an FV Case which has been approved by the Conference of Family Presiding
Judges:
If there exists a previous FD order addressing custody/parenting
time and/or child support, prior to the filing of a domestic violence
action, that order shall be preserved under the FD docket. The FD
court file must be forwarded to the judge hearing the FRO or
continued TRO for review and any adjustment to the FD order to
insure conflicting orders do not exist. The FD order should be
referenced in the FV order to insure all affected parties, divisions and
agencies are aware of the multiple orders. The FD file shall be joined
to the FV file for as long as the FV case is active. For tracking
purposes, a comment should placed in FACTS indicating that the FD
court jacket is with the FV team. The FV team should link the cases
in FACTS to so that the FD and FV cases are scheduled at the same
time for any future court action.
When any party wishes to file for a modification of the FD order
during the life of the domestic violence restraining order, that case
must be heard by the judge hearing the current FV matter. Parties
should be referred to the FV team for scheduling of their FD case
while the restraining order is active. A reference to the FV restraining
order should be visible on any revised FD order and provided to all
entities that might be affected by the revision (i.e., parties, child
support enforcement, supervised visitation).
If the FV action is dismissed the judge will determine the
continued status of the FD order and note that determination on the
FV dismissal order, and on a new FD order, if necessary. At that
time the jacket shall be returned to the FD team and noted in FACTS
case comments.
If the FV case has child support, the Probation Division should be
sent copies of all modified FRO and indefinite TRO orders. If the
retraining order is dismissed, the DV indicator must be updated by
Family staff and a copy of the dismissed restraining order must be
forwarded to Probation.
If there is a restraining order in effect and the plaintiff begins to

IV - 20

receive welfare, the County Board of Social services shall be able to
file a complaint for support under a new FD docket.
NOTE: Normal FACTS/ACSES data entry procedures must be
completed.
End of quotation from the Non-Dissolution Manual.
It is important to note that enforcement of support obligations or emergent
monetary relief can be civil or criminal. If emergent monetary relief is entered under
Part I of the FRO, then enforcement is by way of criminal contempt and mandatory
arrest pursuant to N.J.S.A. 2C:29-9b. (See Section VI)
4.14.10 Temporary Custody - An order awarding temporary custody of a minor child. The
court shall presume that the best interests of the child are served by an award of
custody to the non-abusive parent. [N.J.S.A. 2C:25-29b(11).]
Violations of orders for temporary custody issued pursuant to this section are
included within the scope of N.J.S.A. 2C:29-9b, Contempt. Arrest and criminal
charges are mandatory when such an order is violated.
As set forth in the statute, when making custody decisions in domestic
violence cases, the court must presume that “the best interests of the child are served
by an award of custody to the non-abusive parent.” This mandate reflects the policy
stated in the legislative findings section, N.J.S.A. 2C:25-18, “that there is a positive
correlation between spousal abuse and child abuse, and that children, even when they
are not themselves physically assaulted, suffer deep and lasting emotional effects
from exposure to domestic violence.”
4.14.11 Law Enforcement accompaniment - An order requiring that a law enforcement
officer accompany either party to the residence or to any shared business premises to
supervise the removal of personal belongings in order to ensure the personal safety of
the plaintiff when a restraining order has been issued. This order shall be restricted
in duration. [N.J.S.A. 2C:25-29b(12).]
4.14.12 No in-house restraints - Notwithstanding any provision of 2C:25-17, et seq. to the
contrary, no order issued by the Family Division of the Chancery Division of the
Superior Court pursuant to 2C:25-28 or 2C:25-29 regarding emergency, temporary or
final relief shall include an in-house restraining order which permits the victim and
the defendant to occupy the same premises but limits the defendant’s use of that
premises. [N.J.S.A. 2C:25-28.1]
In-house restraining orders are specifically prohibited.
4.14.13 Any other appropriate relief, including monitoring that relief - An order granting any
other appropriate relief for the plaintiff and dependent children, provided that the

IV - 21

plaintiff consents to such relief, including relief requested by the plaintiff at the final
hearing, whether or not the plaintiff requested such relief at the time of the granting
of the initial emergency order. [N.J.S.A. 2C:25-29b(14).]
The Plaintiff should not be denied any relief on the basis that it was not
sought at the emergent hearing.
An order that requires that the defendant report to the intake unit of the
Family Division of the Chancery Division of the Superior Court for monitoring of
any other provision of the order. [N.J.S.A. 2C:25-29b(15).]
An order requiring the defendant to undergo a psychiatric evaluation.
[N.J.S.A. 2C:25-29b(18).]
4.14.14 Prohibition from possessing weapons - In addition to the order required by this
subsection prohibiting the defendant from possessing any firearm, the court may also
issue an order prohibiting the defendant from possessing any other weapon
enumerated in subsection r. of N.J.S.A. 2C:39-1, and ordering the search for and
seizure of any firearm or other weapon at any location where the judge has
reasonable cause to believe the weapon is located. The judge shall state with
specificity the reasons for and scope of the search and seizure authorized by the
order. [N.J.S.A. 2C:25-29b(16).] See Section 5.10 for procedure.
A specific description of the weapon and its believed location should be set
forth with as much detail as is known. The court must make findings on the record
and state with specificity the reasons for its decision and the scope of the search. (See
also Section on Weapons.)

4.14.15 Prohibition against stalking An order prohibiting the defendant from stalking or
following, or threatening to harm, to stalk or to follow, the complainant or any other
person named in the order in a manner that, taken in the context of past actions of the
defendant, would put the complainant in reasonable fear that the defendant would
cause the death or injury of the complainant or any other person. Behavior
prohibited under this act includes, but is not limited to behavior prohibited under the
provisions of N.J.S.A. 2C:12-10. [N.J.S.A. 2C:25-29b(17).]
4.15

CIVIL PENALTY
4.15.1 Upon the finding of an act of domestic violence and the entry of a FRO, the court is
required to assess a civil penalty of $50.00 to $500.00 against the defendant under
N.J.S.A. 2C:25-29.1. This fee may be waived due to “extreme financial hardship.”
Such a finding must be made on the record. The court may order the payment to be
made immediately, within 30 days, or within some other specific period of time. All
IV - 22

orders must also include a provision for the payment of a $2.00 Comprehensive
Adult Probation System (CAPS) transaction fee for each payment. For example, if
one payment of $50 is ordered, a $2 transaction fee is assessed, for a total of $52. If
a penalty of $500 is ordered to be paid in five installments of $100 each, a $2
transaction fee must be added to each payment, for a fee of $10 (five payments, $2
each) and a total penalty of $510. There is no provision for a refund of the penalty or
the transaction fee after dismissal of a FRO.
See section 6.4.8 regarding the Surcharge for domestic violence offender
to fund grants pursuant to N.J.S.A. 2C:25-29.4. This surcharge is in addition to
other penalties, fines and/or charges imposed pursuant to law.
4.15.2 Each county should prepare a set of specific instructions to defendants setting out the
location and address of the Finance Office where the payments are to be made. The
defendant should be provided with these instructions and directed to that office to
make payments pursuant to the court’s order. If the defendant does not appear at the
final hearing, payment instructions shall be served on the defendant along with the
FRO. The Family Division should send a copy of the order to the appropriate finance
office to enter into the CAPS system.
4.15.3 When the penalty is not paid in accordance with the Court’s order, the
Comprehensive Enforcement Program (CEP) in the Probation Division will serve as
the enforcement mechanism. These cases will be included in the normal CEP
process.
4.16

FINGERPRINTING AND PROCESSING
All persons against whom a FRO has been entered shall submit to fingerprinting and
photographing either on the same day as the entry of the final order or within a reasonable
time thereafter. Failure to do so is a disorderly persons offense under N.J.S.A. 53:1-15.
Each county must establish its own procedure to fingerprint, photograph and enforce these
provisions against those who do not comply (See Appendix 11).

4.17

AFTER AN FRO HAS BEEN ENTERED
4.17.1 Where an FRO includes provisions for emergent monetary relief, monetary
compensation, including child support or spousal support, custody, visitation
(particularly supervised visitation), counseling or other evaluations, or where the
order relates to third parties for whom addresses and other information are needed, or
where intake monitoring is ordered, each party should be referred to the Family staff
for their separate post-court interview. Care should be taken by staff that the parties
have no contact during the interview process. Staff can facilitate any of these items,
including the collection of the IV-D application, the initiation of Title IV-D
procedures, where applicable, and can make other appropriate arrangements. Family
staff can facilitate providing the defendant with a Child Support Probation Account

IV - 23

Number for payments made to the New Jersey Family Support Payment Center (P.O.
Box 4880, Trenton, NJ 08625-4880).
4.17.2 Professional domestic violence counseling for defendant should be considered
whenever there has been a finding of domestic violence. Whenever possible, the
order should also include provisions for monitoring or periodic court review.
4.17.3 Orders for ongoing support as a form of monetary compensation in a FRO pursuant
to N.J.S.A. 2C:25-29b(4) should be made payable to the New Jersey Family Support
Payment Center (P.O. Box 4880, Trenton, NJ 08625-4880) and the order shall be
enforced by the Probation Division in the county in which the order was entered. The
probation division will use all enforcement mechanisms applicable to the case. Staff
should ensure that the “family violence indicator” in ACSES is correctly coded.
When ongoing child support is entered, or paternity established, the court
must enter the child support, medical support and paternity decisions on the IV-D
Uniform Summary Support Order (USSO, Appendix 31), which shall be referenced
in the FRO, using the same FV docket number. The USSO must indicate whether the
child support obligation is based on the New Jersey Child Support Guidelines or if
there was a deviation from the Guidelines.
4.17.4 Each county shall develop and implement procedures to monitor compliance with
court ordered provisions, including counseling and evaluation.
4.18

SERVICE OF FRO
The defendant shall be personally served in court if present for the final hearing. If
the defendant is not present, service shall be in accordance with the procedures set forth in
the section entitled “Procedures for Service of Complaint/TRO/FRO.”

4.19

REQUESTS FOR DISMISSAL OR REOPENING
4.19.1 Withdrawals of Complaint/TRO by the plaintiff - When a victim seeks to withdraw a
civil Complaint/TRO after a TRO has been entered but prior to the entry of a final
order, the victim should do so in person and before a judge. When the request is
made by telephone, the victim should be directed to come to the courthouse and
report to the domestic violence unit. Whether the request is made in person on a
walk-in basis or on the scheduled final hearing date, the victim should be directed to
the appropriate domestic violence staff person or intake. Victims do not need to wait
until the final hearing to request a dismissal.
Where a municipal TRO was issued and the paperwork has not reached the
Family Division, the staff person should contact the police to obtain information
about the Complaint/TRO, preferably receiving a FAXED copy. The matter must be
docketed and a file prepared prior to the matter being brought before the judge.

IV - 24

A victim advocate should be available to speak to the plaintiff, in person or
by telephone. Where this is not possible, the staff should make the plaintiff aware of
the existence of an advocate along with a name and telephone number, preferably in
writing.
A professional staff person is to meet with the victim to ascertain that:
A.

The victim has read and understood “What Dissolving a Restraining Order
Means” (See Appendix 12);

B.

The victim has not been coerced or placed under duress to withdraw the
Complaint/TRO;

C.

The victim understands the cycle of domestic violence and its probable
recurrence;

D.

The victim is aware of the protective resources available through the court
and the local domestic violence program, especially with regard to housing
and court-ordered emergency custody and support;

E.

The victim clearly understands that withdrawal of the Complaint/TRO and
dismissal of the TRO will eliminate the protections that had been issued;

F.

The victim is aware that such withdrawals, while they should not be done
without careful thought, are not prejudicial if [s]he should need to seek
protection in the future; and

G.

The victim is informed that any parallel criminal matters are separate and
distinct and must be addressed in a separate venue. Victims should be
advised to discuss the matter with the appropriate prosecutor.

Once the victim has been counseled as described above, if [s]he wishes to
pursue withdrawal of the complaint, [s]he must fill out a Certification to Dismiss
Complaint/ TRO (See Appendix 13). The completed form should be placed in the file
and an available judge should be located. The victim should then be sent to the
appropriate waiting area.
The judge should complete a review of the file and certification and question
the victim, on the record, using the same procedure as a request for dismissal of a
final order.
After reviewing the file and the Certification to Dismiss, the judge should
review the above with the victim on the record. If the judge finds that the request for
withdrawal is an informed one and not made under duress, the withdrawal shall be
granted.

IV - 25

When the complaint has been withdrawn and the TRO dismissed, copies of
the order of dismissal should be distributed to the plaintiff and any law enforcement
agency that received the TRO, and served on the defendant in the same manner as
the TRO, where it has been served, unless otherwise designated by the court.
Where the defendant was not served with the TRO, the dismissal shall not be
served on the defendant.
4.19.2 Dismissals with “Civil Restraints” - The court should not initiate or suggest the use
of “civil restraints” in domestic violence cases. If civil restraints are requested by the
plaintiff, the court should question the victim on the record using the same standards
as a request for a dismissal and in addition, ascertain the following:
A.

Whether the victim is aware that the “civil restraints” in an FM (dissolution) or
FD (nondissolution) matter will not provide the same protection as a TRO or
FRO;

B.

Whether the victim understands that the police must arrest for a violation of a
domestic violence restraining order but there will be no arrest for the
violation of “civil restraints” and the police are unlikely to respond to a call
regarding such a violation;

C.

Whether the victim will feel safe with the protections offered by the “civil”
restraining order; and

D.

Whether the victim understands [s]he has a right to obtain a new restraining
order if another act of domestic violence occurs, even if “civil restraints” are
in effect.

Under no circumstances shall an FD matter be opened for the sole purpose of
effectuating “civil restraints.”
4.19.3 Dismissal of FRO at the Request of the Plaintiff
Upon good cause shown, any final order may be dissolved or
modified upon application to the Family Division of the Chancery
Division of the Superior Court, but only if the judge who dissolves or
modifies the order is the same judge who entered the order, or the
judge dissolving the order has available a complete record of the
hearing or hearings on which the order was based. [N.J.S.A. 2C:2529d]
A request for dismissal of a final order should be handled in the same manner
as a request for withdrawal of a Complaint/TRO (see section 4.19.2). The dismissal
must be requested in person, and before the judge who entered the order or a judge
who has available the complete court file, after the victim has been counseled
IV - 26

concerning her/his rights and the ramifications of a dismissal. The court should
determine whether an order for child support, custody and/or visitation was entered
as part of the FRO and if so, determine whether the victim wants the relief to
continue. If so, these provisions should be made part of an FD order, then and there,
without undue waiting and refiling by the plaintiff.
4.19.4 Dismissal of FRO at Request of the Defendant - An FRO may be dissolved upon
“good cause shown,” N.J.S.A. 2C:25-29(d). A request by the defendant for dismissal
of an FRO shall be brought to the court by Notice of Motion accompanied by an
appropriate certification and brief. Service of the motion and supporting documents
on plaintiff shall be through the Family Division and not served directly by the
defendant. The motion shall be heard by the judge who entered the FRO if that judge
is available. If that judge is not available, the motion shall be heard by another judge
who shall read and consider the transcript of the final hearing and the findings by the
original judge. The transcript, where needed, shall be provided by the defendant.
The court shall consider the following as part of the determination of whether
the defendant has established good cause to dissolve the FRO:
A.

As required by N.J.S.A. 2C:25-29(b)(5), determine whether the defendant
attended and completed all court ordered counseling. If not, the motion must
be denied.

B.

Past history of domestic violence. If no findings were made by the court at a
final hearing regarding any past history of domestic violence, the record may
be supplemented with regard to such past history.

C.

Any other factors the court deems appropriate to assess whether the
defendant has shown good cause that the FRO should be modified or
dissolved.

D.

To protect the victim, courts should consider a number of factors when
determining whether good cause has been shown that the FRO should be
dissolved upon request of the defendant, including:
(1)

Whether the victim consented to dismiss the restraining order;

(2)

Whether the victim fears the defendant;

(3)

The nature of the relationship between the parties today;

(4)

The number of times that the defendant has been convicted of
contempt for violating the order;

(5)

Whether the defendant has a continuing involvement with drug or
alcohol abuse;
IV - 27

(6)

Whether the defendant has been involved in other violent acts with
other persons;

(7)

Whether the defendant has engaged in counseling;

(8)

The age and health of the defendant;

(9)

Whether the victim is acting in good faith when opposing the
defendant's request;

(10)

Whether another jurisdiction has entered a restraining order
protecting the victim from the defendant; and,

(11)

Any other factors deemed relevant by the court.

The court shall make reasonable efforts to find and notify the plaintiff of the
request for dismissal, but unless good cause is shown, the court cannot hold a hearing
on this application unless the plaintiff is given notice and an opportunity to be heard.
4.19.5 Request to Reopen Dismissed Matter by the Plaintiff - If there is no new act of
domestic violence since the filing of the initial Complaint/TRO and the plaintiff
seeks to reopen a TRO or FRO which has been dismissed, a notice of motion must be
filed pursuant to Rule 4:50-1.
Once the application has been filed, the case is only opened for the purpose of
scheduling the motion hearing. The restraining order is still dismissed on FACTS and
the DVCR.
An application to reinstate the Complaint/TRO and restraining order does not
“activate” the restraining order. The order is not activated until and unless both
parties are notified, the court reviews the file, conducts a hearing, makes findings and
then reinstates the order.
At the hearing, the judge may reinstate the order or let the dismissal stand. If
reinstated, the status of the order would be “active” in FACTS and on the DVCR.
4.19.6 Request to Reopen Due to Duress
When a plaintiff seeks to reopen a domestic violence matter that [s]he has withdrawn
or asked to have dismissed, and alleges that [s]he made such a request because [s]he was put
in fear by the defendant of proceeding with the case, a new complaint shall be taken. The
original allegations of violence, coupled with the threats or other acts of duress, should be
listed on the new complaint.

IV - 28

4.19.7 Conditional Dismissals - The conditional dismissal of a domestic violence
Complaint/TRO or FRO is prohibited. Whether done at the request of the plaintiff,
with the agreement of the defendant, or at the discretion of the judge at the end of
trial, conditions may not be imposed on the dismissal of a Complaint/TRO or FRO.
That is, no TRO/FRO shall be dismissed conditioned upon either party performing
any specific act or upon the occurrence of any particular event.
4.19.8 Dismissal of TRO for Failure of the Plaintiff to Appear at Final Hearing
See section 4.9.3 or 4.
4.19.9 Judge to Advise that Municipal and/or Criminal Complaints Continue - At the time
of the dismissal of the complaint and vacating of a TRO or FRO, the judge shall
advise the parties who are present that any related municipal or criminal complaint(s)
arising out of the incident shall continue and are in no way affected by the dismissal
of the domestic violence Complaint/TRO. All parties present shall be advised of the
need to comply with the conditions of bail and participate in all future court hearings
related to such municipal or criminal actions. The parties should be advised to speak
to the appropriate prosecutor.

IV - 29

SECTION V
WEAPONS

5.1

5.2

WEAPONS IN GENERAL
5.1.1

Weapons of varying types are defined generally in N.J.S.A. 2C:39-1, and more
specifically in N.J.S.A. 2C:39-1r. The Attorney General and County Prosecutors
delineate law enforcement procedures through directives and guidelines in
accordance with the United States Constitution, New Jersey Constitution, statutes
and court decisions.

5.1.2

Weapons relating to domestic violence incidents can be categorized in several ways
including but not limited to:
A.

Weapon(s) used or threatened to be used in a domestic violence incident.

B.

Weapon(s) not used in a domestic violence incident but in plain view of an
officer.

C.

Weapon(s) not used in a domestic violence incident, not in plain view to the
officer, but the officer has reason to believe that weapon(s) are present in the
household.

MANDATORY ARREST
See Sections 3.10 and 3.17.

5.3

SEIZURE OF WEAPONS FOR SAFEKEEPING
See Sections 3.10 and 3.17.

5.4

SEIZURE OF WEAPONS PURSUANT TO COURT ORDER
See Sections 3.10 and 3.17.

5.5

SEIZURE OF WEAPONS USED IN COMMISSION OF A CRIMINAL OFFENSE
See Sections 3.10 and 3.17.

5.6

SEIZURE OF WEAPONS PURSUANT TO N.J.S.A. 2C:25-21d
See Sections 3.10 and 3.17.

5.7

SEIZURE OF WEAPONS OUTSIDE THE COUNTY WHERE THE DOMESTIC
VIOLENCE RESTRAINING ORDER WAS ISSUED
See Sections 3.10 and 3.17.

V-1

5.8

SEIZURE OF WEAPONS FROM LAW ENFORCEMENT OFFICERS INVOLVLED
IN A DOMESTIC VIOLENCE INCIDENT
See Sections 3.10 and 3.17.

5.9

5.10

RESTRICTIONS ON RETURN OF FIREARMS
5.9.1

Where the defendant is a Law Enforcement Officer: If a law enforcement officer is
subject to an FRO, pursuant to the provisions of the federal gun control law, 18
U.S.C.A. 922(g), the court may, if necessary for the protection of the plaintiff,
prohibit any defendant who is a law enforcement officer from possessing any
weapon, firearm or firearm identification card, including those provided by his/her
department. If the court determines that a prohibition on possession of weapons by
defendant who is a law enforcement officer is not necessary, the provisions of the
Attorney General’s Directive Implementing Procedures for the Seizure of Weapons
from Law Enforcement Officers Involved in Domestic Violence Incidents shall apply.
Where the court permits the return of weapons while on duty, the procedures in
section 3.17 still apply. See Appendix 17.

5.9.2

All Others: If an FRO is issued, the named defendant may not be permitted to own
or possess any firearm for the duration of the order or for two years, whichever is
greater.

WARRANT FOR THE SEARCH AND SEIZURE OF WEAPONS
5.10.1 The purpose of the issuance of a search warrant is to protect the victim of domestic
violence from further violence and not to discover evidence of criminality. There
must be sufficient facts and information presented to satisfy the judicial reasonable
cause requirement. The scope of the warrant and the times during which it may be
served must be set forth with specificity on the warrant.
5.10.2 When granting a TRO, the court should grant relief that includes forbidding the
defendant from possessing any firearm or other weapon as defined by N.J.S.A.
2C:39-1r. The possession of a weapon by a defendant may pose a danger to the
victim even though the alleged act of domestic violence did not involve the use or
threatened use of a weapon and even though there was no testimony or evidence that
the defendant had previously used or threatened to use a weapon against the victim.
5.10.3. N.J.S.A.2C:25-28j authorizes the issuance of a search warrant as a form of ex parte
relief at the time of the issuance of a TRO. N.J.S.A 2C:25-29b(16) contains identical
language authorizing similar relief at the time of the issuance of a FRO. Both statutes
are intended to protect the victim from the risk of serious bodily injury.

V-2

5.10.4 The test to be applied by the Court is whether there exists reasonable cause to
believe that:
A.

The defendant has committed an act of domestic violence;

B.

The defendant possesses or has access to a firearm or other weapon(s) as
enumerated in N.J.S.A. 2C:39-1r; and

C.

The defendant’s possession or access to the weapon poses a heightened or
increased risk of danger or injury to the victim.

5.10.5 A specific description of the weapon and its believed location should, as much as
practical, be set forth in the Order. The Court must make findings on the record and
state with specificity the reasons for its decision and the scope of the search. The
original return of the search warrant shall be delivered to the Court within ten (10)
days.
5.10.6 When a search warrant is recommended by a Domestic Violence Hearing Officer
(DVHO), the affidavit in support of the warrant shall set forth precise facts
constituting the basis for the conclusion that the defendant’s possession of a weapon
exposes the plaintiff/victim to a risk of serious bodily injury. Once the TRO hearing
is completed, the recommended TRO, along with the Weapons Seizure Affidavit,
should be presented to the appropriate judge for review (including specific review of
the affidavit and warrant section of the TRO) and signature. After reviewing the
TRO, affidavit and DVHO Case Notes, any questions regarding the sufficiency of the
information contained in the affidavit should be resolved by sworn testimony by the
victim before the judge. If the affidavit in support of the warrant for the search and
seizure of weapons recommended by the DVHO contains sufficient information, the
judge shall confirm with appropriate findings on the record and enter the order. The
reasonable cause determination regarding weapons seizure should be placed on the
record, along with the docket number and other identifying case information.
5.10.7 After reviewing the TRO, affidavit and DVHO Case Notes, the judge shall consider
and be satisfied as to the following:
A.

The basis upon which plaintiff believes that the defendant possesses a
prohibited weapon or firearm;

B.

The reasons plaintiff believes that the defendant’s possession of a prohibited
weapon or firearm poses a heightened or increased risk of danger or injury to
the plaintiff, which may include the past history if any of domestic violence
between the parties;

C.

A description of the weapon or firearm which the defendant possesses;

V-3

D.

A specific description of the location where the weapons or firearms are
located, the owner of those premises, if not the defendant; and,

E.

Other relevant factors that the particulars of the circumstances require.

5.10.8 When an ex parte application is made regarding seizure of weapons, whether before
the Court or the DVHO, the affidavit must be completed with the reasons for the
seizure specified.
5.10.9 When the service of a restraining order results in the seizure of weapons, the
weapons inventory should be attached to the return of service that is brought/faxed
back to the Family Division in the issuing county. The weapons themselves, along
with any licenses, identification. cards, other paperwork or documentation shall be
secured for storage by the prosecutor in the seizing county. At such time that the
seized property is needed by the prosecutor or the Family Court in the issuing
county, the prosecutor in the seizing county shall make arrangements for the delivery
of forward same.
5.11

NOTICE TO THE PROSECUTOR
In order to ensure that the prosecutor is aware of the existence of the pending
domestic violence Complaint/TRO, in addition to having received the seized weapon(s), a
copy of every TRO or FRO in which the “seizure” box is checked should be forwarded
immediately to the County Prosecutor’s Office. In addition, where seizure has not yet
occurred but is ordered as part of an order prohibiting weapons possession pursuant to
N.J.S.A 2C:25-29b(1), a copy of that order, with the appropriate boxes checked, should also
be forwarded immediately to the Prosecutor’s Office.

5.12

HEARING REGARDING WEAPONS
5.12.1 When the prosecutor intends to proceed with forfeiture, notice shall be provided to
the plaintiff, the defendant and the Family Division. The court shall hold a hearing
within 45 days of receipt of the notice provided by the prosecutor, as set forth in
N.J.S.A. 2C:25-21d(3). No formal pleading and no filing fee shall be required. The
hearing shall be summary in nature. The hearing must be held even if the plaintiff
withdraws or seeks dismissal of the domestic violence Complaint/TRO or FRO.
5.12.2 At the hearing, the Family Division Judge must decide whether the weapon(s) should
be forfeited, along with any related permit(s) or license(s), or whether the weapon(s)
should be returned; or whether legal rights to own should be revoked and/or
defendant should be ordered to dispose of the weapon, based on the factors contained
in N.J.S.A. 2C:25-21d.
5.12.3 In addition to any other provisions, any FRO issued shall bar the defendant from
purchasing, owning, possessing or controlling a firearm and from receiving or
V-4

retaining a firearms purchaser identification card or permit to purchase a handgun
pursuant during the period in which the restraining order is in effect or two years,
whichever is greater, except for military and law enforcement personnel, see N.J.S.A.
2C:25-29b.

V-5

SECTION VI
ENFORCEMENT AND MODIFICATION OF RESTRAINING ORDERS

6.1

ENFORCEMENT AND MODIFICATION
6.1.1

The enforcement of a TRO or FRO occurs when the plaintiff seeks to have the
defendant comply with an existing order. A modification occurs when one party
seeks to add or change provisions to an existing order.

6.1.2 Enforcement of TRO and FRO is governed by N.J.S.A. 2C:25-30 and 2C:29-9b,
depending on the conduct and the provision violated. All relief contained in Part I of
the restraining order can be enforced by way of criminal or civil remedies. All relief
contained in Part II must be enforced by civil remedies, i.e., by filing an application
with the Superior Court, Family Division.
6.1.3

Violations of N.J.S.A. 2C:25-29(b) (which covers Part II relief) includes:
A.

An order for parenting time;

B.

An order requiring the defendant to pay monetary compensation;

C.

An order requiring the defendant to receive professional domestic violence
counseling;

D.

An order requiring the defendant to make rent/mortgage payments; and/or

E.

An order granting either party temporary possession of personal property.

These may be enforced in a civil action initiated by the plaintiff, generally under
Rule 1:10-3 and Rule 5:3-7 by way of motion, affidavit, or in emergent
circumstances, an order to show cause.

6.2

6.1.4

A defendant who “purposely or knowingly violates any provision” of a TRO or FRO
is guilty of a crime of the fourth degree if the conduct that constitutes the violation
also constitutes a crime or disorderly persons offense under N.J.S.A. 2C:29-9(b). In
all other cases, the defendant is guilty of a disorderly persons offense if that person
knowingly violates an order entered under the provisions of the PDVA.

6.1.5

These distinctions apply even when the restraining order is no longer in effect, so
long as the conduct which constitutes the offense occurred while the order,
temporary or final, was in effect.

6.1.6

In connection with enforcement applications or reports of violations by the victim,
the victim advocate or the Victim Witness Unit should be involved in the interview,
whenever possible. If the advocate is not available, the victim should be given the
victim advocate’s card and told to contact her/him prior to the hearing.

CRIMINAL CONTEMPT
VI - 1

See section III.
6.3

ENFORCEMENT OF LITIGANT’S RIGHTS PROCEEDINGS
6.3.1

When a plaintiff alleges that the defendant violated a portion of Part II of a
restraining order (i.e., pertaining to parenting time, monetary compensation,
professional domestic violence counseling, rent or mortgage payments or possession
of personal property), the plaintiff should be directed to Family Division, during
normal court hours to file an application (by motion or affidavit) to enforce these
provisions. A domestic violence advocate should be available to speak to the
plaintiff.

6.3.2

The designated domestic violence staff person should speak to the plaintiff to
determine (a) whether a restraining order violation has occurred; (b) if the person is
seeking the type of relief that civil enforcement can provide; and (c) if another type
of procedure is more appropriate. If the plaintiff is seeking enforcement of issues in
Part I (other than parenting time, monetary compensation, receipt of professional
domestic violence counseling, rent or mortgage payments or possession of personal
property), staff should explain the criminal procedures regarding filing criminal
complaints and advise the party of the option to initiate criminal procedures with the
appropriate police department or the prosecutor’s office. In addition, plaintiff should
be told of the option to have any of these issues addressed by Family Court.

6.3.3

When a defendant alleges that the plaintiff has not abided by the terms of a
restraining order, for example, parenting time or possession of personal property, the
defendant should be directed to Family Division, during normal court hours to file an
application (by motion or affidavit) to enforce these provisions.

6.3.4

If the issue is appropriate for civil enforcement, the court, should provide forms to
the plaintiff to prepare an application to the court (motion or affidavit) pursuant to
Rule 1:10-3 or Rule 5:3-7. Where available, the plaintiff should be assisted by the
victim advocate or victim witness representative. If the issue is the modification or
enforcement of child support, the matter can be scheduled before a Child Support
Hearing Officer (CSHO), pursuant to CSHOP Standard 7 (See Appendix 20).
Otherwise, the matter should be listed before the judge who granted the order, where
possible. The matter should be reopened using the same docket number and case file.
The judge hearing the matter should have the complete file.

6.3.5

If the litigant (either plaintiff or defendant) believes that the matter is emergent, the
domestic violence staff person should provide the necessary forms to assist the
litigant in preparing an Order to Show Cause (OTSC), which should be presented to
the judge forthwith to determine whether the request is emergent. Whenever
possible, the judge who issued the original order should review the proposed OTSC,
grant any or all relief, and set a return date, or deny the application. If a return date is
set for the OTSC, the matter should be scheduled on the next designated domestic
VI - 2

violence enforcement day for which regular notice can be arranged. If the OTSC is
denied, the litigant can be referred back to intake to file a motion/affidavit.

6.4

6.3.6

After the matter is reopened and processed, a request for an OTSC shall be brought
to the judge as quickly as possible, so that the OTSC can be signed if the judge is
satisfied with the sufficiency of the application and a return date for the enforcement
hearing can be set on short notice. Wherever possible, the judge who issued the
original order should review the proposed OTSC. That judge can also hold the
enforcement hearing. Motions made pursuant to Rule 1:10-3 should be returnable for
the next designated domestic violence enforcement day for which regular notice can
be arranged, but in any event no longer than two weeks.

6.3.7

The moving party will receive a copy of the OTSC while in court and the other party
shall be served with the OTSC, motion or affidavit pursuant to court rules. Service of
papers and notice of hearing shall be prepared by Family Division. Family Division
staff should ensure that the plaintiff’s address is not disclosed to the defendant. The
notice should state to the responding party that non-appearance may result in the
requested relief being granted.

6.3.8

Any modifications granted by the court should be recorded in a new final order that
also includes all the non-amended prior relief, recorded on an Amended FRO. This
must be served in the same manner as an FRO. This order should also specifically set
forth all prior relief which was not modified, and not just refer to the former order, to
ensure that there is only one final order that sets forth all of the relief. If the only
relief being amended is the child support provisions, then a new USSO may be used
instead of an amended FRO.

CONTEMPT IN SUPERIOR COURT
Processing of 2C:29-9(b) Complaints
6.4.1

When a Defendant has been arrested for Violating a TRO or FRO - Upon allegation
of a violation of a restraining order, a warrant should be issued immediately and the
CDR should be completed at that time. Upon arrest, the CDR-2 should be
immediately forwarded to the Criminal Division, the Prosecutor’s Office and as
otherwise described at the bottom of the CDR. Initial screening by the Assistant
Prosecutor assigned to the Domestic Violence unit should be at the first appearance,
or no later than the plea hearing date. If the contempt is non-indictable and/or
downgraded, it shall be sent to Family Court and docketed as an FO case. This
should be done at the first appearance.

6.4.2

Bail
A.

An initial bail must be set by a Superior Court Judge pursuant to Rule 3:26-2.
The CDR should be provided, along with the DV Incident/Police Report.

VI - 3

B.

During regular court hours, bail should be set by a Family Division Judge,
who will have access to the underlying FV file along with other relevant FV,
FO and FD files, and the FACTS printout regarding other Family Court
history.

C.

When the Superior Court is not in session, the on-call bail judge should be
contacted and provided with all available information on the defendant and
the underlying case information from the DVCR.
NOTE: If the contempt has been initially screened as a disorderly persons
offense, bail may be set by a Municipal Court Judge if the Assignment Judge
in that vicinage has issued a directive/order allowing this practice.

D.

6.4.3

The CDR shall serve as the moving document as the case proceeds through
the court. In Municipal Court, all bail decisions are reflected on the CDR,
along with all screening and downgrade decisions, which must be dated.
Conditions of bail or release such as prohibitions against contact should be
noted in the appropriate section of the CDR as well. (In Superior Court,
Criminal Division, there are separate court orders for bail decisions.)

Responsibility for arraignments/bail reviews/first appearances - Responsibility for
arraignments/bail reviews/first appearances should rest with the Division or Part of
the Superior Court that has jurisdiction over the case at that time, either the Family
Division or in Criminal Division so long as the Assistant Prosecutor assigned to the
Domestic Violence Unit is available. Daily jail lists should be provided to both the
Criminal Division and the Family Division each morning with N.J.S.A. 2C:29-9b
indictable and non-indictable violations identified as such. The judge conducting the
hearing should be provided with pertinent information from the underlying FV file as
required by N.J.S.A. 2C:29-26e.
The prescreening of matters, to determine whether the matter is indictable is
strongly encouraged where at all possible.

6.4.4 Scheduling of Subsequent Proceedings - As contempt cases are high impact offenses,
each county Prosecutor should screen these cases as expeditiously as possible.
A.

Following arrest, defendants should be given the CDR with the first
appearance/arraignment date noted in the appropriate section, along with any
other Notice to Appear, where applicable. Thus, even if bail is posted, the
defendant has the date of the first appearance/arraignment.

B.

If the defendant is in custody the first appearance and bail review must be
scheduled within 72 hours in accordance with Rule 3:4-2.

C.

Where defendant is not incarcerated, the first appearance/arraignment/case
management conference should be scheduled no later than 20 days after the

VI - 4

issuance of a contempt complaint. Notice of the court date should be sent to
the defendant by the appropriate court.

6.4.6

D.

An assistant prosecutor should be required to appear at the first
appearance/arraignment and should provide the court with a preliminary
determination as to whether the case is being referred to the Criminal
Division as an indictable case or is being graded/downgraded and heard in
the Family Division. Scheduling of subsequent hearings, including bail
review hearings at regular intervals, is the responsibility of the Part or
Division in which the case will be heard.

E.

All contempt matters are subject to Speedy Trial Guidelines, and must be
scheduled accordingly. There is a 90-day disposition guideline that applies
as well in Family and Municipal Court.

F.

When the case is referred to the Family Division, the 5A (Financial
Questionnaire to Establish Indigency) should be completed, counsel
appointed and a pretrial conference scheduled at the first
appearance/arraignment. These cases will then be docketed in FACTS,
tracked accordingly and disposed within 90 days of docketing.

Where there is more than one charge on a CDR -2.
A.

If, upon screening, there is a determination that there is no basis for a
contempt charge, the companion charges may be referred to the Criminal or
Municipal Court for disposition.

B.

Where the matter is docketed in Family Division, and there are both
contempt and underlying charges, if the contempt is dismissed as part of a
plea, the Family Division judge shall dispose of the underlying charge.

C.

The contempt charge and the underlying charge should never be bifurcated
and heard by different courts.

D.

After the bail review/first appearance, these matters must be promptly
scheduled for a plea hearing/calendar. In Family Division, the plea hearing
should be held within two weeks if the defendant is incarcerated, and within
four weeks if the defendant is out on bail.

E.

At the plea hearing, the defendant should, after consultation with counsel,
enter a plea.

F.

Where defendant pleads guilty, [s]he should be sentenced immediately,
unless the court needs additional information and adjourns the sentencing to
a date certain.

VI - 5

G.

Where a defendant pleads not guilty, a non-jury trial must be scheduled
expeditiously before a Family Division Judge, keeping the 90-day disposition
guideline in mind.

H.

At the trial, the Prosecutor’s Office will present the case against the
defendant. Discovery must be obtained by the prosecutor. Subpoenas for
witnesses must be issued by the prosecutor.

I.

At sentencing, the disposition must be noted in the FO file and entered into
FACTS.

J.

The completed CDR-2 and any ancillary paperwork must immediately be
forwarded by Family Division for routing of orders of commitment,
probation, fines, VCCA payments to the appropriate case management
clerical or probation office.

6.4.7

Incarceration of Sole Caretaker of Children - Whenever a person has been convicted
of a violation which will result in incarceration, the court must follow the procedures
set forth in N.J.S.A. 2C:44-6.2, et.seq., and Directives 4-04 and 8-95.

6.4.8

Domestic Violence Surcharge - Pursuant to N.J.S.A. 2C:25-29.4, any person
convicted of an act of domestic violence (as that term is defined in N.J.S.A. 2C:2519) shall be subject to a surcharge in the amount of $100. This surcharge is in
addition to other penalties, fines and/or charges imposed pursuant to law.

VI - 6

SECTION VII
FULL FAITH AND CREDIT OF OUT OF STATE ORDERS

7.1

7.2

FEDERAL STATUTORY OVERVIEW
7.1.1

The Full Faith and Credit provision of the Violence Against Women Act (VAWA),
18 U.S.C.A. 2265, et seq., requires states and Indian tribes to enforce protection
orders issued by other states and Indian tribes as if the orders had been issued by the
non-issuing/enforcing state or Indian tribe. In addition, an enforcing state must
enforce a protection order from another state even if the petitioner would not be
eligible for a protection order in the enforcing state.

7.1.2

Additionally, all orders of protection shall have the same force and effect on military
installations as such order has within the jurisdiction of the court that issued the order
under the Armed Forces Domestic Security Act, 10 U.S.C. 1561a.

PROTECTION ORDERS COVERED BY §2265
7.2.1

Definition of Protection Order - The Full Faith and Credit provision applies to any
injunction or other order issued for the purpose of preventing violent or threatening
acts, or harassment against, contact or communication with, or physical proximity to
another person, including any temporary or final order issued by a civil and criminal
court whether obtained by filing an independent action or as a pendente lite order in
another proceeding so long as any civil order was issued in response to a complaint,
petition or motion filed by or on behalf of a person seeking the protection. In other
words, it extends to temporary and final, civil and criminal protection orders (e.g.,
stay away or no-contact orders that are part of a defendant’s conditions of release or
bail).

7.2.2

Final and Ex Parte Orders
A.

Every state, subdivision thereof, and Indian tribe must accord full faith and
credit to both final and ex parte protection orders.

B.

In terms of final protection orders, the statute provides that a final order must
be enforced if:
1.

It was issued by a court that had personal and subject matter
jurisdiction to issue the order, and

2.

The respondent was provided with reasonable notice and the
opportunity to be heard sufficient to protect that person’s right to due
process.

C.

7.2.3

In the case of ex parte orders, notice and opportunity to be heard must be
provided within the time required by state or tribal law and, in any event,
within a reasonable period of time after the order is issued, sufficient to
protect the opposing party’s right to due process.
Mutual Protection Orders - Should the issuing court enter a protection order with
VII - 1

prohibitions against both the respondent and the petitioner, only the provisions in
favor of the petitioner (those constraining the respondent) are entitled to enforcement
in another state, tribe, or territory unless:
A.

the respondent filed a separate petition or pleading seeking such an order,
and

B.

the court made specific findings that both parties were entitled to such a
protection order.

Pursuant to §2265, a court in a jurisdiction other than the jurisdiction that
issued the order shall not enforce a mutual order against a petitioner unless the
portions that impose prohibitions on the petitioner meet the above legal criteria.
7.3

NEW JERSEY LAW AND PROCEDURE
7.3.1

In May 2000, the New Jersey Judiciary adopted procedures to implement the
registration of out of state orders (Appendix 21). The procedures include:
A.

Procedures for Family Division staff to follow to register the orders.

B.

FACTS codes and procedures (part of the FACTS FV Docket User’s Guide
distributed by the Automated Trial Court Systems Unit).

C.

Certification forms for incoming orders and for outgoing New Jersey orders.

7.3.2

The procedures accommodate the out-of-state order’s expiration date in FACTS and
the practice of other states concerning certification for Restraining Orders. The
primary benefit to registration for the victim is that the order will be on the statewide
DVCR to which police throughout the state have access on an immediate, round-theclock basis.

7.3.3

These procedures:
A.

Establish these registered cases without adding new cases to the Family
Division statistical report;

B.

Accommodate the expiration date of out-of-state orders;

C.

Identify out-of-state orders to users, particularly law enforcement users of the
DVCR;

D.

Prohibit an out-of-state order to be reopened or modified; and

E.

Continue to require that Full Faith and Credit be honored by law enforcement
and the courts on those orders that have not been registered.
VII - 2

7.4

PROCESS
7.4.1

The victim (plaintiff) who elects to register an out-of-state restraining order will
present the order at a county Family Division Intake Domestic Violence Unit. The
plaintiff will complete a Victim Information Sheet and complete an Out-of-State
certification form (See Appendix 21).

7.4.2

The Domestic Violence Unit will review the order, certification and Victim
Information Sheet. The staff member will call the issuing court immediately or
within one business day. The staff member will send by facsimile the order and
certification form to the issuing court and request confirmation of the order as
presented by return fax. The Family Division Manager or the Domestic Violence
Team Leader may review the contact with the issuing court to resolve questions
concerning confirmation.

7.4.3

Upon confirmation, the staff member will complete the confirmation form, which
will allow for the establishment and docketing of the case on FACTS.

7.4.4

The establishment process will include:
A.

A new initiating document, the OUT-OF-STATE DV RO, entered in the
initiating document field, will be combined with a case status reason code
that identifies the case as an Out-of-State Order;

B.

The field MUNICIPALITY OF OFFENSE becomes a required field with a
change from numeric to alphanumeric to allow the state to be identified, e.g.
A9901 for an Out-of-State order from Pennsylvania;

C.

All OUT-OF-STATE DV RO initiating document cases would be ignored in
the statistical count and cannot be reopened.

7.4.5

The expiration date will be identified in the system and appear on the registry based
on the use of a relief code that is unique to this case type. The expiration date will be
entered by the user and appear in the registry in the COMMENTS field.

7.4.6

Upon completion of case establishment, the order will be stamped with a statement
confirming that it has been verified and registered as of the case establishment date
and providing the New Jersey docket number. The victim/plaintiff should be
provided with the order, a copy faxed to the police departments identified by the
plaintiff, and a copy placed in the Family Division file that was created when the
system assigned the New Jersey number as part of the registration process.

7.4.7

The Attorney General’s guidelines to law enforcement officers state that the
registration of an order is not required to enforce the order. The Division of
Criminal Justice has assured that Full Faith and Credit will be emphasized in all
VII - 3

police training to continue protection of all victims, regardless of whether they have
sought the additional assurance of recording their out-of-state order with New Jersey.
7.5

OUTGOING ORDERS
7.5.1

All Final and Temporary restraining orders contain language concerning the Full
Faith and Credit qualification of those orders under the Federal VAWA statute. As a
further aid to victims, the federal VAWA office has promulgated a form of
Certification, if completed by the issuing court, intended to encourage the
enforcement of these orders in all states. At this time, it is not a recommended
practice to provide this certification for orders issued on a routine basis. Rather, the
form should be completed upon the request of a victim, or another state’s court or
law enforcement agency that has requested verification of the New Jersey FRO. (See
Appendix 21)

7.5.2

The recommended practice is for the court to provide the victim with a certified true
copy of the FRO, with a raised seal, upon request of the victim.

VII - 4

SECTION VIII
WORKING GROUPS

DOMESTIC VIOLENCE WORKING GROUPS
On September 24, 1991, then Chief Justice Wilentz and Attorney General Del Tufo charged
that each Presiding Judge and County Prosecutor convene or reconvene a County Domestic Violence
Working Group to assist in the design of a county implementation and monitoring strategy, and
provide an ongoing forum for identification and resolution of problems in the domestic violence
prevention and protection process in each county. The Presiding Judge (or Family Division Judge,
in a multi-county vicinage) and County Prosecutor should serve as co-chairpersons. The working
group meetings are a productive resource for discussing domestic violence processes and
procedures.
The group shall also consist of the Family Division Manager; Domestic Violence Team
Leader; the DVHO; the Sheriff; the President of the Municipal Prosecutor’s Association; the
President of the County Chiefs’ Association; a Criminal Division Liaison; a Municipal Court
Liaison; the Director and Court Liaison of the local domestic violence program; a representative
from each Municipal Court and County Prosecutor’s Office (who handles domestic violence cases);
the County Victim Witness Coordinator; the local batterer’s group; DYFS; the County Bar
Association Family Law Section; and any other appropriate service provider. Working Groups shall
meet at least quarterly.

VIII - 1

APPENDIX LIST

DOMESTIC VIOLENCE PROCEDURES MANUAL
APPENDIX LIST

1.
1a.
2.
3.
4.
5.
6.
6a.
7.
8.
9.
10.
11.
12.
12a.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.

Victim Information Sheet
Spanish Victim Information Sheet
Temporary Restraining Order and Instructions
Domestic Violence Hearing Officer Standards and Backup DVHO Standards
*Aid in Identifying Firearms
*Victim Notification Form
Summary of Electronic TRO
Instructions for Recording Complete Incident Description in FACTS
*Confirmatory Order
Appeal of Ex Parte Order – Application for Appeal and Order
Continuance Order
Final Restraining Order
Notice of Fingerprinting Requirements
“What Dissolving a Restraining Order Means”
Spanish “What Dissolving a Retraining Order Means”
Certification to Dismiss Complaint/TRO
Order of Dismissal
Risk Assessment
Protective Order (Custody Reports)
*Attorney General Law Enforcement Directive 2000-3 and 2000-4
*Affidavit in Support of Domestic Violence Search Warrant (Law Enforcement)
*Domestic Violence Warrant for Search and Seizure of Weapons (Law Enforcement)
Child Support Hearing Officer Standard 7
Procedures and Forms for Registering Out of State Restraining Orders
Domestic Violence Central Registry FACTS Inquiry Guide
*Checklist for Law Enforcement Officers
*Supplementary Domestic Violence Offense Report
Guide to Services for Victims of Domestic Violence
Safety Plan Brochure
Batterers Intervention Program Guidelines
*Attorney General Guidelines for Enforcement of Out of State Restraining Orders
State Police Phone Numbers by State
State Administrative Offices of the Court by State
Uniform Summary Support Order
Address Confidentiality Program Act

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

New Jersey Judiciary
CONFIDENTIAL VICTIM INFORMATION SHEET
(DO NOT GIVE TO DEFENDANT)

Date:
Your Information (Party Filing-Plaintiff)

Information of Person you’re filing against (Defendant)

Name of Police Department where you reside:

Name of Police Department where defendant resides:

Name

Name

Any Prior Names

AKA

Street Address

Street Address

City
Zip
Phone (h)

City
Zip
Phone (h)

SS#
Birth Date
Sex
Race

(cell)

Male

Female

SS#
Birth Date
Sex
Race

(cell)

Male

Employment Information

Employment Information

Employer

Employer

Address

Address

Phone
Days

Hours

Emergency Contact
Name

Phone
Days

Female

Hours

Other place(s) defendant may be reached

Phone

Revised Form Promulgated by AJ Memo - 06/11/2008, CN 10224-English

page 1 of 2

CONFIDENTIAL VICTIM INFORMATION SHEET
(DO NOT GIVE TO DEFENDANT)
Relationship to Defendant
Married

Defendant Identifier’s
Height

Eye Color

Divorced

Weight

Hair Color

Never married

Complexion

Currently living together

Scars, Tattoos, Glasses, Facial Hair, Body Piercing

Light

Medium

Dark

Previously lived together
Have child(ren) with defendant
Expecting child with the defendant
Have had a dating relationship

Other
Defendant’s vehicle
Make

Model

Year

Color

License plate #

Family relationship (specify)
Do you and the defendant have children together?
Name
1.

DOB

SS#

Resides with

2.
3.
4.
5.
6.
7.
Are there any custody/visitation/support orders pending or in effect?
Where
Docket Number
Child Support Case Number
Are you currently asking the court for child support or medical coverage?

Yes

No

Does either party require an interpreter or have other special needs?
Describe

Yes

No

Does the defendant have a criminal history?

Yes

No

Yes

No

Do you have a lawyer for this matter?
Name

Phone

YOU WILL BE ASKED ABOUT THE INCIDENT WHICH BROUGHT YOU HERE TODAY. PLEASE BE PREPARED TO
DISCUSS THE INCIDENT, PLUS ANY PRIOR HISTORY, IF APPLICABLE.
Revised Form Promulgated by AJ Memo - 06/11/2008, CN 10224-English

page 2 of 2

Poder Judicial de Nueva Jersey
HOJA DE INFORMACIÓN CONFIDENCIAL DE LA VÍCTIMA
(NO DÉ ESTE FORMULARIO AL DEMANDADO)
New Jersey Judiciary
CONFIDENTIAL VICTIM INFORMATION SHEET
(DO NOT GIVE TO DEFENDANT)
Fecha/Date:
Sus datos (Parte actora - Demandante)
Your information (Party Filing-Plaintiff)

Datos de la persona contra quien usted presenta la acción
(Demandado)
Information of Person you’re filing against (Defendant)

Nombre del Departamento de Policía de donde usted
reside:
Name of Police Department where you reside:

Nombre y apellido

Name

Nombre o apellido anterior (si lo hubiera)
Any Prior Names

Nombre y alias
AKA

Dirección - Calle

Dirección - Calle

Street Address

Street Address

Ciudad

Ciudad

City

City

Código postal

Código postal

Zip

Zip

Teléfono (casa)

(celular)

Phone (h)

(cell)

No. de seguro social

Teléfono (casa)

(celular)

Phone (h)

(cell)

No. de seguro social

SS#

SS#

Fecha de nacimiento

Fecha de nacimiento

Birth Date
Sex

Name of Police Department where defendant resides:

Nombre y apellido

Name

Sexo

Nombre del Departamento de Policía de donde reside el
demandado:

Birth Date

Hombre

Mujer

Male

Female

Raza

Sexo
Sex

Female

Race

Datos del empleo

Datos del empleo

Employment Information

Employment Information

Lugar de empleo

Lugar de empleo

Employer

Employer

Dirección

Dirección

Address

Address

Teléfono

Teléfono

Phone
Days

Mujer

Male

Raza

Race

Días

Hombre

Phone

Horas
Hours

Contacto en caso de emergencia
Emergency Contact

Nombre y apellido

Días
Days

Horas
Hours

Otro(s) lugar(es) donde se pueda comunicar con el
demandado
Other place(s) defendant may be reached

Name

Teléfono
Phone

Enmendado:08/17/2007, CN: 10224-English-Spanish
Revised: 08/17/2007, CN: 10224-English-Spanish

página 1 de 2
page 1 of 2

HOJA DE INFORMACIÓN CONFIDENCIAL DE LA VÍCTIMA
(NO DÉ ESTE FORMULARIO AL DEMANDADO)
CONFIDENTIAL VICTIM INFORMATION SHEET
(DO NOT GIVE TO DEFENDANT)
Relación con el demandado
Relationship to Defendant

Rasgos característicos del demandado
Defendant Identifiers

Casados

Estatura

Married

Height

Divorciados

Color de ojos
Eye Color

Peso

Divorced

Color del cabello

Weight

Nunca casados

Hair Color

Tez

Never married

Clara

Complexion

Conviven actualmente
Currently living together

Convivieron anteriormente

Mediana

Light

Oscura

Medium

Dark

Cicatrices, tatuajes, lentes, vello facial, perforaciones del
cuerpo
Scars, Tattoos, Glasses, Facial Hair, Body Piercing

Previously lived together

Tiene hijo(s) con el demandado
Have child(ren) with defendant

Espera un hijo del demandado
Expecting child with the defendant

Han tenido una relación romántica
Have had a dating relationship

Parentesco familiar (especifique)

Otro
Other

Vehículo del demandado
Defendant’s vehicle

Marca

Modelo

Make

Año

Model

Year

Color
Color

No. de placa
License plate #

Family relationship (specify)

¿Tiene usted hijo(s) con el demandado?
Do you and the defendant have children together?
Nombre
Name

Fecha de nacimiento No. de seguro social
DOB

SS#

Reside con
Resides with

1.
2.
3.
4.
5.
6.
7.
¿Hay alguna orden de custodia/visitas/manuteción pendiente o vigente?
Are there any custody/visitation/support orders pending or in effect?

Dónde
Where

Número del expediente
Docket Number

Número del Caso de Manutención de Menores
Child Support Case Number

¿Pide usted actualmente al tribunal manutención de menores o seguro médico?

Sí /Yes

No/No

Sí /Yes

No/No

Sí /Yes

No/No

Sí/Yes

No/No

Are you currently asking the court for child support or medical coverage?

¿Alguna de las partes requiere un intérprete o tiene otra necesidad especial?
Does either party require an interpreter or have other special needs?

Descríbala
Describe

¿Tiene el demandado antecedentes penales?
Does the defendant have a criminal history?

¿Tiene usted un abogado para este asunto?
Do you have a lawyer for this matter?

Nombre y apellido
Name

Teléfono
Phone

LE VAN A HACER PREGUNTAS SOBRE EL INCIDENTE QUE LO TRAJO AQUÍ HOY.
DE CUALQUIER ANTECEDENTE, SI LO HAY.

ESTÉ PREPARADO PARA HABLAR DEL INCIDENTE Y

YOU WILL BE ASKED ABOUT THE INCIDENT WHICH BROUGHT YOU HERE TODAY. PLEASE BE PREPARED TO DISCUSS THE INCIDENT, PLUS ANY
PRIOR HISTORY, IF APPLICABLE.

Enmendado: 08/17/2007, CN: 10224-English-Spanish
Revised: 08/17/2007, CN: 10224-English-Spanish

página 2 de 2
page 2 of 2

GENERAL INSTRUCTIONS
TEMPORARY RESTRAINING ORDERS
COMPLAINT
FIRST ROW: Check off TRO box
SECOND ROW: Must check off box for Superior Court or Municipal.
• If Municipal, which town? Add in town name.
• NOTE: Matter can be brought where plaintiff resides, where Defendant resides, where
Plaintiff is sheltered or where incident took place.
DEFENDANT IDENTIFIERS: Fill in as much information as possible. This is needed if
someone else has to serve Defendant or to verify a warrant. Also needed to input into
FACTS, especially dates of birth. Ask if Plaintiff has a recent photograph of defendant.
STORY: Fill in the date (A0N@) and the time (AAT@), the offense and what Def. did
(theABY@)
• EX: AON 5/18/01, AT 9pm, Def assaulted Plf BY hitting her in the face with a fist@
Give as much detail as possible and note injuries or pain.
CRIMINAL OFFENSE BOXES: check off all that apply; give Defendant notice (due process).
#1: PRIOR HISTORY: detail other incidents, even if not reported; be sure to check box.
For example, A6/99, Def broke plf wrist; called work every day this month@ (NOTE: put prior
docket numbers in # 3)
#2 CRIMINAL HISTORY: Check for SBI number, check for warrants, check central registry
#3 PRIOR OR PENDING MATTERS: fill in with court, dates, dockets numbers where
available
#4 CRIMINAL COMPLAINT: where possible, fill in charges and complainant
#5 WEAPONS – fill in if weapons were removed with number of weapons and type
WEAPON is anything readily capable of lethal use or of inflicting serious bodily injury
ARREST of defendant – check box
#6 MORE BOXES: check off the relationship; for (former) household member, plf must be 18.
#7 CHILDREN: list children in common only; if relationship criteria (#6) is coparents,
make sure the children are listed, no matter where they live and no matter their age.
#8 FAMILY RELATIONSHIP - does not change the jurisdiction of PDVA; put plaintiff first
so if Plf is mother and def is son, write Amother/son.”
CERTIFICATION: plaintiff must sign and date
If using e-TRO, have Plaintiff sign after printing

ORDER
***NOTE: DEFENDANT=S RELIEF IS FIRST***
TOP OF FORM: Make sure Defendant=s name appears on all pages
PART I RELIEF (CAN ARREST FOR VIOLATION OF THIS SECTION)
#1-13 IMPORTANT BOXES:
There are three columns on left side of the Order.
• TRO column shows what is REQUESTED in the Temporary Order
• FRO column shows what is REQUESTED at the Final hearing (ex - child support)
• *GRANTED* column shows what is GRANTED in the TEMPORARY ORDER ONLY *
GRANTED column must be CHECKED for the Order to be enforceable.
BE SURE TO CHECK ALL APPROPRIATE BOXES
#3 PLACES: check off home and residence boxes but fill in actual address only if known to
Defendant; if confidential, write confidential.
#4,5,6: OTHERS: Fill in names and relationship of people known to def
#7 EMERGENT MONEY: Be very specific when this is used; exact amount and when and
how paid
#8, 9 EVALUATIONS AND TREATMENT: Also be very specific—where, when and who
pays
#10 WEAPONS POSSESSION: This section precludes defendant from POSSESSING
weapons only; includes firearms and weapons, purchasing card and id. card; note
Ammunition is not a weapons pursuant to N.J.S.A. 2C:39-1r; fill in weapons other than
firearms in space provided.
NOTE: With the e-TRO, once this box is checked, the line must be filled in with
something; fill in the specifics, or a general statement such as “all weapons.”
#11 EXCLUSIVE POSSESSION: if checked, something must be written; if defendant knows
the address, fill in address; if defendant does not know address, fill in “plaintiff’s
residence.”
#12 CUSTODY: list children in common; need not list other children, esp. where defendant is
not parent of that child.
#13 OTHER RELIEF: this is the section where defendant can be arrested so use this sparingly;
can by used to require return of passports or other papers; house or car keys, etc.
LAW ENFORCEMENT: specify which police department (if known), to accompany defendant
to a specific place to retrieve clothing and toiletries (or other specific item(s)), once for a
limited time (such as 15 minutes).
NOTE ON BOTTOM OF PAGE: a violation can result in arrest and incarceration; only a court
can change the Order.

WARRANT: requires that a WRITTEN INVENTORY of items seized be sent to family
court
PART II RELIEF (Must file Affidavit or Motion in Superior Court for violation of this
section)
***AGAIN NOTE DEFENDANT INFORMATION IS FIRST ****
#1-3

MORE BOXES: SEE ABOVE. Here, it is important to fill in, if possible, what pla
wants at the Final, so def knows what to prepare. Example: risk assessment; child
support; medical insurance; car insurance

PERSONAL PROPERTY: think possession of car, house or car keys, a pet, passports
COMMENTS: This area can be used to continue the story from the first page or advise of
special circumstances, such as special needs child
PAGE 4:
• If TRO denied: check off correct box. If Municipal: check off ATRO DENIED BY
MUNICIPAL COURT.@ Order must still be signed and sent to Family Court
immediately; Plaintiff can go to Superior Court next day and renew request.
• If TRO is granted: check that box, sign, check Box to schedule Final hearing AND
fill in NOTICE TO APPEAR at final hearing with date, time and place
***NEW BOX: IS AN INTERPRETER NEEDED?***
SERVICE: Fill in for Plaintiff.
• If Municipal court, FAX TRO TO FAMILY COURT IMMEDIATELY, even if both
parties not yet served. Superior Court needs time to put info into the computer. If
Defendant needs to be served elsewhere, issuing court must fax to the law enforcement
agency where defendant can be served.
• Service of TRO on defendant must also be FAXED to family court immediately, no
matter who serves it. If unable to serve immediately, fax order to Superior Court and
refax page 4 later with service info whenever Def is served. TRO must also be faxed to
the town where Defendant lives for service, if different.
NOTE: SERVICE OF FRO B must also fax proof of service of FRO to Superior Court for
entry into Central Registry. Fill in date and department that served (page 4)

AOC/ revised 6/1/08

New Jersey Domestic Violence Civil Complaint and Temporary Restraining Order
TRO

N.J.S.A. 2C:25-17 et seq.

Superior Court, Chancery Division, Family Part,
DOCKET
NUMBER

Page 1 of 4

Amended TRO
County

Municipal Court of

POLICE CASE #

FV -

PLAINTIFF’S SEX

IN THE MATTER OF PLAINTIFF (VICTIM)

MALE
LAST NAME

FIRST NAME

INITIAL

PLAINTIFF’S DATE OF BIRTH
FEMALE

DATE OF BIRTH

DEFENDANT INFORMATION
AKA

DEFENDANT’S SOCIAL SECURITY NUMBER

HOME ADDRESS

CITY

EMPLOYER
HAIR COLOR

STATE

ZIP

HOME PHONE NUMBER

WORK PHONE NUMBER

(

(

)

WORK ADDRESS
EYE COLOR

HEIGHT

WEIGHT

RACE

)
DEFENDANT’S SEX
FEMALE
MALE

SCARS, FACIAL HAIR, TATTOO(S), ETC.

The undersigned complains that said defendant did endanger plaintiff’s life, health or well being (give specific facts regarding acts or threats of abuse and the date(s)
and time(s) they occurred; specify any weapons):
AT

ON

BY

which constitute(s) the following criminal offenses(s): (Check all applicable boxes. Law Enforcement Officer: Attach N.J.S.P. UCR DV1 offense report(s)):
HOMICIDE

TERRORISTIC
THREATS

CRIMINAL
RESTRAINT

SEXUAL
ASSAULT

LEWDNESS

BURGLARY

HARASSMENT

ASSAULT

KIDNAPPING

FALSE
IMPRISONMENT

CRIMINAL SEXUAL
CONTACT

CRIMINAL
MISCHIEF

CRIMINAL
TRESPASS

STALKING

1. ANY PRIOR HISTORY OF DOMESTIC VIOLENCE REPORTED OR UNREPORTED? IF YES, EXPLAIN:

2. DOES DEFENDANT HAVE A CRIMINAL HISTORY? (IF YES, ATTACH CCH SUMMARY)

YES

YES

NO

NO
YES

3. ANY PRIOR OR PENDING COURT PROCEEDINGS INVOLVING PARTIES? (IF YES, ENTER DOCKET NUMBER, COURT, COUNTY, STATE)

4, HAS A CRIMINAL COMPLAINT BEEN FILED IN THIS MATTER? (IF YES, ENTER DATE, DOCKET NUMBER, COURT, COUNTY, STATE)

5, IF LAW ENFORCEMENT OFFICERS RESPONDED TO A DOMESTIC VIOLENCE CALL:
WERE WEAPONS SEIZED? IF YES, DESCRIBE
WAS DEFENDANT ARRESTED? IF YES, DESCRIBE
YES
NO

6. (A) THE PLAINTIFF AND DEFENDANT ARE 18 YEARS OLD OR OLDER OR EMANCIPATED AND ARE
PRESENT HOUSEHOLD MEMBER

FORMER HOUSEHOLD MEMBER

MARRIED

OR

YES

NO

NO

DIVORCED OR

OR

(B) THE DEFENDANT IS 18 YEARS OLD OR OLDER OR EMANCIPATED and PLAINTIFF AND DEFENDANT ARE
EXPECTANT PARENTS

YES

NO

UNMARRIED

CO-PARENTS

PLAINTIFF AND DEFENDANT HAVE HAD A DATING RELATIONSHIP

7. WHERE APPROPRIATE LIST CHILDREN , IF ANY (INCLUDE NAME, SEX, DATE OF BIRTH, PERSON WITH WHOM CHILD RESIDES)

8. THE PLAINTIFF AND DEFENDANT:

PRESENTLY;

PREVIOUSLY;

NEVER: RESIDED TOGETHER

FAMILY RELATIONSHIP: ________________________________________________________________________ (SPECIFY)

CERTIFICATION
I certify that the foregoing responses made by me are true. I am aware that if any of the foregoing responses made by me are willfully false, I am
subject to punishment.
DATE

NEW JERSEY DOMESTIC VIOLENCE COURT ORDER

SIGNATURE OF PLAINTIFF

CN: 10010-English

(Rev. 2/07)

Page 2 of 4

DOMESTIC VIOLENCE CIVIL COMPLAINT AND TEMPORARY RESTRAINING ORDER
DOCKET
NUMBER

DEFENDANT’S NAME

FV -

PART 1 - RELIEF - Instructions: Relief sought by plaintiff
DEFENDANT:
TRO

1.

FRO GRANTED
N/A

You are prohibited from returning to the scene of violence.

2.

You are prohibited from future acts of domestic violence.

3.

You are barred from the following locations:

RESIDENCE(S) OF PLAINTIFF

PLACE(S) OF EMPLOYMENT OF PLAINTIFF

OTHER (ONLY LIST ADDRESSES KNOWN TO DEFENDANT):

4.

You are prohibited from having any oral, written, personal, electronic, or other form of contact or communication with Plaintiff.
OTHER(S):

5.

You are prohibited from making or causing anyone else to make harassing communications to: Plaintiff
OTHER(S) - SAME AS ITEM 4 ABOVE OR LIST NAMES:

6.

You are prohibited from stalking, following or threatening to harm, stalk or follow: Plaintiff
OTHER(S) - SAME AS ITEM 4 ABOVE OR LIST NAMES:

7.

You must pay emergent monetary relief to (describe amount and method):
PLAINTIFF:
DEPENDANTS:

8.

You must be subject to intake monitoring of conditions and restraints:

Other (evaluations or treatment - describe):

9.

Psychiatric evaluation:

10.

Prohibition Against Possession of Weapons: You are prohibited from possessing any and all firearms or other weapons and
must immediately surrender these firearms, weapons, permit(s) to carry, application(s) to purchase firearms and firearms purchaser
ID card to the officer serving this Court Order: Failure to do so may result in your arrest and incarceration.

PLAINTIFF:
11.

You are granted exclusive possession of (list residence or alternate housing only if specifically known to defendant):

12.

You are granted temporary custody of:

13.

Other relief for - Plaintiff:

Other relief for - Children:

LAW ENFORCEMENT OFFICER:
You are to accompany to scene, residence, shared place of business, other (indicate address, time, duration and purpose):
Plaintiff:

Defendant:

NOTICE TO DEFENDANT: A violation of any of the provisions listed in this order may constitute either civil or criminal contempt pursuant to N.J.S. A.
2C:25-30 and may result in your arrest, prosecution, and possible incarceration, as well as an imposition of a fine or jail sentence. Only a court
can modify any of the terms or conditions of this court order.
NEW JERSEY DOMESTIC VIOLENCE COURT ORDER

CN: 10010-English

(Rev. 1/07)

DOMESTIC VIOLENCE CIVIL COMPLAINT AND TEMPORARY RESTRAINING ORDER
DOCKET
NUMBER

Page 3 of 4

DEFENDANT’S NAME

FV -

WARRANT TO SEARCH FOR AND TO SEIZE WEAPONS FOR SAFEKEEPING
To any law enforcement officer having jurisdiction - this Order shall serve as a warrant to search for and to seize any issued permit to carry a firearm,
application to purchase a firearm and firearms purchaser identification card issued to the defendant and the following firearm(s) or other weapon(s):

1. You are hereby commanded to search for the above described weapons and/or permits to carry a firearm, application to purchase a firearm and
firearms purchaser identification card and to serve a copy of this Order upon the person at the premises or location described as:

2. You are hereby ordered in the event you seize any of the above described weapons, to give a receipt for the property so seized to the person from
whom they were taken or in whose possession they were found, or in the absence of such person to have a copy of this Order together with such receipt
in or upon the said structure from which the property was taken.
3. You are authorized to execute this Order immediately or as soon thereafter as is practicable:
ANYTIME

OTHER:

4. You are further ordered, after the execution of this Order, to promptly provide the Court with a written inventory of the property seized per this Order.

PART II - RELIEF
TRO

DEFENDANT:

FRO GRANTED

1.

No parenting time / visitation until further ordered;
Parenting time / visitation pursuant to F _________________________ suspended until further order:
Parenting time / visitation permitted as follows:

2.

Risk assessment ordered (specify by whom, any requirements, dates):

3.

You must provide compensation as follows:
Emergent support for plaintiff:
For dependent(s):
N/A

Ongoing support for plaintiff:

N/A

For dependent(s):
Compensatory damages to plaintiff:

N/A

Punitive damages to plaintiff:

N/A

To Third Party(ies) (describe):

Medical coverage for plaintiff:
For dependent(s):
Rent

Mortgage payments (specify amount(s) and recipient(s)):

You must participate in a batterers intervention program:

You are granted temporary possession of the following personal property (describe):

PART II - RELIEF

PLAINTIFF:
You are granted temporary possession of the following personal property (describe):

COMMENTS:

NOTICE TO DEFENDANT: A violation of any of the provisions listed in this order may constitute either civil or criminal contempt pursuant to N.J.S. A.
2C:25-30 and may result in your arrest, prosecution, and possible incarceration, as well as an imposition of a fine or jail sentence. Only a court
can modify any of the terms or conditions of this court order.
NEW JERSEY DOMESTIC VIOLENCE COURT ORDER

CN: 10010-English

(Rev. 1/07)

Page 4 of 4

DOMESTIC VIOLENCE CIVIL COMPLAINT AND TEMPORARY RESTRAINING ORDER
DOCKET
NUMBER

DEFENDANT’S NAME

FV -

TRO denied. Complaint dismissed by Family Part.

TRO denied by Municipal Court, forwarded to Family Part for administrative dismissal,
and plaintiff advised of right to file new complaint in Superior Court, Family Division.
TRO granted. The Court has established jurisdiction over the subject matter and the parties pursuant to N.J.S.A. 2C:25-17 et seq., and has found good
cause that a prima facie act of domestic violence has been established; that an immediate danger of domestic violence exists and that plaintiffs life, health
and well being are endangered; that an emergency restraining Order is necessary pursuant to R. 5:7A(b) and N.J.S.A. 2C:25-28 to prevent the occurrence
or recurrence of domestic violence and to search for and seize firearms and other weapons as indicated in this order.

DATE / TIME

VIA TELEPHONE

HONORABLE

COURT / COUNTY

ALL LAW ENFORCEMENT OFFICERS WILL SERVE AND FULLY ENFORCE THIS ORDER
This ex parte Domestic Violence Complaint and Temporary Restraining Order meets the criteria of the federal Violence Against
Women Act for enforcement outside of the State of New Jersey upon verification of service of defendant. 18 U.S.C.A. 2265 & 2266
THIS ORDER SHALL REMAIN IN EFFECT UNTIL FURTHER ORDER OF THE COURT AND SERVICE OF SAID ORDER ON THE DEFENDANT
NOTICE TO APPEAR TO PLAINTIFF AND DEFENDANT
1.

Both the plaintiff and defendant are ordered to appear for a final hearing on (date) ___________________ at (time) __________________ at the
Superior Court, Chancery Division, Family Part, __________________________________ County, located at (address) ___________________
_______________________________________________________________________________________________

Note: You must bring financial information including pay stubs, insurance information, bills and mortgage receipts with you to Court.
2.

The final hearing in this matter shall not be scheduled until: __________________________________________________________________
__________________________________________________________________________________________________________________

3.

Interpreter needed.

Language: _______________________________________

Upon satisfaction of the above-noted conditions notify the Court immediately so that a final hearing date may be set.
IMPORTANT:

The parties cannot themselves change the terms of this Order on their own. This Order may only be changed or dismissed
by the Superior Court. The named defendant cannot have any contact with the plaintiff without permission of the Court.
NOTICE TO DEFENDANT

A violation of any of the provisions listed in this Order or a failure to comply with the directive to surrender all weapons, firearm permits,
applications or identification cards may constitute criminal contempt pursuant to N.J.S.A. 2C:29-9(b), and may also constitute violations of
other state and federal laws which may result in your arrest and/or criminal prosecution. This may result in a jail sentence.
You have the right to immediately file an appeal of this temporary Order before the Superior Court, Chancery Division, Family Part, as
indicated above and a hearing may be scheduled.
RETURN OF SERVICE
Plaintiff was given a copy of the Complaint / TRO by:
PRINT NAME

TIME AND DATE

SIGNATURE / BADGE NUMBER / DEPARTMENT

I hereby certify that I served the within Complaint / TRO by delivering a copy to the defendant personally:
PRINT NAME

TIME AND DATE

SIGNATURE / BADGE NUMBER / DEPARTMENT

I hereby certify that I served the within Complaint / TRO by use of substituted service as follows:

PRINT NAME

TIME AND DATE

SIGNATURE / BADGE NUMBER / DEPARTMENT

Defendant could not be served (explain): ________________________________________________________________________________

PRINT NAME

TIME AND DATE

SIGNATURE / BADGE NUMBER / DEPARTMENT

DEFENDANT MUST SIGN THIS STATEMENT: I hereby acknowledge the receipt of the restraining Order. I understand that pursuant to this Court
Order, I am not to have any contact with the named plaintiff even if the plaintiff agrees to the contact or invites me onto the premises and that I may be
arrested and prosecuted if I violate this Order.
TIME AND DATE

SIGNATURE OF DEFENDANT

THE COURTHOUSE IS ACCESSIBLE TO THOSE WITH DISABILITIES. PLEASE NOTIFY THE COURT IF YOU REQUIRE ASSISTANCE.
DISTRIBUTION:

FAMILY PART,

PLAINTIFF,

DEFENDANT,

NEW JERSEY DOMESTIC VIOLENCE COURT ORDER

SHERIFF,

OTHER ___________________________________________

CN: 10010-English

(Rev. 1/07)

Family – Domestic Violence Hearing Officer Program Standards
Directive #16-01
Issued by:

December 14, 2001
Richard J. Williams
Administrative Director

Attached are the Domestic Violence Hearing Officer Program Standards that have
been approved by the Supreme Court. Part of our ongoing standardization effort in the
Family Division, these standards were recommended by the Conference of Family
Division Presiding Judges and endorsed by the Judicial Council.
Consistent with the approach that we have been taking in our standardization
efforts, I would ask that you advise me in writing by February 15, 2002 that your vicinage is
in compliance with these standards. For each of those standards that have not yet been
fully implemented in your vicinage, please set out the steps you plan to take towards
implementation and the date by which you anticipate the particular standards will be
implemented.
Any questions regarding these DVHO Program Standards in their implementation
may be directed to the AOC’s Family Division at 609-984-7793.

DOMESTIC VIOLENCE HEARING OFFICER PROGRAM
The Supreme Court has adopted this set of Operating Standards for the Domestic
Violence Hearing Officer Program. The standards and the accompanying commentary
were developed and recommended by the Conferences of Family Division Managers and
Family Presiding Judges. The standards are applicable to the program as implemented in
all vicinages.
I.

Standards/Best Practices -- Domestic Violence Case Processing

Domestic violence case processing standards/“best practices” are in essence set
forth in the Domestic Violence Procedures Manual, as jointly promulgated by the Supreme
Court and the Attorney General for use by courts and law enforcement personnel
throughout the State. The standards set forth here are presented in the same narrative
format, so that they are consistent with and can be inserted directly into the Procedures
Manual.
II.

Standards/Best Practices --Domestic Violence Hearing Officer
(DVHO) Program

DVHO Standard # 1: Appointment
DVHOs shall be hired at the vicinage level in the same manner as all other
Judiciary employees based on the qualifications of the position adopted by the
Department of Personnel, supplemented in the “Note” section as set forth below.
All successful candidates for the DVHO position prior to hearing any cases shall
complete a training program approved by the Administrative Office of the Courts.
The Training Committee of the Conference of Family Division Managers will
develop the training program in coordination with the Judiciary’s Chief of Training
and Staff Development and in consultation with the DVHO Advisory Committee of
the State Domestic Violence Working Group.
Qualifications for the DVHO position include: (1) A bachelor’s degree in a
behavioral or social science; and (2) three years of experience in the areas of domestic
violence or family crisis. A masters degree or admission to the New Jersey Bar and one
year of experience in Family Law (which shall include work involving domestic violence)
may be substituted for one year of experience.
All future DVHO job announcements should include in the “Note” section the
following language: “Awareness of the dynamics of domestic violence and its impact upon
victims, families, and abusers is helpful.”

The Training Committee of the Conference of Family Division Managers has developed
statewide training for new Family staff and training for Family Team Leaders. The Training
Committee will develop the curriculum for newly hired Domestic Violence Hearing Officers. In
developing that curriculum, the Training Committee should coordinate with the Judiciary’s Chief
of Training and Staff Development and consult with the Domestic Violence Hearing Officer
Advisory Committee of the State Domestic Violence Working Group (which includes
representatives from the New Jersey Coalition for Battered Women, Division of Youth and
Family Services, a Family Division Manager, Domestic Violence Hearing Officers, a Family
Presiding Judge, and AOC Family Practice staff). The Conferences of Family Division
Managers and Family Presiding Judges must review and approve the curriculum prior to its
implementation.
DVHO Standard #2: Duties and Responsibilities
A.

Domestic Violence Hearing Officers conduct hearings on requests for
Temporary Restraining Orders. In doing so, a DVHO shall:
1.

Review all related case files involving the parties;

2.

Inform Plaintiff about her/his legal rights and options, and
about available protective services, including shelter care;

3.

Explain to Plaintiff the domestic violence legal process and
procedures;

4.

Explain to Plaintiff that appearance before the Domestic
Violence Hearing Officer is voluntary, and that no adverse
inference shall be drawn if Plaintiff seeks to appear instead
before a judge;

5.

Take testimony and establish a record, including findings of fact
concerning the basis for his/her recommendations;

6.

Rule on the admissibility of evidence;

7.

Draft a comprehensive, case-specific Temporary Restraining Order,
where appropriate;

8.

Forward the recommended Temporary Restraining Order for review
and signature by a judge;

9.

Make appropriate referrals to other agencies for assistance.

10.

Inform Plaintiff of the right to a hearing de novo before a Superior
Court Judge if the DVHO has recommended that a TRO not be
granted.

B.

The DVHO will be expected to assume other similar duties in the Family Division
when time allows. However, even in those counties in which conducting TRO
hearings does not comprise the majority of the DVHO’s time, such hearings shall
take precedence over other duties assigned to the DVHO. Any other duties
assigned to the DVHO must be consistent with the skills, abilities, and status of
the DVHO position.

DVHO Standard # 3: Management Structure
A.

The DVHO shall report to the Assistant Family Division Manager, and for legal
consultation or case issues shall have access to the Family Division Presiding
Judge or a judge designated by the Presiding Judge.

B.

The DVHO should participate in relevant meetings and discussions in the
vicinage held by the Presiding Judge, Division Manager, and Assistant Division
Manager(s).

C.

The DVHO should participate in the County Domestic Violence Working Group,
and in other intra-court and interagency committees/groups at the state and local
levels that are identified as appropriate by Family Division Management (e.g.
Presiding Judge, Family Division Manager or Assistant Family Division
Manager).

D.

The DVHO should attend statewide DVHO meetings, which are to be called by
the Family Division Manager who is designated to chair meetings of the DVHOs,
and may also attend other training events identified and approved by Family
Division Management, the SDVWG’s DVHO Advisory Committee, and the AOC.

The regular statewide meetings of DVHOs will be scheduled at the direction of the Chair
of the Conference of Family Presiding Judges, and will be chaired by the designated Family
Division Manager. It is expected that there will be at least nine such meetings during 2001, with
such meetings scheduled on a regular basis thereafter. It is also the expectation of the
Conference of Family Presiding Judges that all DVHOs will be encouraged and permitted to
attend all such statewide meetings. At the local level, the DVHO is expected to be an active
member of the County Domestic Violence Working Group in order to contribute his/her
expertise to the resolution of local and statewide issues related to the implementation of the
Prevention of Domestic Violence Act.
DVHO Standard #4: Facilities and Staff Support
A.

The DVHO should conduct the hearing in a hearing room specifically set up and
designed to accommodate domestic violence proceedings.
Hearing rooms shall be equipped with a desk/bench for the DVHO, chairs for

the victim and witnesses, space for support staff and security, phone, and PC with access to
FACTS, PROMIS/GAVEL, ACS, ACSES, as well probation, warrant, and jail information, and
the Judiciary’s InfoNet.1
B.

DVHOs shall be provided appropriate security, consistent with and as reflected
in the vicinage’s security plan.

C.

All hearings conducted by the DVHO shall be recorded and a log shall be
maintained. A court staff member should be provided during hearings to operate
the recording equipment, maintain the logs, take files to the judge for review and
signature, and, when necessary, escort the victim to a courtroom or back to
Intake.

D.

DVHOs shall be provided with the current version of the Domestic Violence
Reference Manual, which includes the Domestic Violence Procedures Manual.
DVHOs also shall have regular access to the following:
1.
2.
3.
4.
5.

New Jersey Rules of Court;
New Jersey Rules of Evidence;
New Jersey Code of Criminal Justice;
New Jersey Law Journal and/or New Jersey Lawyer;
Family Division slip opinions, as well as any other slip
opinions relating to domestic violence.

DVHO Standard #5: Jurisdiction
A.

DVHOs shall only hear requests for Temporary Restraining Orders made at the
Family Division during regular court hours. Appearance before the DVHO is
voluntary and a plaintiff may elect to appear before a judge instead. No adverse
inferences shall be drawn from a plaintiff’s election to appear before a judge.

B.

The DVHO shall be governed by the New Jersey Prevention of Domestic
Violence Act, New Jersey Court Rule 5:7A, the Domestic Violence Procedures
Manual, and these Standards in making recommendations regarding the
issuance of an initial Temporary Restraining Order and its specific provisions.

C.

DVHOs may draft and recommend Amended Temporary Restraining Orders
where only the Plaintiff appears and none of the exclusions listed in Section D
below apply.

D.

DVHOs shall not hear a particular matter if any of the following circumstances
exist:

1

Counties that cannot meet this standard immediately will be asked to develop a specific plan to meet the standard within a
reasonable period of time.

1.

When a change in or suspension of an existing custody or
visitation order is sought by plaintiff;

2.

When there are cross-complaints, complex issues or
circumstances, or pending or recently resolved cases involving the
parties that make the matter “complex”; (this determination of
“complexity” by the Hearing Officer is subject to the oversight of the
Presiding Judge or Lead Domestic Violence Judge)

3.

Where a party has submitted an application for dismissal;

4.

When both parties are present;

5.

When a TRO has been denied by the Municipal Court, and the
Plaintiff appears at the Family Division for a hearing de novo;

6.

When a conflict of interest or the appearance of impropriety would
result.

E.

Other than the matters set forth in Section D above, all cases shall be brought to
the attention of the DVHO, who can make referrals to the designated judge as
necessary and appropriate.

F.

The following provisions are applicable to cases involving the use or threatened
use of weapons.
1.

When a domestic violence complaint is taken in a matter that
involves the use or threatened use of a weapon, or where the
defendant possesses or has access to a firearm or other weapon
described in N.J.S.A. 2C:39-1r, this information should be noted on
the complaint and transmittal form that will be attached to the other
paperwork forwarded to the DVHO;

2.

If the DVHO finds that good cause exists for the issuance of a
TRO, the DVHO should proceed to review and check off those
restraints and reliefs being recommended;

3.

During the hearing, when the DVHO reaches the section of the
TRO prohibiting weapons possession, and after having
determined that there are weapons to be seized, the DVHO
should ask for as detailed a description as possible
concerning the type and number of weapons, and their specific
location(s);

4.

G.

If the DVHO determines that there is probable cause for
seizure, the DVHO should note this on the record and then
should:
a.

Complete the weapons seizure affidavit form
[Attachment] based on Plaintiff’s testimony, including
details about the weapon(s) to be seized and the likely
location(s) of the weapon(s), as well as the basis for
Plaintiff’s belief that such weapons are in Defendant’s
possession or are accessible to Defendant;

b.

Review the contents of the affidavit with Plaintiff of the record
and have Plaintiff sign the affidavit; the DVHO should witness
Plaintiff’s signature;

c.

Complete the warrant portion of the TRO with specificity
regarding the weapon(s), location(s) of same, and any other
instructions to law enforcement;

d.

Once the TRO hearing is completed, the recommended TRO,
along with the Weapons Seizure Affidavit, should be
presented to the appropriate judge for review (including
specific review of the affidavit and warrant section of the
TRO) and signature. The probable cause determination
regarding weapons seizure should be placed on the record,
along with the docket number and other identifying case
information;

e.

If the judge does not concur with the TRO as recommended,
or wishes to take testimony directly from the victim, or if the
DVHO finds no basis for the issuance of the TRO or a lack of
probable cause for weapons seizure and Plaintiff requests a
hearing de novo on either determination, the case should be
handled as an excluded case and forwarded to the judge for a
hearing de novo.

All recommendations made by the DVHO shall be reviewed by a Family Division
Judge or other Superior Court Judge, as follows:
1.

The Family Presiding Judge or a judge designated by the Presiding
Judge immediately shall review all Temporary Restraining Orders
recommended by the DVHO. If the judge finds the recommended
TRO to be appropriate, he or she should sign the TRO. The fact that
the matter was heard by a DVHO may be noted on the file but shall
not appear on the TRO itself.

2.

A plaintiff who does not agree with the findings and/or
recommendations of the DVHO shall be entitled to an immediate
hearing de novo conducted by the Family Presiding Judge or a
designated Family Division judge.

3.

Copies of the signed TRO shall be provided to Plaintiff by the court
or court staff, in accordance with local practice, before Plaintiff
leaves the courthouse. Defendant shall be served a copy pursuant
to N.J.S.A. 2C:25-17 et seq.

The Domestic Violence Procedures Manual sets out the standard for the maximum
amount of time that an individual should have to wait for a hearing. Every effort should be made
for cases to be heard within one hour after the time the complaint was completed. The
Domestic Violence Technical Assistance Team has examined this aspect of the process in
every county and has made recommendations for improvement in those counties in which the
amount of time a victim waits exceeds the standard.
Concern has been expressed that the DVHOs’ caseloads will expand as a result of the
specific authority to hear matters involving weapons, as set forth above. This will be monitored
at DVHO meetings and will be brought to the attention to the Presiding Judges-Family Division
Managers Domestic Violence Subcommittee, if necessary.

ATTACHMENT
AFFIDAVIT IN SUPPORT OF DOMESTIC VIOLENCE SEARCH WARRANT
I, ______________________ , having been duly sworn upon my oath according to the law, depose and say:
1.On ___________________, 200__, I was subjected to an act of Domestic Violence by the above defendant.
2.

I allege that the defendant committed an act of Domestic Violence as described in the attached
Complaint, such acts posing an imminent danger to my life, health or well-being.

3.

I also believe that the defendant is in possession of a weapon(s) that I reasonably believe would expose
me to a risk of serious bodily injury.

4.

These weapon(s) consist of (be as specific as possible)______________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
__________________________________________________________________________________ .

5.

I am aware that the defendant possesses or has access to these weapons based upon (how the victim is
aware of weapons)
__________________________________________________________________________________
__________________________________________________________________________________.

6.

The defendant’s weapons, noted in Item 4, are located at (be as specific as possible as to location of the
weapons and owner of the premises, if not the defendant.)
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
__________________________________________________________________________________ .

7.

I would request that the items in Item 4, as well as any other weapon that may be located by law
enforcement at the location(s), be seized for safekeeping purposes. I would further request all of the
defendant’s permits to carry a firearm, firearms purchaser identification card, and any outstanding
applications to purchase firearms be seized.
__________________________________
Signature of Affiant

Oath administered and witnessed by:
_______________________________
Hearing Officer
Date:________________

[Questions or comments regarding this
Directive may be directed to (609) 984-4228.]

Directive # 2-06
[Supplements Directive #16-01]
TO:

Assignment Judges

FROM:

Philip S. Carchman

SUBJ:

Standards for Backup Domestic Violence Hearing Officers

DATE:

January 30, 2006

The Judicial Council at its December 8, 2005 meeting approved the attached set
of Standards for Backup Domestic Violence Hearing Officers (“Backup DVHOs”). These
Standards for Backup DVHOs supplement the Domestic Violence Hearing Officer
Program Standards previously promulgated by Directive #16-01.
These Standards for Backup DVHOs authorize vicinages to designate an existing
staff person as a Backup DVHO to function temporarily as a DVHO on a collateral, parttime basis when the DVHO is absent or otherwise unavailable. Any such designations
are to be made by the Assignment Judge, with the Backup DVHO first to have
completed the same training required of full-time Domestic Violence Hearing Officers.
Please feel free to contact Assistant Director Harry Cassidy at 609-984-4228 with
any questions or for further information concerning the appointment and training of
Backup DVHOs.
P.S.C.

attachment
cc:
Chief Justice Deborah T. Poritz
Family Presiding Judges
Theodore J. Fetter, Deputy Admin. Director
AOC Directors and Assistant Directors
Trial Court Administrators
Family Division Managers
Geraldine Washington, Chief, Family Practice Division
Steven D. Bonville, Special Assistant
Francis W. Hoeber, Special Assistant

DOMESTIC VIOLENCE HEARING OFFICER (DVHO) PROGRAM
STANDARDS FOR
BACKUP DOMESTIC VIOLENCE HEARING OFFICERS (BDVHOs)
Promulgated by Directive #2-06 as a Supplement to Directive #16-01
Purpose
The Domestic Violence Hearing Officer Program Standards approved by the Supreme
Court established the procedures for appointing and training DVHOs and for the conduct
of domestic violence proceedings before such Hearing Officers. The Standards are
documented in Directive #16-01, dated December 14, 2001. The Backup DVHO
Standards described authorize vicinages to designate a staff person to function
temporarily as DVHO when the DVHO is absent for any reason. The use of a Backup
DVHO may obviate the need for a judge to hear requests for a domestic violence
restraining order when the DVHO is absent and thus provide more prompt responses to
plaintiffs in these cases. Vicinages are not required to make such designations, but are
permitted to do so.
BDVHO Standard # 1: Designation
Backup DVHOs shall be designated by the Assignment Judge or his/her designee
following the candidate’s completion of the training and approval process
outlined herein. The candidate must be either an Administrative Specialist 4 or an
Assistant Family Division Manager.
BDVHO Standard #2: Duties and Responsibilities
The duties and responsibilities of the BDVHO shall be the same as for the DVHO
as set forth in DVHO Standard #2.
BDVHO Standard #3: Management Structure
The BDVHO shall report to the Assistant Family Division Manager, and for legal
consultation or case issues shall have access to the Family Presiding Judge or
another judge designated by the Presiding Judge. If the BDVHO is an Assistant
Family Division Manager, he or she shall report to the Family Division Manager.
BDVHO Standard #4: Training Curriculum
All Backup DVHOs must complete the approved Domestic Violence Hearing
Officer training curriculum prior to conducting hearings.
A prospective BDVHO shall be present and observe DVHO proceedings on
requests for TROs with the vicinage mentor DVHO at a minimum of 30% of the
Standards for Backup Domestic Violence Hearing Officers
Directive #2-06 (issued January 30, 2006)
Page 1 of 3

county’s monthly DV caseload for the first month of training and will observe
DVHO proceedings that involve weapons at a minimum of 20% of the county’s
monthly caseload of such cases. The BDVHO candidate shall also observe
requests for TROs and FROs heard by vicinage Family Part Judges at a minimum
of two days in his/her first month of training. The BDVHO shall also observe an
existing DVHO in another vicinage for two days during this period. The BDVHO
candidate is also required to meet with the DV Advisory Judge 1 at least once
during this time at the convenience of the DV Advisory Judge. The length of time
a candidate for the BDVHO position remains in training shall be determined in
consultation with the vicinage’s Family Presiding Judge, the state DV Advisory
Judge, the Family Division Manager and the AOC Family Practice Division, and
will depend upon the following:
a.
b.
c.
d.
e.

Prior Domestic Violence training and experience;
Report from the Family Part Presiding Judge;
Report from the DV Advisory Judge;
Report from the mentor DVHO;
Report from vicinage DVHO.

After consultation with vicinage management and reports from the mentor DVHO
and any other DVHO who may have observed the BDVHO, the DV Advisory
Judge will make a determination as to that individual’s ability to conduct hearings
independently. If the determination is positive, the BDVHO may proceed to hear
requests for TROs immediately upon the designation by the Assignment Judge or
his/her designee.
Should the newly designated BDVHO require additional training based on the
reports received, that training will be organized by AOC Family Practice Division
for a length of time determined by the DV Advisory Judge.
BDVHO Standard #5: Conducting Hearings Under Supervision
When all parties agree that the BDVHO is ready to conduct hearings under the
supervision of the existing DVHO, that additional training shall be no less than 10
cases.
BDVHO Standard #6: Conducting Hearings
In order to keep their skills current, the BDVHOs shall conduct (at a minimum)
10% of the monthly hearings of the county where they are assigned on an ongoing
basis. The schedule shall be determined by the Family Division Manager in
relation to the other duties of the BDVHO and the volume of domestic violence
cases in the vicinage.
1

The statewide Domestic Violence Advisory Judge is designated by the Administrative Director to provide
technical assistance to vicinages in the management of their domestic violence programs. The current DV
Advisory Judge is Judge Thomas Dilts, P.J.F.P., Somerset/Hunterdon/Warren Vicinage.
Standards for Backup Domestic Violence Hearing Officers
Directive #2-06 (issued January 30, 2006)
Page 2 of 3

BDVHO Standard #7: Continued Training
BDVHOs shall have at least three days of continuing education/training per year.
Information pertaining to training opportunities should be made available at the
vicinage level and through the AOC Family Practice Division.
BDVHO Standard # 8: Compliance with Existing DVHO Standards
BDVHOs shall operate within the following existing DVHO Standards:
a.
b.

Standard # 4 Standard # 5 -

Facilities and Staff Support
Jurisdiction

Standards for Backup Domestic Violence Hearing Officers
Directive #2-06 (issued January 30, 2006)
Page 3 of 3

~

g,

'""r--

III

III

Prepared by the Prosecutors
and Police Bureau & Office or
Victim. Witness Advocac.v
Division or Criminal Justice

Introduction
Form

to Training

Guide

for Victim

Notification

The Victim Notification Form has been revised to improve the
recording of information. This will assist the victim, the law
enforcement officer and the courts in providing notification to the
victim. The revisions will be noted in this training guide. It is
important to keep in mind the following:
"Victims are the people behind crime statistics. They
are the individuals who suffer the injuries inflicted by
criminals
"1 A victim of crime is entitled to know

A copy of the
revised form is
included in this
training guide. The
revisions will be
explained in this
training guide.

when the offender is arrested or released from
custody. This is the law in this State.
"The Legislature finds and declares that it is in the
public interest that victims involved in proceedings
within the State's criminal justice system receive
adequate notice and advice concerning critical stages
of the criminal justice process to allow for
participation and understanding."2
To provide arrest and release information to the victim, the
Attorney General has approved a revised Victim Notification
Form. This form has been designed for quick entry of information
with its "check the box and fill in the blank" format.
This form replaced the Domestic Violence Victim's Rights Form
and includes the Crime Victims' Bill of Rights in English and in
Spanish.3 This form should be completed
.

during the initial stages of the investigation of an
indictable offense where there is a victim;

.

when a defendant is arrested for an indictable criminal
offense; or

.

when a police officer responds to a domestic violence
incident.

DCJ In-Service Training

1

Rev. 4/00

Note: The information
contained
on this form is
confidential.
No information
is to be released
or given to
the defendant,
defense counselor
any person not having
an absolute
need to know.

This information
is confidential

For the safety of the victim,
this form should
not be kept
in any file, which
contains
discoverable
material,
that is
information
that will be given to the defendant
under the
discovery
rules of court.4 This effort may prevent
retaliation
attempts
by the accused.

Officers should not write any domestic violence victim
contact information
in their incident reports which may
disclose the whereabouts
of the victim. Incident
reports
are discoverable.
Confidentiality
of this information is extremely important,
especially in domestic violence cases where the victim has
relocated to escape the abuser who may resort to threats or acts
of violence to intimidate the victim. The officer must keep in mind
the dynamics of domestic violence and the batterer's need to
maintain power and control over the victim. A victim of domestic
violence may be at a 75 percent greater risk of serious injury
when the victim leaves the battering relationship.

For more informatior
on the dynamics of
domestic violence,
please see the
Dynamics of Domestic
Violence) Training
Module 1,.issued by
the Division of
Criminal Justice in
1995.

The officer should stress to the victim the importance ofkeeping
the police, the prosecutor's office or the courts informed of any
changes in address or telephone numbers where the victim can be
immediately contacted.
The officer also should point out to the victim information
contained on the pink copy of the form, which includes important
telephone numbers. The victim should be advised to contact the
county Office of Victim-Witness
Advocacy ifhe or she has any
questions about the criminal justice process.
I.

A Close

Look

at the Top

Portion

of the Form

A. The top portion of the form, shown on the next page, is
to be completed by the officer who responds to the call
or a person who assists the victim. This portion asks
for the basic identifying data.

DCJ In-Service Training

74

2

Rev. 4/00

r

Defendant:
Warnmtl(Sumrnons)

Charges:

No.

Department/Agency:

N arne of Police Officer or Court Staff:
Telephonc

Date:

DOB:

SSN:

Date of Arrest:

.Case/DocketNo.

Fax No.

No.

Defendant Information -In addition to defendant's
name, list defendant's social security number, date of
birth, or jail commitment number, ifknown.
The law enforcement officer or court staff initiating
this form should complete the identifying
information portion of the form. Law enforcement
officers should list badge number next to his or her
name. The victim, who will receive the pink copy of
this form, will use this information to contact the
person preparing this form.

.

Checking

II.

the Boxes

This portion of the form is filled out by the responding officer or
court personnel assisting the victim. This information will alert
the notifying agency regarding the required timetable for notifying
the victim of an arrest or release.
Check
O
Q

Appropriate

Boxes

( 0/)

Victim cannot be idcntilied or is a government agency
If dcfcndant is charg(.-d with one of following nffenses, victim informl.-d of right to irnmediatc notification
release from pretrial
0
0

kidnapping. 0

custody:

robbery.

domC5tic violence: 0

O aggravated assault, 0

0

scxual offcnsc.-;. 0

Violation of TRO/FRO; 0

0

In all other cases. victim informed

0

Time & date of court hearing, if applicable,

A.

Victim

cannot

arson. 0

carjacking. 0

child abuse. 0

of defendant's

death by auto. 0

arrest or

homicidc,

stalking
Other domC5tic violcncc offcnscs -N.J.S.A.

that hc/shc will bc notified within 48 hours after defcndanrs
in which court may consider derendant's

be identified

2C:25-19a
arrest or pretrial relea.~

bail status:

or is a government

agency

The officer should make reasonable efforts to identify
the victim of the criminal offense at the time the form
is completed. However, there may be instances when
it is not possible to identify a victim. Examples when
this box should be checked are:
.

when there is damage to government property;

DCJ In-Service Training

3

Rev. 4/00

I

B.

.

when vacation property, whose owner has not
been identified, is stolen or damaged;or

.

When a murder victim's identity is unknown.

Immediate

Notification

Crimes

If one of the enumerated crimes has been committed,
the responding officer must check the appropriate
box. This signifies to the notifying agency as well as
the victim, that immediate telephone notification
must be initiated when the defendant is arrested or if
the defendant is about to be released from custody.
Note:
The
notification"
regardless

term
"immediate
telephone
should
be interpreted
strictly
of the time
of day or night.

There is a box entitled "domestic violence" which is
illustrated below. This box is to be checked when the
domestic violence act is violated. If the domestic
violence incident is a violation of a restraining order ,
the "violation ofTRO/FRO" box should be checked. If
the domestic violence offense is one of the enumerated
domestic violence crimes, the box "Other domestic
violence offenses -N.J.S.A.
2C:25-19a" should be
checked. All domestic violence offenses, regardless of
classification, require immediate notification.

I Criminal
Offenses
that activate
the
protections
of the
domestic violence act
are:

Homicide, assault,
terroristic threats,
kidnapping, criminal
restraint, false
imprisonment, sexual
assault, criminal sexu~
contact, lewdness,
criminal mischief,
burglary , criminal
trespass, harassment,
I and stalking.

Further down on the form, the victim will have the
opportunity to choose not to be notified by telephone.
However, the officer must explain to the victim that
under the law, the victim is entitled to be notified
immediately if one of these criminal offenses has been
committed and the defendant is either arrested or is to
be released from custody.

DCJ In-Service Training

4

Rev. 4/00

If the officer at the scene knows that because of the
nature of the criminal offense the arrested defendant
will be released on his or her own recognizance after
being processed at headquarters, the officer should
explain this procedure to the victim at this time.
Since the defendant will not be held in custody, no bail
will be set and no further notification regarding
defendant's release will be made to the victim.
c.

Notification
within
pretrial
release

48 hours

after

arrest

or

If the criminal offense is not a domestic violence
related offense or the indictable criminal offense is not
one of the enumerated offenses requiring immediate
notification, the victim is to be notified within 48
hours of the defendant's arrest or pretrial release.5

D. Time & Date of Court Hearing
Some counties have a Central Judicial Processing
Court (CJP Court) where the defendant will be
brought before the court, informed of the pending
charges and bail will be set. In these jurisdictions, the
officer should write in the time and date of the court
hearing.
III.

Victim

Information

This infonnation should be printed legibly either by
the victim or by the responding officer. The victim
should be instructed to give a name and telephone
number where he or she can be reached. If the victim
does not have a telephone, a number for a friend,
neighbor or relative must be provided.
In the case ofhomicide, all surviving family members
are considered "victims." The officer should obtain
victim contact information from the closest relative
(i.e., spouse first, the parents or adult children or
siblings) or his/her designee.
If the victim is a juvenile, a name of a parent or
guardian should be listed with the following notation:
"for juvenile."

DCJ

In-Service