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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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);

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(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.

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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.”)

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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”);

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(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
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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.
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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.

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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
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

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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

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(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

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(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.
1

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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

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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

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

(9/00)

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.

3

(9/00)

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

(9/00)

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.
1

(9/00)

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.

2

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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.
3

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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

(9/00)

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

(9/00)

__________________ 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

(9/00)

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.

New Jersey
Law Enforcement
Drug Testing
Manual

Law Enforcement Drug Testing Manual
enforcement agencies;

Introduction
In October 1986, the Attorney General of New
Jersey issued Law Enforcement Drug Screening
Guidelines for use by the State’s law enforcement
agencies. These guidelines, which were developed by
the New Jersey Criminal Justice Advisory Council,
outlined methods and procedures for the drug testing
of law enforcement officers that were consistent with
the legal principles governing workplace drug testing
and satisfied the Attorney General’s responsibility to
maintain the integrity of the State’s law enforcement
agencies.

•

The types of drug testing that can be conducted
by a law enforcement agency;

•

The implementation of a random drug testing
program;

•

The collection and submission of specimens to
the State Toxicology Laboratory;

•

The analysis of specimens by the State
Toxicology Laboratory;

•

The reporting of drug test results to law

•

The responsibilities of the law enforcement
agency and executive officers following the
receipt of test results.

Objectives
As the chief law enforcement officer of the State,
the Attorney General has a duty to ensure that the
citizens of New Jersey receive police services from
law enforcement officers whose competency and
integrity are beyond question. The Attorney General
is also responsible for ensuring that the illegal use of
drugs by individual law enforcement officers does not
undermine the integrity of law enforcement agencies
or threaten the safety and morale of other law
enforcement officers.

The purpose of this manual is to acquaint law
enforcement personnel with New Jersey’s law
enforcement drug testing program. Specific sections
of this manual will discuss in detail the following
topics:
The objectives of a law enforcement drug testing
program;

The consequences of a positive test result for
subject officers; and

The Division of Criminal Justice together with the
State Toxicology Laboratory is responsible for
coordinating the law enforcement drug testing
program. Information concerning the program may be
found at the Division’s website "www.njdcj.org". In
addition, specific inquiries may be addressed to the
Division of Criminal Justice at 609-984-6500.

The 1986 policy was revised in 1990 and 1998.
The 1990 revisions modified the specimen acquisition
process and designated the State Toxicology
Laboratory in Newark as the sole facility for law
enforcement drug testing in New Jersey. The 1998
revisions renamed the document the Law Enforcement
Drug Testing Policy and permitted law enforcement
agencies to implement random drug testing programs.
It was revised in June 2001 to clarify some issues
concerning random drug testing and the Central Drug
Registry.

•

•

In an effort to fulfill these responsibilities, the
Attorney General has issued the Law Enforcement
Drug Testing Policy. The goal of the policy is deter
illegal drug use by law enforcement officers. The
policy provides law enforcement agencies with a
mechanism to identify and remove those law
enforcement officers engaged in the illegal use of
drugs. Because illegal drug use is inconsistent with
the duties, obligations and responsibilities of sworn
law enforcement officers, the policy mandates that
officers who test positive must be terminated from
employment.
The policy sets forth uniform methods and
procedures for implementing and administering law
enforcement drug testing. The policy also outlines the
duties and responsibilities of the State’s law
1

DCJ 7/15/01

Law Enforcement Drug Testing Manual
enforcement agencies and chief executive officers with
respect to the drug testing process. Any law
enforcement agency that implements a drug testing
program must do so consistent with the policy.

this State, come under the jurisdiction of the Police
Training Act, and be authorized to carry a firearm
under N.J.S.A. 2C:39-6.
Under the Special Law Enforcement Officers’
Act, (N.J.S.A. 40A:14-146.8 et seq.), special law
enforcement officers are required to comply with the
same rules and regulations as regular police officers
employed by the same agency. Therefore, if an
agency’s regular police officers are required to
undergo drug testing, the agency’s special law
enforcement officers are also required to undergo drug
testing. However, only Class Two Special Law
Enforcement Officers are subject to testing under the
policy. In addition, special law enforcement officers
are subject to testing only during those periods when
they are employed by the municipality. For example,
if a special law enforcement officer is appointed in
January but employed only between May and October,
the special officer is exempt from drug testing between
January and April, subject to drug testing between
May and October and exempt again in November and
December.
Special law enforcement officers
employed throughout the calendar year are subject to
drug testing throughout the calendar year. During
those periods when they are eligible for drug testing,
special law enforcement officers should be tested at
the same time and in the same manner as the agency’s
regular police officers.

The policy also seeks to ensure that the
employment rights of individual law enforcement
officers are safeguarded consistent with existing legal
principles. As a result, the policy sets forth procedures
for the uniform collection, submission and analysis of
drug test specimens. The procedures seek to ensure
the accuracy and reliability of the drug testing process.
They also seek to ensure that each law enforcement
agency administers its drug testing program in a way
that is fundamentally fair to individual law
enforcement officers and is consistent with existing
due process requirements.
In addition to providing uniform methods and
procedures for implementing and administering the
drug testing process, the policy imposes uniform
penalties on those law enforcement officers who test
positive for the illegal use of drugs. The Attorney
General has determined that illegal drug use by law
enforcement officers or those attending mandatory
basic training to become a law enforcement officer
will not be tolerated. Thus, permanently appointed
law enforcement officers and those attending
mandatory basic training to become a law enforcement
officer who test positive for the illegal use of a
controlled substance shall be dismissed from
employment and permanently banned from future law
enforcement employment in New Jersey. Applicants
and candidates for law enforcement employment who
test positive for illegal drug use during a preemployment background investigation shall be
removed from further consideration for employment,
and barred from law enforcement employment in New
Jersey for two years.

Because the authority of the Attorney General
under the Criminal Justice Act of 1970 (N.J.S.A.
52:17B-98) is limited to county and municipal law
enforcement agencies, the Law Enforcement Drug
Testing Policy does not apply to State and county
corrections officers, interstate law enforcement
officers and federal law enforcement officers.
Agencies that employ these officers are free to adopt
their own drug testing policies that address the specific
issues posed by the duties these officers perform.
The Law Enforcement Drug Testing Policy also
does not apply to civilian employees of a law
enforcement agency. Agencies that wish to drug test
civilian employees should consult with legal counsel
to determine whether drug testing policies and
procedures have been addressed by a collective
bargaining agreement or some other administrative or
executive official.

Applicability
Law enforcement agencies may drug test sworn
law enforcement officers in a manner that is consistent
with the Law Enforcement Drug Testing Policy. In
order for a sworn law enforcement officer to be subject
to this drug testing policy, the officer must be
responsible for the enforcement of the criminal laws of
2

DCJ 7/15/01

Law Enforcement Drug Testing Manual
In addition, the Law Enforcement Drug Testing
Policy does not govern drug testing that may be
conducted during a regularly scheduled medical
examination. Law enforcement agencies have the
discretion to require their employees to undergo
periodic medical examinations to ensure their fitness
for duty. Whether drug testing will be conducted
during a periodic medical examination is a matter to be
decided by the agency in consultation with the doctor
or doctors conducting the examinations. In the event
drug testing is conducted during a periodic medical
examination, the collection and analysis of specimens
shall be performed according to procedures established
by the doctor or doctors conducting the examination.
However, individual officers who test positive for
illegal drug use during a periodic medical examination
are subject to appropriate disciplinary action under the
rules and regulations of their agency.

amount of time has elapsed since the previous step in
the employment process.
During the pre-employment process, the agency
must ensure that it complies with the provisions of the
Americans with Disabilities Act (ADA) by refraining
from making any medical inquiries. Therefore, the
medication information form should not be used at the
applicant stage, unless a positive test result requires an
explanation by the prospective employee.
Trainee Testing
Individuals hired as law enforcement officers who
are required to attend and successfully complete a
mandatory basic training course approved by the
Police Training Commission are subject to drug testing
during their attendance at a police academy. The drug
testing of law enforcement trainees will be conducted
by the police academy staff under rules and
regulations adopted by the Police Training
Commission.

Types of Drug Testing
Law enforcement drug testing may be categorized
according to the employment status of the individual
being tested and the method by which the individual
was selected for testing. These methods include
applicant testing, trainee testing, reasonable suspicion
testing and random testing.

Reasonable Suspicion Testing
A third method for selecting individuals for law
enforcement drug testing is reasonable suspicion
testing. While law enforcement agencies are not
required to implement applicant testing or random
testing, agencies must undertake reasonable suspicion
testing when there is reasonable suspicion to believe
that a law enforcement officer, prospective law
enforcement officer or law enforcement officer trainee
is engaged in the illegal use of controlled substances.

Applicant Testing
The Law Enforcement Drug Testing Policy
recognizes that drug testing may be an important
component of a pre-employment background
investigation. Thus, while the policy does not require
prospective employees to be drug tested, law
enforcement agencies seeking to hire officers should
strongly consider drug testing candidates for
employment. The policy permits law enforcement
agencies engaged in the hiring process to drug test
prospective employees at any point during the preemployment process.

Unlike applicant and trainee testing, reasonable
suspicion testing requires a decision as to whether the
appropriate basis for conducting a test exists (i.e.
reasonable suspicion). Because reasonable suspicion
is a legal concept of some complexity, this manual will
not attempt to define the term. However, law
enforcement executive officers should be aware of the
following.

In addition, candidates for employment may be
tested as many times as the law enforcement agency
deems necessary to ensure that the candidates are not
engaged in the illegal use of drugs. For example,
applicants who have been drug tested as part of the
application process may be tested again if a significant

Reasonable suspicion "requires objective facts
which, with inferences, would lead a reasonable
person to conclude that drug-related activity is taking
or has taken place and that a particular individual is

3

DCJ 7/15/01

Law Enforcement Drug Testing Manual
involved in that drug activity."1 The reasonable
suspicion standard is "less demanding" than the
probable cause standard in two ways.2 First, the
amount of evidence needed to satisfy the reasonable
suspicion standard is less than that needed to satisfy
the probable cause standard.3 Second, the type of
information used to satisfy the reasonable suspicion
standard may be "less reliable than that required to
show probable cause."4 The following factors should
be evaluated to determine the quality and relevance of
the information acquired by the law enforcement
agency:
1.
2.
3.
4.
5.

Random Testing
The last method of selecting law enforcement
officers for drug testing is random selection. The most
recent revisions to the Law Enforcement Drug Testing
Policy authorize law enforcement agencies to drug test
sworn law enforcement officers by randomly selecting
the officers to be tested. Random selection is defined
by the policy as a method of selecting employees for
drug testing in which every member of the agency,
regardless of rank or assignment, has an equal chance
of being selected each and every time a selection is
made. The number of officers to be selected each time
a random test is conducted shall be less than the total
number of sworn officers employed by the agency.

The nature and source of the information;
Whether the information constitutes direct
evidence or is hearsay in nature;
The reliability of the informant or source;
Whether corroborating information exists and the
degree to which it corroborates the accusation;
and
Whether and to what extent the information may
be stale.5

The Law Enforcement Drug Testing Policy does
not require law enforcement agencies to implement
random drug testing programs. However, agencies
that establish a random drug testing program must do
so by rule, regulation or procedure. A municipal
police department should have the appropriate
authority adopt a rule or regulation as defined by
N.J.S.A. 40A:14-118 authorizing random drug testing.
County, State or campus police agencies should have
the appropriate administrative, executive or law
enforcement official adopt a policy or procedure
authorizing random drug testing. Random drug testing
cannot be implemented until the rule, regulation or
procedure has been in effect for a minimum of 60
days.

Every law enforcement agency subject to the
jurisdiction of the Attorney General must include in its
rules and regulations a provision governing reasonable
suspicion drug testing. Before a law enforcement
executive may order an individual officer to undergo
reasonable suspicion testing, the agency shall prepare
a written report documenting the basis for the test.
Law enforcement executives who wish to discuss
whether the information they possess is sufficient to
conduct reasonable suspicion testing should contact
their county prosecutor’s office for advice.

The rule, regulation or procedure authorizing
random drug testing should state that all sworn
members of the agency are eligible for random drug
testing, regardless of rank or assignment. The rule,
regulation or procedure should also indicate the
maximum number of officers to be selected each time
a random selection takes place. This can be expressed
as either the number of officers to be selected or a
percentage of the agency's sworn personnel. It is
acceptable to state this as a maximum number of
officers to be tested, e.g., "No more than 30% of the
officers in the department will be selected each time a
random drug test is conducted." In any case, the
number of sworn officers selected shall be less than
the total number of sworn officers employed by the
agency.

1

Caldwell v. New Jersey Department of
Corrections, 250 N.J.Super. 592, 609 (App. Div.
1991); certif. denied, 127 N.J. 555 (1991).
2

Drake v. County of Essex, 275 N.J.Super.
585, 589 (App. Div. 1994).
3

Id.

4

Id.

5

Caldwell v. New Jersey Department of
Corrections at 250 N.J.Super. at 609.
4

DCJ 7/15/01

Law Enforcement Drug Testing Manual
The agency must choose a method of random
selection which ensures that every sworn officer in the
agency has an equal chance of being selected each and
every time a selection takes place. In other words, an
officer who has been selected on one or more previous
occasions for a random drug test is not excused from
future tests. The mechanism for selecting officers can
be as simple and inexpensive as placing names in a
hat, or as complex and expensive as a custom
computer program. The procedures used for each
random selection must be carefully documented.

integrity of the specimen.
Prior to the submission of a urine specimen,
sworn law enforcement officers and law enforcement
trainees shall complete a medication information form
(Attachment A) by listing all prescription medication,
non-prescription (over-the-counter) medication,
dietary supplements and nutritional supplements that
were ingested by the officer during the past 14 days.
Candidates for law enforcement employment are not
required to complete a medication information form at
this time.

The random selection process should be verified
and documented.
The agency should permit
representatives of the affected collective bargaining
units to witness the selection process. Everyone
present at the time of the selection, however, must
understand that anyone who discloses the identity of
an officer selected for random testing, or the fact that
a random selection is scheduled to take place prior to
the collection of urine specimens, will be subject to
discipline.

Throughout the testing process, the identity of
individual law enforcement officers shall remain
confidential. Individual specimens and forms shall be
identified throughout the process by the use of social
security numbers. At no time shall a name appear on
any form or specimen container sent to the State
Toxicology Laboratory.
Specimens will be collected utilizing equipment
and supplies approved by the State Toxicology
Laboratory. Under no circumstances shall a specimen
be collected and submitted for analysis in a specimen
container that has not been approved by the State
Toxicology Laboratory. It is the responsibility of each
agency to contact the Laboratory to obtain the
appropriate supplies and equipment.

Collection of Specimens
The integrity and accuracy of the law
enforcement drug testing program depends in large
measure on appropriate specimen acquisition
procedures. Fortunately, these procedures are not
complicated and can be followed on a step-by-step
basis.

The procedures for labeling, collecting and
sealing urine specimen containers are set forth in
Attachment B.

The agency will designate a staff member to serve
as monitor of the specimen acquisition process. This
monitor should always be of the same sex as the
individual being tested. However, in the event there is
no member of the same sex available from the agency
collecting the specimens, the agency may request that
a member of the same sex from another law
enforcement agency serve as monitor of the process.

Every effort shall be made to ensure the privacy
of individual officers who have been directed to
provide a specimen. Therefore, individual officers
will void without the direct observation of the monitor.
This means that while the monitor may be present in
the area where individuals void, there can be no direct
observation of the officer’s production of a specimen.
However, it is the responsibility of the monitor to
ensure the accuracy and integrity of the test.
Therefore, a monitor can, among other things, direct
an individual officer who has been selected for drug
testing to remove outer clothing (jackets, sweaters
etc.), empty their pockets, and wash their hands under
running water, before they produce a specimen. In
addition, the monitor may wish to add tinting agents to

The monitor of the specimen acquisition process
shall be responsible for ensuring that all
documentation associated with the test procedures is
fully and accurately completed by the individual
submitting the specimen. The monitor will insure that
the collection of specimens is done in a manner that
provides for individual privacy while ensuring the
5

DCJ 7/15/01

Law Enforcement Drug Testing Manual
toilet water and secure the area where the specimens
are to be collected prior to conducting individual drug
tests.

the appropriate action taken against the officer.

Second Specimen

If the monitor has reason to believe that an
individual officer will attempt to adulterate or
contaminate a specimen, substitute another substance
or liquid for their specimen, or compromise the
integrity of the test process, the monitor may conduct
a direct observation of the individual officer. If a
monitor concludes that direct observation is necessary,
he or she must document the facts supporting the
belief that the officer will attempt to compromise the
integrity of the test process before there can be direct
observation.

Law enforcement officers and law enforcement
trainees have the option to provide the monitor with a
second urine specimen. This second specimen must be
collected at the same time and the same place as the
first specimen. The second specimen must be given
contemporaneous with the first specimen, in other
words, during the same void. The second specimen
shall be collected in the same fashion as the first
specimen. The monitor shall take possession of the
second specimen and place it in a secured refrigerated
storage area.

After a specimen has been produced, the officer
shall seal the specimen container and deliver it to the
monitor. The monitor shall take possession of the
specimen and ensure that it has been properly labeled
and sealed. The monitor must check the temperature
tape on the specimen container within five minutes of
collection. A reading between 90º and 100º F is
acceptable. If the temperature tape does not indicate
the acceptable temperature, the monitor must examine
the possibility that the officer attempted to tamper with
the collection.

The law enforcement agency shall maintain
possession of the second specimen for a period of 60
days or until the agency receives notification from the
State Toxicology Laboratory that the first specimen
tested negative for the presence of controlled
substances.
The second specimen shall be released for
analysis by the law enforcement agency under the
following circumstances:

At the conclusion of the test process, the monitor
shall ensure that all chain of custody documentation
has been properly completed and make arrangements
for the specimen to be delivered to the State
Toxicology Laboratory.
Individuals who are unable to produce a urine
specimen may remain under the supervision of the test
monitor until the monitor is satisfied that the
individual cannot produce a specimen. While the
individual is under supervision, the monitor may direct
the individual to drink fluids in an attempt to induce
the production of a specimen. If the individual
remains unable to provide a specimen after a
reasonable period of time, the monitor may have the
individual examined by a doctor to determine whether
the inability to produce a specimen is the result of a
medical or physical infirmity. If there is no valid
reason why an individual officer cannot produce a
specimen, the inability to produce a specimen shall be
deemed a refusal to cooperate with the test process and
6

1.

The agency is notified by the State Toxicology
Laboratory that the first specimen tested positive
for a controlled substance; and

2.

The agency is informed by the officer whose
specimen tested positive that the officer wishes to
have the specimen independently tested; and

3.

The officer designates a laboratory that is
licensed as a clinical laboratory by the New
Jersey Department of Health under the New
Jersey Clinical Laboratory Improvement Act to
conduct the independent test; and

4.

A representative of the licensed clinical
laboratory takes possession of the second
specimen in accordance with accepted chain of
custody procedures within 60 days of the date the
specimen was produced.

DCJ 7/15/01

Law Enforcement Drug Testing Manual
Directions to the State Toxicology Laboratory are
found in Attachment D. The Laboratory will accept
submissions on regular work days, from 8:30 a.m. to
4 p.m.
The Laboratory can be contacted at
973-648-3915.

Submission of Specimens for Analysis
The State Toxicology Laboratory within the
Division of Criminal Justice is the only facility
approved for the analysis of law enforcement drug
tests conducted under the Law Enforcement Drug
Testing Policy. Law enforcement agencies are not
permitted to use any other facility or laboratory for the
purpose of analyzing urine specimens for illegal drug
use by law enforcement officers.

Analysis of Specimens
The analysis of each specimen shall be done in
accordance procedures adopted by the State
Toxicology Laboratory. These procedures shall
include but not be limited to security of the test
specimens, chain of custody, metabolite cut-off levels
and the issuance of test reports. The State Toxicology
Laboratory will utilize the following test procedures to
analyze urine specimens for illegal drug use.

Urine specimens should be submitted to the State
Toxicology Laboratory as soon as possible after
collection. In the event a specimen cannot be
submitted to the laboratory within one working day of
collection, the law enforcement agency shall store the
specimen in a controlled access refrigerated storage
area until submission to the State Toxicology
Laboratory.

The Laboratory's drug testing procedures will
screen specimens for the following controlled
substances at the cut-off levels indicated:

The submission of specimens to the State
Toxicology Laboratory may be accomplished by
personnel from the law enforcement agency or
commercial courier. Should a law enforcement agency
choose to have specimens delivered to the State
Toxicology Laboratory by commercial courier, the
submission must be by "next day delivery," and
packaged in a manner that includes two additional
seals to provide for the integrity of the test specimens.

1.
2.
3.
4.
5.
6.
7.
8.

All specimens must be accompanied by a medical
information form and a specimen submission record
(Attachment C). The State Toxicology Laboratory
will inspect all documentation to ensure that it has
been properly completed. Failure to include the
appropriate documentation with each submission will
cause the Laboratory to delay conducting an analysis
of the specimen or specimens until the missing
documentation is submitted. In situations where
documentation remains incomplete for a total of five
business days, the specimen will be discarded.

Amphetamine / methamphetamine . . 300 ng/ml
Barbiturates . . . . . . . . . . . . . . . . . . . 300 ng/ml
Benzodiazepine . . . . . . . . . . . . . . . . 300 ng/ml
Cannabinoids (marijuana) . . . . . . . . . 20 ng/ml
Cocaine . . . . . . . . . . . . . . . . . . . . . . . 300 ng/ml
Methadone . . . . . . . . . . . . . . . . . . . . 300 ng/ml
Opiates (heroin) . . . . . . . . . . . . . . . . 300 ng/ml
Phencyclidine . . . . . . . . . . . . . . . . . . . 75 ng/ml

The State Toxicology Laboratory utilizes a two
stage procedure to analyze specimens. In the first
stage, all specimens submitted to the Laboratory will
undergo an initial drug screening procedure. This
procedure, which employs flourescence polarization
immunoassy (FPIA) technology, analyzes each
specimen for the eight substances listed above. The
initial screening procedure analyzes each specimen to
determine whether one or more of the eight substances
or their metabolites are present.6 If the initial analysis
determines that a specimen contains one of the
substances listed above in an amount equal to or
greater than the cut-off level, the specimen will
undergo a second stage of analysis.

In addition to ensuring that the appropriate
documentation has been completed and submitted for
each specimen, the State Toxicology Laboratory shall
inspect each specimen for damage and evidence of
tampering. The Laboratory may reject any specimen
it has reason to believe has been tampered with or
damaged.

6

A metabolite results from the body’s
breakdown of a particular substance.
7

DCJ 7/15/01

Law Enforcement Drug Testing Manual
Gas chromatography/mass spectrophotometry
(GC/MS) constitutes the second stage of analysis
employed by the State Toxicology Laboratory.
Specimens that have tested positive following FPIA
analysis in an amount equal to or greater than the cutoff level will undergo GC/MS analysis. This second
stage of analysis will seek to confirm the presence of
the substance identified by the FPIA analysis. The
GC/MS analysis will utilize cut-off levels for each
substance that are different from the cut-off levels
utilized by the FPIA analysis.

5.

The methods and procedures used to analyze
specimens for these additional substances will differ
from the procedures outlined above.
Ordinarily, drug testing for the additional
substances listed above will be limited to specimens
collected based on reasonable suspicion. Agencies
wishing to conduct testing for these additional
substances on a more regular basis must contact the
Division of Criminal Justice and the State Toxicology
Laboratory.

When a specimen tests positive at the initial
screen and the confirmation analysis, a medical review
officer assigned to the State Toxicology Laboratory
will review the test results together with the
medication information form submitted for the
specimen. The medical review officer will seek to
determine whether any of the substances listed on the
form would explain the positive test result.

Reporting of Drug Test Results
The State Toxicology Laboratory will provide
written test results for every specimen submitted for
analysis. All efforts will be made to deliver these
reports within 15 working days of the submission.
Reports will be addressed to the contact person listed
on the specimen submission record. Positive test
results will be sent to the contact person by overnight
express mail.

Candidates for law enforcement employment are
not required to submit a medication information form
with their specimen. Therefore, if a candidate’s
specimen tests positive, the law enforcement agency,
following notification from the State Toxicology
Laboratory, must have the candidate complete the
medication information form. Once the form has been
completed, the agency is responsible for transmitting
the form to the Laboratory. A review of the form will
be conducted by the medical review officer as outlined
above.

In some cases, the State Toxicology Laboratory
will report that a specimen tested positive for a
particular substance and that the information on the
medication information form explains the test result.
For example, the Laboratory may report that a
specimen tested positive for barbiturates and that a
prescription medication listed on the form by the
officer explains the test result. At this point, it is the
responsibility of the submitting agency to determine
whether the officer had a valid prescription. Officers
who do not have a valid prescription are subject to
disciplinary action including termination by the
agency.

In addition to the testing outlined above,
specimens submitted to the State Toxicology
Laboratory may be tested for additional substances at
the request of the law enforcement agency submitting
the specimen. The State Toxicology Laboratory has
the ability through its own facilities as well as the
facilities of cooperating laboratories to arrange drug
testing for steroid abuse, as well as various "designer",
"club" or "rave" drugs including the following:
1.
2.
3.
4.

pill);
Lysergic acid diethylamide (aka LSD);

Under no circumstances, will the State
Toxicology Laboratory provide law enforcement
agencies with verbal reports of drug test results. In
addition, no individual or agency may ask the
Laboratory to conduct a second analysis of a specimen
that has already been analyzed by the Laboratory.

Methylenedioxymethamphetamine (aka MDMA,
Ecstasy, X, XTC);
Gamma-hydroxybutyrate (aka GHB, Grievous
Bodily Harm, G, Liquid Ecstasy);
Ketamine (aka Special K, Vitamin K, K);
Rohypnol (aka Roofies, Rophies, Forget-me
8

DCJ 7/15/01

Law Enforcement Drug Testing Manual
charged and, upon final disciplinary action, terminated
from employment as a law enforcement officer.

Consequences of a Positive Test Result
Applicants

The officer shall be reported to Central Drug
Registry maintained by the Division of State Police by
his or her employer. In addition, the officer shall be
permanently barred from future law enforcement
employment in New Jersey.

When an applicant tests positive for illegal drug
use, the applicant shall be immediately removed from
consideration for employment by the agency. In
addition, the applicant shall be reported to the Central
Drug Registry maintained by the Division of State
Police by the law enforcement agency to which the
individual applied. Any applicant who tests positive
will be precluded from consideration for future law
enforcement employment by any law enforcement
agency in New Jersey for a period of two years from
the date of the test.

Consequences of a Refusal to Submit to a
Drug Test
Applicants who refuse to submit to a drug test
during the pre-employment process shall be
immediately removed from consideration for law
enforcement employment and barred from
consideration for future law enforcement employment
for period of two years from the date of the refusal. In
addition, the appointing authority shall forward the
applicant's name to the Central Drug Registry and note
that the individual refused to submit to a drug test.

Where an applicant is currently employed by
another agency as a sworn law enforcement officer,
the officer's current employer shall be notified of the
positive test result. Under these circumstances, the
officer's current employer is required to dismiss the
officer from employment and also report his or her
name to the Central Drug Registry maintained by the
Division of State Police.

Trainees who refuse to submit to a drug test
during basic training shall be immediately removed
from the academy and immediately suspended from
employment. Upon a finding that the trainee did in
fact refuse to submit a sample, the trainee shall be
terminated from law enforcement employment and
permanently barred from future law enforcement
employment in New Jersey.
In addition, the
appointing authority shall forward the trainee's name
to the Central Drug Registry and note that the
individual refused to submit to a drug test.

Trainees
When a trainee tests positive for illegal drug use,
the trainee shall be immediately dismissed from basic
training subject to rules adopted by the Police Training
Commission. In addition, the trainee shall be
suspended from employment by his or her appointing
authority. Upon final disciplinary action by the
appointing authority, the trainee shall be terminated
from employment as a law enforcement officer, and be
reported to the Central Drug Registry. The trainee
shall be permanently barred from future law
enforcement employment in New Jersey.

In the event of a positive test result, the
submitting agency shall notify the officer of the results
as soon as practical after receipt of the report from the
State Toxicology Laboratory. Upon request, the
officer may receive a copy of the laboratory report.

Sworn law enforcement officers who refuse to
submit to a drug test ordered in response to reasonable
suspicion or random selection shall be immediately
suspended from employment. Upon a finding that the
officer did in fact refuse to submit a sample, the officer
shall be terminated from law enforcement employment
and permanently barred from future law enforcement
employment in New Jersey.
In addition, the
appointing authority shall forward the officer's name
to the Central Drug Registry and note that the
individual refused to submit to a drug test.

The officer shall be immediately suspended from
all duties. The officer shall be administratively

Please note that if there is no valid reason why an
officer cannot produce a specimen, the officer's actions

Sworn Law Enforcement Officers

9

DCJ 7/15/01

Law Enforcement Drug Testing Manual
will be treated as a refusal. In addition, a sworn law
enforcement officer who resigns or retires after
receiving a lawful order to submit a urine specimen for
drug testing and who does not provide the specimen
shall be deemed to have refused to submit to the drug
test.

Notifications to the Central Drug Registry shall
be sent to:
Division of State Police
Records and Identification Section
P.O. Box 7068
West Trenton, New Jersey 08628-0068

Central Drug Registry

Record Keeping

Every law enforcement agency shall notify the
Central Drug Registry maintained by the Division of
State Police of the identity of applicants, trainees and
sworn law enforcement officers who test positive for
the illegal use of drugs or who refuses an order to
submit to a drug test.

Each law enforcement agency's Internal Affairs
Unit shall maintain all records relating to the drug
testing of applicants, trainees and law enforcement
officers.
For all drug testing, the records shall include but
not be limited to:

A sworn law enforcement officer who tests
positive for illegal drug use or refuses to submit to a
drug test, and who resigns or retires in lieu of
disciplinary action or prior to the completion of final
disciplinary action, shall be reported by his or her
employer to Central Drug Registry and shall be
permanently barred from future law enforcement
employment in New Jersey.

1.
2.
3.
4.
5.

Notifications to the Central Drug Registry shall
be made on the form in Attachment E, and shall be
signed by the chief or director and notarized with a
raised seal. The following information shall be
included:

6.
7.
8.

the identity of those ordered to submit urine
samples;
the reason for that order;
the date the urine was collected;
the monitor of the collection process;
the chain of custody of the urine sample from the
time it was collected until the time it was received
by the State Toxicology Laboratory;
the results of the drug testing;
copies of notifications to the subject officer; and
for any positive result or refusal, appropriate
documentation of disciplinary action.

For random drug testing, the records will also
include the following information:

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

name and address of the submitting agency;
name of the individual who tested positive;
last known address of the individual;
date of birth;
social security number;
SBI number (if applicable);
gender
race
eye color
substance the individual tested positive for, or
circumstances of the refusal to submit a urine
sample;
11. date of the drug test or refusal;
12. date of final dismissal or separation from the
agency; and
13. whether the individual was an applicant, trainee
or sworn law enforcement officer.

9.
10.
11.
12.
13.

a description of the process used to randomly
select officers for drug testing;
the date selection was made;
a copy of the document listing the identities of
those selected for drug testing;
a list of those who were actually tested; and
the date(s) those officers were tested.

Drug testing records shall be maintained with the
level of confidentiality required for internal affairs
files pursuant to the New Jersey Internal Affairs Policy
and Procedures.

10

DCJ 7/15/01

ATTACHMENT A

DRUG TESTING
MEDICATION INFORMATION
As part of the drug testing process, it is essential that you inform us of all medications you have taken in
the last fourteen (14) days. Please carefully complete the information below.

T all that apply:
G

A. During the past 14 days I have taken the following medication prescribed by a physician:
Name of Medication

Prescribing Physician

Date Last Taken

1
2
3

G

B. During the past 14 days, I have taken the following non-prescription medications (cough medicine,
cold tablets, aspirin, diet medication, nutritional supplements, etc.)
Non-Prescription Medication

Date Last Taken

1
2
3

G

C. During the past 14 days, I have taken NO prescription or non-prescription medications.

Social Security Number & Initials

Date

Signature of Witness

Date

11

DCJ 7/15/01

ATTACHMENT B

New Jersey Law Enforcement Drug Testing
INSTRUCTIONS FOR USING THE DOX CONTAINER
1.

The individual being tested fills out the plastic label. USE A
NUMBER 2 PENCIL.
SOCIAL SECURITY NUMBER ONLY,
NO NAMES.

2.

The individual places the label inside the container, printed side
out.

3.

The individual being tested will void into the container after the label has been put inside the
container.

4.

Place the filled bottle on the table. Push cap into the bottle using
the palm of the hand, until it snaps into place.

5.

Monitor must check the temperature tape. A reading between 90º
and 100º F is acceptable.

CAUTION: The DOX Specimen Container System when used in collecting human urine for
drugs of abuse testing is intended for invitro diagnostic use or for professional use only. Human
urine samples should be handled and processed as though they are potentially infectious.

12

DCJ 7/15/01

ATTACHMENT C

STATE OF NEW JERSEY
STATE TOXICOLOGY LABORATORY
EDWIN H. ALBANO INSTITUTE OF FORENSIC SCIENCE
325 NORFOLK STREET
NEWARK, NEW JERSEY 07103-2710

(973) 648-3915

SPECIMEN SUBMISSION RECORD

Submitting Agency:
Address:
Phone:

Fax:

Agency Contact Person:
PLEASE TEST THE URINE SPECIMENS LISTED BELOW FOR THE PRESENCE OF DRUGS.
Check One:
Sequential
Specimen #

Delivered By:

“ Applicants

“ Trainees

“ Officers

Social Security #

Received By:

“ Random
Tox Case #

Date & Time:

Print
Page (

) of ( )

Signature

13

DCJ 7/15/01

ATTACHMENT D

Norfolk Street

Directions to

UMDNJ

IFS
South Orange
Avenue

State Toxicology Laboratory
Edwin H. Albano Institute of Forensic Science (IFS)
325 Norfolk Street
Newark, New Jersey
973-648-3915
From Garden State Parkway North:
1.
Take Exit 144, South Orange Avenue.
2.
Make a right on South Orange Avenue.
3.
Continue about 25 blocks to intersection at Bergen Street (UMDNJ campus is on left.)
4.
Continue down South Orange Avenue past traffic light to driveway on left before two story brick building
(IFS).
From Garden State Parkway South:
1.
Take Exit 145, East Orange.
2.
Take I-280 East to first exit (Newark).
3.
Make a right on First Street. This becomes Bergen Street.
4.
Continue to fifth traffic light at South Orange Avenue.
5.
Make a left.
6.
Continue down South Orange Avenue past traffic light to driveway on left before two story brick building
(IFS).
From New Jersey Turnpike North:
1.
Take Exit 14, Newark.
2.
After toll plaza, take I-78 West (express or local).
3.
Take Exit 56, Hillside Avenue.
4.
Continue on Hillside Avenue to end at Avon Avenue.
5.
Make left on Avon Avenue.
6.
Continue one block to traffic light on Irvine Turner Blvd.
7.
Make right on Irvine Turner Blvd. (which becomes Jones St.) and continue to traffic light at South Orange
Avenue.
8.
Turn left and enter first driveway on right behind two story brick building (IFS).
From New Jersey Turnpike South:
1.
Take Exit 15W to I-280 West to Exit 14B, Clifton Avenue.
2.
At the traffic light, make a left.
3.
Continue on Clifton Avenue to eighth traffic light at South Orange Avenue and Norfolk Street.
4.
Turn right and enter first driveway on right behind two story brick building (IFS).

14

DCJ 7/15/01

ATTACHMENT E
NOTIFICATION TO THE CENTRAL DRUG REGISTRY
AGENCY SUBMITTING
AGENCY

PHONE

ADDRESS

CITY

STATE

CONTACT PERSON

TITLE

PHONE

ZIP

PERSON TO BE ENTERED
NAME

GENDER

G
G

THIS PERSON WAS:

G
G

APPLICANT
SWORN OFFICER - RANDOM

RACE

EYE COLOR

TRAINEE
SWORN OFFICER - REASONABLE SUSPICION

ADDRESS

CITY

STATE

DOB

SSN

ZIP

SBI NUMBER (IF KNOWN)

REASON FOR NOTIFICATION
THE PERSON LISTED ABOVE

G TESTED POSITIVE FOR ______________________________________________
(IDENTIFY SUBSTANCE)
OR

G

REFUSED TO SUBMIT A URINE SAMPLE

DATE OF THE DRUG TEST OR REFUSAL

DATE OF FINAL DISMISSAL OR SEPARATION FROM AGENCY

CERTIFICATION (Must be completed by Chief or Director. Must be notarized with raised seal)
I hereby affirm that the above information is true and correct to the best of my knowledge.
___________________________________________
Print Name
Title

_________________________________________
Signature

Sworn and subscribed before me this ___________ day of _____________________, __________
(Seal)

____________________________________
(6/01)

Mail to:

Division of State Police
Records and Identification Section
P.O. Box 7068
West Trenton, New Jersey 08628-0068

Attorney General's Law Enforcement Drug Testing Policy

DRUG TESTING
Attorney General's Law Enforcement Drug Testing Policy
Issued October 1986
Revised August 1990
Revised September 1998
Revised June 2001
Revised May 2012
(revisions in BOLD and UNDERLINED)

I.

Applicability
A.

This policy applies to:
1.

Applicants for a position as a law enforcement officer who, if appointed,
will be responsible for the enforcement of the criminal laws of this State
and will be authorized to carry a firearm under N.J.S.A. 2C:39-6;

2.

Law enforcement officer trainees subject to the Police Training Act while
they attend a mandatory basic training course; and

3.

Sworn law enforcement officers who are responsible for the enforcement
of the criminal laws of this State, come under the jurisdiction of the Police
Training Act and are authorized to carry a firearm under N.J. S.A. 2C:39-

6.
B.

II.

This policy does not require law enforcement agencies to drug test applicants,
nor does it require law enforcement agencies to implement a random drug
testing program for sworn officers. However, law enforcement agencies have an
independent obligation to undertake the drug testing of individual officers when
there is reasonable suspicion to believe that the officer is illegally using drugs.

Types of drug testing

A.

Applicants for a position as a law enforcement officer
1.

B.

Applicants may be required to submit a urine specimen at any time prior
to appointment.

Law enforcement trainees
1.

Trainees will be required to submit one or more urine specimens for
testing while they attend a mandatory basic training course. All drug
testing conducted during mandatory basic training will comply with rules
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Attorney General's Law Enforcement Drug Testing Policy
and regulations established by the Police Training Commission.
2.

C.

111.

Individual trainees may also be required to submit a urine specimen for
testing when there exists reasonable suspicion to believe that the trainee
is illegally using drugs. A trainee shall be ordered to submit to a drug test
based on reasonable suspicion only with the approval of the county
prosecutor, the chief executive officer of the trainee's agency, or the
academy director.

Sworn law enforcement officers
1.

Urine specimens shall be ordered from a sworn law enforcement officer
when there exists reasonable suspicion to believe that the officer is
illegally using drugs. Urine specimens shall not be ordered from an
officer without the approval of the county prosecutor or the chief
executive officer of the officer's agency.

2.

Urine specimens may be ordered from sworn law enforcement officers
who have been randomly selected to submit to a drug test. Random
selection shall be defined as a method of selection in which each and
every sworn member of the law enforcement agency, regardless of rank
or assignment, has an equal chance to be selected for drug testing each
and every time a selection is conducted .

3.

Urine specimens may be collected from law enforcement officers during a
regularly scheduled and announced medical examination or a fitness for
duty examination. However, the collection and analysis of these
specimens are not governed by this policy.

Notification of drug testing procedures
A.

Applicants
1.

Agencies that choose to test applicants for law enforcement positions
must notify those applicants that the pre-employment process will include
drug testing . The notification will also indicate that a negative result is a
condition of employment and that a positive result will: a) result in the
applicant being dropped from consideration for employment; b) cause the
applicant's name to be reported to the central drug registry maintained by
the Division of State Police; and c) preclude the applicant from being
considered for future law enforcement employment for a period of two
years from the date of the drug test. In addition, the notification will
indicate that if the applicant is currently employed by another agency as a
sworn law enforcement officer and the officer tests positive for illegal drug
use, the officer's employing agency will be _notified of the test results and
the officer will be terminated from employment and permanently barred

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Attorney General's Law Enforcement Drug Testing Policy
from future law enforcement employment in New Jersey.
B.

C.

Trainees
1.

All newly appointed law enforcement officers shall be informed that drug
testing is mandatory during basic training. Newly appointed officers shall
also be informed that a negative result is a condition of employment and
that a positive result will result in: a) the officer's termination from
employment: and b) inclusion of the officer's name in the central drug
registry maintained by the Division of State Police: and c) the officer
being permanently barred from future law enforcement employment in
New Jersey.

2.

Newly appointed officers shall be further informed that the refusal to
submit to a drug test shall result in their dismissal from employment and
a permanent ban from future law enforcement employment in New
Jersey.

3.

Each police academy will include in its rules and regulations a provision
implementing drug testing during basic training .

Sworn law enforcement officers: reasonable suspicion testing
1.

Each municipal law enforcement agency shall include in its rules and
regulations as defined in N.J.S.A. 40A:14-118, and every county and
state law enforcement agency shall include in appropriate standard
operating procedures, a provision that individual law enforcement officers
will be ordered to submit to a drug test when there is a reasonable
suspicion to believe that the officer is illegally using drugs.

2.

Before an officer may be ordered to submit to a drug test based on
reasonable suspicion, the agency shall prepare a written report which
documents the basis for the reasonable suspicion. The report shall be
reviewed by the county prosecutor or the chief executive officer of the law
enforcement agency before a reasonable suspicion test may be ordered.
Under emergent circumstances, approval may be given for a reasonable
suspicion test on the basis of a verbal report.

3.

The agency's rules and regulations or appropriate standard operating
procedures shall also provide that a negative result is a condition of
employment as a sworn officer and that a positive result will result in: a)
the officer's termination from employment; b) inclusion of the officer's
name in the central drug registry maintained by the Division of State
Police: and c) the officer being permanently barred from future law
enforcement employment in New Jersey.

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Attorney General's Law Enforcement Drug Testing Policy
4.

D.

The agency's rules and regulations or appropriate standard operating
procedures shall further provide that officers who refuse to submit to a
drug test based on reasonable suspicion after being lawfully ordered to
do so are subject to the same penalties as those officers who test
positive for the illegal use of drugs. A sworn law enforcement officer who
resigns or retires after receiving a lawful order to submit a urine specimen
for drug testing and who does not provide the specimen shall be deemed
to have refused to submit to the drug test.

Sworn law enforcement officers: Random drug testing
1.

Law enforcement agencies may choose to implement a random drug
testing program for their sworn law enforcement officers. Law
enforcement agencies which establish a random drug testing program
must do so by rule and regulation as defined in N.J.S.A 40A: 14-118 for
municipal law enforcement agencies or by appropriate standard operating
procedures for county and state law enforcement agencies. Random
drug testing cannot be implemented until rules and regulations
establishing such a procedure have been in effect for a minimum of 60
days.

2.

Each agency's rules and regulations or appropriate standard operating
procedures will, at a minimum:
a.

State that all sworn members of the agency are eligible for
random drug testing, regardless of rank or assignment.

b.

State the number of officers to be selected each time a random
selection takes place. This can be expressed as either a number
of sworn officers or a percentage of the sworn officers, which in
every case shall be less than the total number of sworn officers
employed by the agency.

c.

Establish a method of random selection which ensures that every
sworn officer in the agency has an equal chance to be selected
for a testing each and every time a selection takes place.

d.

Establish a system by which the selection process can be verified
and documented.

e.

Permit a representative of the collective bargaining unit(s) to
witness the selection process.

f.

Provide that any member of the agency who discloses the identity
of an officer selected for random testing or the fact that a random
selection is scheduled to take place prior to the collection of urine

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Attorney General's Law Enforcement Drug Testing Policy
specimens shall be subject to discipline.

IV.

g.

Establish a system to collect urine specimens from selected
officers in a prompt, efficient and confidential manner.

h.

The agency's rules and regulations or appropriate standard
operating procedures shall further provide that officers who refuse
to submit to a drug test when randomly selected are subject to the
same penalties as those officers who test positive for the illegal
use of drugs." A sworn law enforcement officer who resigns or
retires after receiving a lawful order to submit a urine specimen for
drug testing and who does not provide the specimen shall be
deemed to have refused to submit to the drug test.

Specimen acquisition procedures
A.

Preliminary acquisition procedures
1.

The law enforcement agency shall designate a member of its staff to
serve as monitor of the specimen acquisition process. The monitor shall
always be of the same sex as the individual being tested. In the event
there is no member of the same sex available from the agency collecting
the specimens, the agency may request that a member of the same sex
from another law enforcement agency serve as monitor of the process.

2.

The monitor of the specimen acquisition process shall be responsible for:

3.

a.

Ensuring that all documentation is fully and accurately completed
by the individual submitting the specimen.

b.

Collecting specimens in a manner that provides for individual
privacy while ensuring the integrity of the specimen.

c.

Complying with chain of custody procedures established for the
collection of urine specimens and their subsequent submission to
the New Jersey State Toxicology Laboratory within the Division of
Criminal Justice for analysis.

Prior to the submission of a specimen, an applicant for a law enforcement
position shall execute a form consenting to the collection and analysis of
their urine for illegal drugs. (Attachment A) The form shall also advise
the applicant that a negative result is a condition of employment and that
a positive result will: a) result in the applicant being dropped from
consideration for employment; b) cause the applicant's name to be
reported to the central drug registry maintained by the Division of State

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Attorney General's Law Enforcement Drug Testing Policy
Police; and c) preclude the applicant from being considered for future
law enforcement employment for a period of two years. Applicants shall
not complete a medical questionnaire (Attachment B) prior to the
subm ission of a specimen unless they have already received a
conditional offer of employment. However, applicants who have not
received a conditional offer of employment can be required to complete a
medical questionnaire if, following the submission of their specimen to the
State Toxicology Laboratory for analysis, the law enforcement agency
receives a report indicating that the specimen tested positive for a
controlled substance.

B.

4.

Prior to the submission of a urine specimen, a trainee enrolled in a basic
training course shall execute a form (Attachment C) advising the trainee
that a negative result is a condition of employment and that a positive
result will: a) result in the trainee being dismissed from basic training; b)
cause the trainee to be dismissed from employment as a law
enforcement officer by his or her appointing authority; c) cause the
trainee's name to be reported to the central drug registry maintained by
the Division of State Police; and d) cause the trainee to be permanently
barred from future law enforcement employment in New Jersey. The
form shall also advise trainees that the refusal to participate in the test
process carries the same penalties as testing positive. Trainees shall
also complete a medical questionnaire (Attachment B) which clearly
describes all medications, both prescription and over-the-counter (nonprescription), that were ingested in the past 14 days.

5.

Prior to the submission of a urine specimen, sworn law enforcement
officers shall complete a medical questionnaire (Attachment B) which
ciearty describes all medications, both prescription and over-the-counter
(non-prescription), that were ingested in the past 14 days.

Specimen collection
1.

Throughout the test process, the identity of individual applicants, trainees
and sworn law enforcement officers shall remain confidential. Individual
specimens shall be identified throughout the process by the use of social
security numbers. At no time shall an individual's name appear on any
form or specimen container sent to the State Toxicology Laboratory.

2.

Specimens will be collected utilizing equipment and supplies approved by
the State Toxicology Laboratory. Under no circumstances may a
specimen be collected and submitted for analysis in a specimen
container that has not been approved by the State Toxicology Laboratory.

3.

Urine specimens will be acquired and processed in accordance with
procedures established by the State Toxicology Laboratory.

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Attorney General's law Enforcement Drug Testing Policy
a.

After the monitor has inspected the appropriate forms for
accuracy, the applicant, trainee or sworn officer shall void into the
specimen collection container.

b.

After a specimen has been produced, the individual shall seal the
specimen container and deliver it to the monitor.

c.

Once the monitor is satisfied that the required documentation is
accurate and he or she has inspected the specimen container to
determine that a specimen has been produced, the monitor shall
take possession of the specimen and ensure that it is delivered to
the State Toxicology laboratory for analysis.

4.

Individuals will void without the direct observation of the monitor unless
there is reason to believe that the individual will adulterate the specimen
or otherwise compromise the integrity of the test process. Under these
circumstances, the production of a specimen may be directly observed by
the monitor. law enforcement agencies must document the facts
underlying their belief that an individual may adulterate a specimen or
compromise the integrity of the test process.

5.

Individuals that initially are unable to produce a urine specimen may
remain under the supervision of the test monitor until the monitor is
satisfied that the individual cannot produce a specimen. While the
individual is under supervision, the monitor may allow the individual to
drink fluids in an attempt to induce the production of a specimen. If the
individual remains unable to provide a specimen after a reasonable
period of time, the monitor may have the individual examined by a doctor
to determine whether the inability to produce a specimen was the result
of a medical or physical infirmity or constituted a refusal to cooperate with
the drug testing process.

6.

Trainees and sworn law enforcement officers shall have the option to
provide the monitor with a second urine specimen at the same time the
first specimen is collected.
a.

The second specimen shall be collected in the same fashion as
the first specimen. The monitor shall take possession of the
second specimen and place it in a secured refrigerated storage
area.

b.

The law enforcement agency shall maintain possession of the
second specimen for a period of 60 days or until the agency
receives notification from the State Toxicology Laboratory that the
first specimen tested negative for the presence of .controlled
substances.

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Attorney General's Law Enforcement Drug Testing Policy
c.

V.

The second specimen shall be released by the law enforcement
agency under the following circumstances:
(1)

The law enforcement agency is notified by the State
Toxicology Laboratory that the first specimen tested
positive for a controlled substance; and

(2)

The law enforcement agency is informed by the individual
whose specimen tested positive that the individual wishes
to have the specimen independently tested; and

(3)

The officer must designate a laboratory that is licensed as
a clinical laboratory by the New Jersey Department of
Health under the New Jersey Clinical Laboratory
Improvement Act to conduct the independent test; and

(4)

A representative of the licensed clinical laboratory
designated by the individual takes possession of the
second specimen in accordance with accepted chain of
custody procedures within 60 days of the date the
specimen was produced.

Submission of specimens for analysis
A.

The New Jersey State Toxicology Laboratory within the Division of Criminal
Justice will constitute the sole facility for the analysis of law enforcement drug
tests. Law enforcement agencies are not permitted to use any other facility or
laboratory for purposes of analyzing urine specimens.

B.

Urine specimens should be submitted to the State Toxicology Laboratory as
soon as possible after their collection. In the event a specimen cannot be
submitted to the laboratory within one working day of its collection, the law
enforcement agency shall store the specimen in a controlled access refrigerated
storage area until submission to the State Toxicology Laboratory.
1.

Submission of specimens to the State Toxicology Laboratory may be
accomplished by personnel from the law enforcement agency or
commercial courier.

2.

Should a law enforcement agency choose to have specimens delivered to
the State Toxicology Laboratory by commercial courier, the following
procedural safeguards must be taken:
a.

All submissions must be by "next day delivery."

b.

In addition to the sealed container, all submissions must be

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Attorney General's Law Enforcement Drug Testing Policy
packaged in a manner that includes two additional seals to
provide for the integrity of the test specimens.
c.

VI.

The State Toxicology Laboratory must reject specimens that it has
reason to believe have been subject to tampering.

Analysis of specimens
A.

The State Toxicology Laboratory will utilize the following test procedures to
analyze urine specimens for law enforcement agencies:
1.

All specimens will be subject to an initial test utilizing fluorescence
polarization immunoassay analysis.

2.

Those specimens that lest positive for a controlled substance following
the fluorescence polarization immunoassay, shall be subject to a gas
chromatography/mass spectrophotometry analysis lo confirm the
presence of the controlled substance.

3.

In the event a specimen is confirmed lo be positive for a controlled
substance following the gas chromatography/mass spectrophotometry, a
medical review officer at the laboratory shall compare the test results with
the medical questionnaire submitted with the specimen to determine
whether any substance listed on the questionnaire would explain the test
result. The medical review officer may direct the agency that collected
the specimen to obtain further information from the individual being
tested concerning the medications listed on the questionnaire. In the
event the questionnaire does not explain the test result, the medical
review officer shall issue a report indicating that specimen tested positive.

4.

The Slate Toxicology Laboratory shall analyze each specimen for the
following substances and their metabolites:
a.

amphelamine/methamphelamine;

b.

barbiturates;

c.

benzodiazepine;

d.

cannabinoids;

e.

cocaine;

f.

methadone;

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Attorney General's Law Enforcement Drug Testing Policy

VII .

VIII.

g.

phencyclidine; and

h.

opiates.

5.

Every law enforcement executive may request that one or more
specimens be analyzed for the presence of sterojds.

6.

The analysis of each specimen shall be done in accordance procedures
adopted by the State Toxicology Laboratory. These procedures shall
include but not be limited to security of the test specimens, chain of
custody, metabolite cut-off levels and the issuance of test reports.

Drug test results
A.

The State Toxicology Laboratory shall notify the submitting law enforcement
agency of test results from the specimens submitted for analysis. All reports
shall be in writing and sent to the agency within 15 working days of the
submission.

B.

The State Toxicology Laboratory shall not report a specimen as having tested
positive for a controlled substance until the specimen has undergone a
confirmatory test and the medical review officer has reviewed the results of that
test with the medical questionnaire pertinent to that specimen.

C.

The submitting agency shall notify the applicant, trainee or sworn officer of the
results of a positive test result as soon as practical after receipt of the report
from the State Toxicology Laboratory. Upon request, the individual may receive
a copy of the laboratory report.

D.

Under no circumstances may an agency or an individual resubmit a specimen for
testing or ask that a particular specimen within the possession of the State
Toxicology Laboratory be retested.

Consequences of a positive test result
A.

When an applicant tests positive for illegal drug use:
1.

The applicant shall be immediately removed from consideration for
employment by the agency;

2.

The applicant shall be reported to the Central Drug Registry maintained
by the Division of State Police by the law enforcement agency to which
the individual applied; and

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.. ···-· ·-

·-··· ..·--· ........... .............. ..

....... ................. .. ·-···- ·-·--

Attorney General's Law Enforcement Drug Testing Policy

B.

C.

IX.

3.

The applicant shall be precluded from consideration for future law
enforcement employment by any law enforcement agency in New Jersey
for a period of two years.

4.

Where the applicant is currently employed by another agency as a sworn
law enforcement officer, the officer's current employer shall be notified of
the positive test result. Under these circumstances, the officer's current
employer is required to dismiss the officer from employment and also
report his or her name to the Central Drug Registry maintained by the
Division of State Police.

When a trainee tests positive for illegal drug use, subject to rules adopted by the
Police Training Commission:
1.

The trainee shall be immediately dismissed from basic training and
suspended from employment by his or her appointing authority;

2.

The trainee shall be terminated from employment as a law enforcement
officer, upon final disciplinary action by the appointing authority;

3.

The trainee shall be reported to the Central Drug Registry maintained by
the Division of State Police; and

4.

The trainee shall be permanently barred from future law enforcement
employment in New Jersey.

When a sworn law enforcement officer tests positive for illegal drug use:
1.

The officer shall be immediately suspended from all duties;

2.

The officer shall be terminated from employment as a law enforcement
officer, upon final disciplinary action;

3.

The officer shall be reported by his or her employer to Central Drug
Registry maintained by the Division of State Police; and

4.

The officer shall be permanently barred from future law enforcement
employment in New Jersey.

Consequences of a refusal to submit to a drug test
A.

Applicants who refuse to submit to a drug test during the pre-employment
process shall be immediately removed from consideration for law enforcement
employment and barred from consideration for future law enforcement
employment for period of two years from the date of the refusal. In addition, the
appointing authority shall forward the applicant's name to the Central Drug
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Attorney General's Law Enforcement Drug Testing Policy
Registry and note that the individual refused to submit to a drug test.
B.

Trainees who refuse to submit to a drug test during basic training shall be
immediately removed from the academy and immediately suspended from
employment. Upon a finding that the trainee did in fact refuse to submit a
sample, the trainee shall be terminated from law enforcement employment and
permanently barred from future law enforcement employment in New Jersey. In
addition, the appointing authority shall forward the trainee's name to the Central
Drug Registry and note that the individual refused to submit to a drug test.

C.

Sworn law enforcement officers who refuse to submit to a drug test ordered in
response to reasonable suspicion or random selection shall be immediately
suspended from employment. Upon a finding that the officer did in fact refuse to
submit a sample, the officer shall be terminated from law enforcement
employment and permanently barred from future law enforcement employment
in New Jersey. In addition, the appointing authority shall forward the officer's
name to the Central Drug Registry and note that the individual refused to submit
to a drug test.

X.

A sworn law enforcement officer who tests positive for illegal drug use or refuses to
submit to a drug test, and who resigns or retires in lieu of disciplinary action or prior to
the completion of final disciplinary action, shall be reported by his or her employer to
Central Drug Registry and shall be permanently barred from future law enforcement
employment in New Jersey.

XI.

Record keeping
A.

Each law enforcement agency's Internal Affairs Unit shall maintain all records
relating to the drug testing of applicants, trainees and law enforcement officers.

B.

Each agency's drug testing records shall include but not be limited to:
1.

For all drug testing:
a.

the identity of those ordered to submit urine samples;

b.

the reason for that order;

c.

the date the urine was collected;

d.

the monitor of the collection process;

e.

the chain of custody of the urine sample from the time it was
collected until the time it was received by the State Toxicology
Laboratory;

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Attorney General's Law Enforcement Drug Testing Policy

2.

C.

XI I.

f.

the results of the drug testing;

g.

copies of notifications to the subject;

h.

for any positive result, documentation from the officer's
physician that the medication was lawfully prescribed and
does not render the officer unfit for duty;

i.

for any positive result or refusal, appropriate documentation of
disciplinary action.

For random drug testing, the records will also include the following
information:
a.

a description of the process used to randomly select officers for
drug testing;

b.

the date selection was made;

c.

a copy of the document listing the identities of those selected for
drug testing;

d.

a list of those who were actually tested; and

e.

the date(s) those officers were tested.

Drug testing records shall be maintained with the level of confidentiality required
for internal affairs files pursuant to the New Jersey Internal Affairs Policy and
Procedures.

Central Drug Registry

A.

Every law enforcement agency shall notify the Central Drug Registry maintained
by the Division of State Police of the identity of applicants, trainees and sworn
law enforcement officers who test positive for the illegal use of drugs or refuses
an order to submit a urine sample on the form prescribed in Attachment D.

B.

Notifications to the Central Drug Registry shall include the following information
as to each individual:
1.

name and address of the submitting agency, and contact person;

2.

name of the individual who tested positive;

3.

last known address of the individual;

4.

date of birth;

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Attorney General's Law Enforcement Drug Testing Policy
5.

social security number;

6.

SBI number (if known);

7.

Gender

8.

Race

9.

Eye color

10.

substance the individual tested positive for, or circumstances of the
refusal to submit a urine sample;

11.

date of the drug test or refusal;

12.

date of final dismissal or separation from the agency; and

13.

whether the individual was an applicant, trainee or sworn law
enforcement officer.

C.

The certification section of the notification form must be completed by the chief
or director, and notarized with a raised seal.

D.

Notifications to the central registry shall be sent to:
Division of State Police
State Bureau of Identification
Central Drug Registry
P.O. Box 7068
West Trenton, New Jersey 08628--0068

E.

Infonnation contained in the central registry may be released by the Division of
State Police only under the following circumstances:
1.

In response to an inquiry from a criminal justice agency as part of the
background investigation process for prospective or new personnel.

2.

In response to a court order.

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Attorney General's Law Enforcement Drug Testing Policy
ATTACHMENT A
DRUG TESTING
APPLICANT NOTICE AND ACKNOWLEDGMENT
I,
, understand that as part of the pre-employment process, the
- - - - - - - - - - - -- - - - - will conduct a comprehensive background
investigation to determine my suitability for the position for which I have applied.
I understand that as part of this process, I will undergo drug testing through urinalysis.
I understand that a negative drug test result is a condition of employment.
I understand that if I refuse to undergo the testing, I will be rejected for employment.
I understand that if I produce a positive test result for illegal drug use, I will be rejected for
employment.
I understand that if I produce a positive test result for illegal drug use, that information will be
forwarded to the Central Drug Registry maintained by the Division of State Police. Information from
that registry can be made available by court order or as part of a confidential investigation relating to
employment with a criminal justice agency.
I understand that if I produce a positive test result for illegal drug use and am not currently employed
as a sworn law enforcement officer, I will be barred from future law enforcement employment in New
Jersey for two years from the date of the test, After this two year period, the positive test result may
be considered in evaluating my fitness for future criminal justice employment.
I understand that if I am currently employed as a sworn law enforcement officer and I produce a
positive test result for illegal drug use. my current law enforcement employer will be notified of the
positive test result. In addition, I will be dismissed from my law enforcement position and I will be
permanently barred from law enforcement employment.
I have read and understand the information contained on this "Applicant Notice and
Acknowledgment" form . I agree to undergo drug testing through urinalysis as part of the preemployment process.

Signature of Applicant

Signature of Witness

Date

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Attorney General's Law Enforcement Drug Testing Policy
ATIACHMENTB
DRUG TESTING
MEDICATION INFORMATION
As part of the drug testing process, it is essential that you inform us of all medications you have
taken in the last fourteen (14) days. Please carefully complete the information below.
. / all that apply:

0

During the past 14 days I have taken the following medication prescribed by a
physician:

A.

Name of Medication

Prescribing Physician

Date Last Taken

1

2

3

0

B.

During the past 14 days, I have taken the following non-prescription medications
(cough medicine, cold tablets, aspirin, diet medication, nutritional supplements,
etc.)
Non-Prescription Medication

Date.Last Taken

1

2

3

0

C.

During the past 14 days, I have taken NO prescription or non-prescription
medications.

Social Security Number & Initials

Dale

Signature of Witness

Date

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Attorney General's Law Enforcement Drug Testing Policy
ATIACHMENTC
DRUG TESTING
TRAINEE NOTICE AND ACKNOWLEDGMENT
I, - - - - - - - - - - - - - · understand that as part of the program of training at
- - - - - - - - - - - - - - - - - , I will undergo unannounced drug testing by
urinalysis during the training period.
I understand that a negative result is a condition of my continued attendance at the academy.
I understand that I can refuse to undergo the testing. I understand that if I refuse. I will be
dismissed from the academy and from my law enforcement position.
I understand that if I produce a positive test result for illegal drug use, I will be dismissed from the
academy.
I understand that if I produce a positive test result for illegal drug use, the academy will notify my
employer of the positive test result. In addition, I will be permanently dismissed from my law
enforcement position.
I understand that if I produce a positive test result for illegal drug use, that information will be
forwarded to the Central Drug Registry maintained by the Division of State Police. Information from
that registry can be made available by court order or as part of a confidential investigation relating to
employment with a criminal justice agency.
I understand that if I produce a positive test result for illegal drug use, I will be permanently barred
from serving as a law enforcement officer in New Jersey.
l have read and I understand the information contained on this "Trainee Notice and
Acknowledgment" form . I agree to undergo drug testing through urinalysis as part of the academy
training program.

Signature of Applicant

Signature of Witness

Date

17

Date

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ATTACHMENT D
NOTIFICATION TO THE CENTRAL DRUG REGISTRY
Tvoo or Print
AGENCY SUBMITTING
AGENCY

PHONE

ADDRESS

CIT't

STATE

COHTACT PERSON

nn.e

PHONE

ZJP

PERSON TO BE ENTERED
LAST NAME

FIRST NAME

008

GENDER

INITIAL

SSN

0
0

THIS PERSON WAS·

RACE

EVE COLOR

SOI NUM BER QF KNOWN)

0
0

APPIJCANT
$\roORN OFFICER· RANDOM

TRAINEE

SlroORN OFFICER • REASONASUE SUSPICION

ADDRESS

CITY

STATE

ZIP

REASON FOR NOTIFICATION
THE PERSON USTED ABOVE

0

TESTED POSmVE FOR
QDENTIFV SUBSTANCE)

OR

0

REFUSED TO SUBMIT A URINE SAMPLE

DATE OF THE DRUG TEST OR REFUSAL

DATE OF FINAL DISMISSAL OR SEPARATION FROM AGENCY

CERTIFICATION (Must be completed by Chief or Director. Must be notarized with raised seal.)
I hereby affirm that the above information is true and correct lo the best of my knowledge.

Print Name

Tille

Sworn and subscribed before me this

Signature
day of

(Seal)
(ll/01)

Mail to:

Division of State Police
Records and Identification Section
P.O. Box 7068
West Trenton, New Jersey 08628-0068

DRUG TESTING
Attorney General's Law Enforcement Drug Testing Policy
Issued October 1986
Revised August 1990
Revised September 1998
Revised June 2001

I.

Applicability
A.

B.

II.

This policy applies to:
1.

Applicants for a position as a law enforcement officer who, if appointed,
will be responsible for the enforcement of the criminal laws of this State
and will be authorized to carry a firearm under N.J.S.A. 2C:39-6;

2.

Law enforcement officer trainees subject to the Police Training Act while
they attend a mandatory basic training course; and

3.

Sworn law enforcement officers who are responsible for the enforcement
of the criminal laws of this State, come under the jurisdiction of the Police
Training Act and are authorized to carry a firearm under N.J.S.A. 2C:396.

This policy does not require law enforcement agencies to drug test applicants,
nor does it require law enforcement agencies to implement a random drug
testing program for sworn officers. However, law enforcement agencies have an
independent obligation to undertake the drug testing of individual officers when
there is reasonable suspicion to believe that the officer is illegally using drugs.

Types of drug testing
A.

Applicants for a position as a law enforcement officer
1.

B.

Applicants may be required to submit a urine specimen at any time prior
to appointment.

Law enforcement trainees
1.

Trainees will be required to submit one or more urine specimens for
testing while they attend a mandatory basic training course. All drug
testing conducted during mandatory basic training will comply with rules
and regulations established by the Police Training Commission.

2.

Individual trainees may also be required to submit a urine specimen for
testing when there exists reasonable suspicion to believe that the trainee
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Attorney General's Law Enforcement Drug Testing Policy
is illegally using drugs. A trainee shall be ordered to submit to a drug test
based on reasonable suspicion only with the approval of the county
prosecutor, the chief executive officer of the trainee's agency, or the
academy director.
C.

III.

Sworn law enforcement officers
1.

Urine specimens shall be ordered from a sworn law enforcement officer
when there exists reasonable suspicion to believe that the officer is
illegally using drugs. Urine specimens shall not be ordered from an
officer without the approval of the county prosecutor or the chief
executive officer of the officer's agency.

2.

Urine specimens may be ordered from sworn law enforcement officers
who have been randomly selected to submit to a drug test. Random
selection shall be defined as a method of selection in which each and
every sworn member of the law enforcement agency, regardless of rank
or assignment, has an equal chance to be selected for drug testing each
and every time a selection is conducted.

3.

Urine specimens may be collected from law enforcement officers during a
regularly scheduled and announced medical examination or a fitness for
duty examination. However, the collection and analysis of these
specimens are not governed by this policy.

Notification of drug testing procedures
A.

Applicants
1.

B.

Agencies that choose to test applicants for law enforcement positions
must notify those applicants that the pre-employment process will include
drug testing. The notification will also indicate that a negative result is a
condition of employment and that a positive result will: a) result in the
applicant being dropped from consideration for employment; b) cause the
applicant's name to be reported to the central drug registry maintained by
the Division of State Police; and c) preclude the applicant from being
considered for future law enforcement employment for a period of two
years from the date of the drug test. In addition, the notification will
indicate that if the applicant is currently employed by another agency as a
sworn law enforcement officer and the officer tests positive for illegal drug
use, the officer's employing agency will be notified of the test results and
the officer will be terminated from employment and permanently barred
from future law enforcement employment in New Jersey.

Trainees

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C.

1.

All newly appointed law enforcement officers shall be informed that drug
testing is mandatory during basic training. Newly appointed officers shall
also be informed that a negative result is a condition of employment and
that a positive result will result in: a) the officer's termination from
employment; and b) inclusion of the officer's name in the central drug
registry maintained by the Division of State Police; and c) the officer
being permanently barred from future law enforcement employment in
New Jersey.

2.

Newly appointed officers shall be further informed that the refusal to
submit to a drug test shall result in their dismissal from employment and
a permanent ban from future law enforcement employment in New
Jersey.

3.

Each police academy will include in its rules and regulations a provision
implementing drug testing during basic training.

Sworn law enforcement officers: reasonable suspicion testing
1.

Each municipal law enforcement agency shall include in its rules and
regulations as defined in N.J.S.A. 40A:14-118, and every county and
state law enforcement agency shall include in appropriate standard
operating procedures, a provision that individual law enforcement officers
will be ordered to submit to a drug test when there is a reasonable
suspicion to believe that the officer is illegally using drugs.

2.

Before an officer may be ordered to submit to a drug test based on
reasonable suspicion, the agency shall prepare a written report which
documents the basis for the reasonable suspicion. The report shall be
reviewed by the county prosecutor or the chief executive officer of the law
enforcement agency before a reasonable suspicion test may be ordered.
Under emergent circumstances, approval may be given for a reasonable
suspicion test on the basis of a verbal report.

3.

The agency's rules and regulations or appropriate standard operating
procedures shall also provide that a negative result is a condition of
employment as a sworn officer and that a positive result will result in: a)
the officer's termination from employment; b) inclusion of the officer's
name in the central drug registry maintained by the Division of State
Police; and c) the officer being permanently barred from future law
enforcement employment in New Jersey.

4.

The agency's rules and regulations or appropriate standard operating
procedures shall further provide that officers who refuse to submit to a
drug test based on reasonable suspicion after being lawfully ordered to
do so are subject to the same penalties as those officers who test
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positive for the illegal use of drugs. A sworn law enforcement officer who
resigns or retires after receiving a lawful order to submit a urine specimen
for drug testing and who does not provide the specimen shall be deemed
to have refused to submit to the drug test.
D.

Sworn law enforcement officers: Random drug testing
1.

Law enforcement agencies may choose to implement a random drug
testing program for their sworn law enforcement officers. Law
enforcement agencies which establish a random drug testing program
must do so by rule and regulation as defined in N.J.S.A. 40A:14-118 for
municipal law enforcement agencies or by appropriate standard operating
procedures for county and state law enforcement agencies. Random
drug testing cannot be implemented until rules and regulations
establishing such a procedure have been in effect for a minimum of 60
days.

2.

Each agency's rules and regulations or appropriate standard operating
procedures will, at a minimum:
a.

State that all sworn members of the agency are eligible for
random drug testing, regardless of rank or assignment.

b.

State the number of officers to be selected each time a random
selection takes place. This can be expressed as either a number
of sworn officers or a percentage of the sworn officers, which in
every case shall be less than the total number of sworn officers
employed by the agency.

c.

Establish a method of random selection which ensures that every
sworn officer in the agency has an equal chance to be selected
for a testing each and every time a selection takes place.

d.

Establish a system by which the selection process can be verified
and documented.

e.

Permit a representative of the collective bargaining unit(s) to
witness the selection process.

f.

Provide that any member of the agency who discloses the identity
of an officer selected for random testing or the fact that a random
selection is scheduled to take place prior to the collection of urine
specimens shall be subject to discipline.

g.

Establish a system to collect urine specimens from selected
officers in a prompt, efficient and confidential manner.
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h.

IV.

The agency's rules and regulations or appropriate standard
operating procedures shall further provide that officers who refuse
to submit to a drug test when randomly selected are subject to the
same penalties as those officers who test positive for the illegal
use of drugs. A sworn law enforcement officer who resigns or
retires after receiving a lawful order to submit a urine specimen for
drug testing and who does not provide the specimen shall be
deemed to have refused to submit to the drug test.

Specimen acquisition procedures
A.

Preliminary acquisition procedures
1.

The law enforcement agency shall designate a member of its staff to
serve as monitor of the specimen acquisition process. The monitor shall
always be of the same sex as the individual being tested. In the event
there is no member of the same sex available from the agency collecting
the specimens, the agency may request that a member of the same sex
from another law enforcement agency serve as monitor of the process.

2.

The monitor of the specimen acquisition process shall be responsible for:

3.

a.

Ensuring that all documentation is fully and accurately completed
by the individual submitting the specimen.

b.

Collecting specimens in a manner that provides for individual
privacy while ensuring the integrity of the specimen.

c.

Complying with chain of custody procedures established for the
collection of urine specimens and their subsequent submission to
the New Jersey State Toxicology Laboratory within the Division of
Criminal Justice for analysis.

Prior to the submission of a specimen, an applicant for a law enforcement
position shall execute a form consenting to the collection and analysis of
their urine for illegal drugs. (Attachment A) The form shall also advise
the applicant that a negative result is a condition of employment and that
a positive result will: a) result in the applicant being dropped from
consideration for employment; b) cause the applicant's name to be
reported to the central drug registry maintained by the Division of State
Police; and c) preclude the applicant from being considered for future
law enforcement employment for a period of two years. Applicants shall
not complete a medical questionnaire (Attachment B) prior to the
submission of a specimen unless they have already received a
conditional offer of employment. However, applicants who have not
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received a conditional offer of employment can be required to complete a
medical questionnaire if, following the submission of their specimen to the
State Toxicology Laboratory for analysis, the law enforcement agency
receives a report indicating that the specimen tested positive for a
controlled substance.

B.

4.

Prior to the submission of a urine specimen, a trainee enrolled in a basic
training course shall execute a form (Attachment C) advising the trainee
that a negative result is a condition of employment and that a positive
result will: a) result in the trainee being dismissed from basic training; b)
cause the trainee to be dismissed from employment as a law
enforcement officer by his or her appointing authority; c) cause the
trainee's name to be reported to the central drug registry maintained by
the Division of State Police; and d) cause the trainee to be permanently
barred from future law enforcement employment in New Jersey. The
form shall also advise trainees that the refusal to participate in the test
process carries the same penalties as testing positive. Trainees shall
also complete a medical questionnaire (Attachment B) which clearly
describes all medications, both prescription and over-the-counter (nonprescription), that were ingested in the past 14 days.

5.

Prior to the submission of a urine specimen, sworn law enforcement
officers shall complete a medical questionnaire (Attachment B) which
clearly describes all medications, both prescription and over-the-counter
(non-prescription), that were ingested in the past 14 days.

Specimen collection
1.

Throughout the test process, the identity of individual applicants, trainees
and sworn law enforcement officers shall remain confidential. Individual
specimens shall be identified throughout the process by the use of social
security numbers. At no time shall an individual's name appear on any
form or specimen container sent to the State Toxicology Laboratory.

2.

Specimens will be collected utilizing equipment and supplies approved by
the State Toxicology Laboratory. Under no circumstances may a
specimen be collected and submitted for analysis in a specimen
container that has not been approved by the State Toxicology Laboratory.

3.

Urine specimens will be acquired and processed in accordance with
procedures established by the State Toxicology Laboratory.
a.

After the monitor has inspected the appropriate forms for
accuracy, the applicant, trainee or sworn officer shall void into the
specimen collection container.

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b.

After a specimen has been produced, the individual shall seal the
specimen container and deliver it to the monitor.

c.

Once the monitor is satisfied that the required documentation is
accurate and he or she has inspected the specimen container to
determine that a specimen has been produced, the monitor shall
take possession of the specimen and ensure that it is delivered to
the State Toxicology Laboratory for analysis.

4.

Individuals will void without the direct observation of the monitor unless
there is reason to believe that the individual will adulterate the specimen
or otherwise compromise the integrity of the test process. Under these
circumstances, the production of a specimen may be directly observed by
the monitor. Law enforcement agencies must document the facts
underlying their belief that an individual may adulterate a specimen or
compromise the integrity of the test process.

5.

Individuals that initially are unable to produce a urine specimen may
remain under the supervision of the test monitor until the monitor is
satisfied that the individual cannot produce a specimen. While the
individual is under supervision, the monitor may allow the individual to
drink fluids in an attempt to induce the production of a specimen. If the
individual remains unable to provide a specimen after a reasonable
period of time, the monitor may have the individual examined by a doctor
to determine whether the inability to produce a specimen was the result
of a medical or physical infirmity or constituted a refusal to cooperate with
the drug testing process.

6.

Trainees and sworn law enforcement officers shall have the option to
provide the monitor with a second urine specimen at the same time the
first specimen is collected.
a.

The second specimen shall be collected in the same fashion as
the first specimen. The monitor shall take possession of the
second specimen and place it in a secured refrigerated storage
area.

b.

The law enforcement agency shall maintain possession of the
second specimen for a period of 60 days or until the agency
receives notification from the State Toxicology Laboratory that the
first specimen tested negative for the presence of controlled
substances.

c.

The second specimen shall be released by the law enforcement
agency under the following circumstances:

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V.

(1)

The law enforcement agency is notified by the State
Toxicology Laboratory that the first specimen tested
positive for a controlled substance; and

(2)

The law enforcement agency is informed by the individual
whose specimen tested positive that the individual wishes
to have the specimen independently tested; and

(3)

The officer must designate a laboratory that is licensed as
a clinical laboratory by the New Jersey Department of
Health under the New Jersey Clinical Laboratory
Improvement Act to conduct the independent test; and

(4)

A representative of the licensed clinical laboratory
designated by the individual takes possession of the
second specimen in accordance with accepted chain of
custody procedures within 60 days of the date the
specimen was produced.

Submission of specimens for analysis
A.

The New Jersey State Toxicology Laboratory within the Division of Criminal
Justice will constitute the sole facility for the analysis of law enforcement drug
tests. Law enforcement agencies are not permitted to use any other facility or
laboratory for purposes of analyzing urine specimens.

B.

Urine specimens should be submitted to the State Toxicology Laboratory as
soon as possible after their collection. In the event a specimen cannot be
submitted to the laboratory within one working day of its collection, the law
enforcement agency shall store the specimen in a controlled access refrigerated
storage area until submission to the State Toxicology Laboratory.
1.

Submission of specimens to the State Toxicology Laboratory may be
accomplished by personnel from the law enforcement agency or
commercial courier.

2.

Should a law enforcement agency choose to have specimens delivered to
the State Toxicology Laboratory by commercial courier, the following
procedural safeguards must be taken:
a.

All submissions must be by "next day delivery."

b.

In addition to the sealed container, all submissions must be
packaged in a manner that includes two additional seals to
provide for the integrity of the test specimens.

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c.

VI.

The State Toxicology Laboratory must reject specimens that it has
reason to believe have been subject to tampering.

Analysis of specimens
A.

The State Toxicology Laboratory will utilize the following test procedures to
analyze urine specimens for law enforcement agencies:
1.

All specimens will be subject to an initial test utilizing fluorescence
polarization immunoassay analysis.

2.

Those specimens that test positive for a controlled substance following
the fluorescence polarization immunoassay, shall be subject to a gas
chromatography/mass spectrophotometry analysis to confirm the
presence of the controlled substance.

3.

In the event a specimen is confirmed to be positive for a controlled
substance following the gas chromatography/mass spectrophotometry, a
medical review officer at the laboratory shall compare the test results with
the medical questionnaire submitted with the specimen to determine
whether any substance listed on the questionnaire would explain the test
result. The medical review officer may direct the agency that collected
the specimen to obtain further information from the individual being
tested concerning the medications listed on the questionnaire. In the
event the questionnaire does not explain the test result, the medical
review officer shall issue a report indicating that specimen tested positive.

4.

The State Toxicology Laboratory shall analyze each specimen for the
following substances and their metabolites:
a.

amphetamine/methamphetamine;

b.

barbiturates;

c.

benzodiazepine;

d.

cannabinoids;

e.

cocaine;

f.

methadone;

g.

phencyclidine; and

h.

opiates.
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5.

VII.

VIII.

The analysis of each specimen shall be done in accordance procedures
adopted by the State Toxicology Laboratory. These procedures shall
include but not be limited to security of the test specimens, chain of
custody, metabolite cut-off levels and the issuance of test reports.

Drug test results
A.

The State Toxicology Laboratory shall notify the submitting law enforcement
agency of test results from the specimens submitted for analysis. All reports
shall be in writing and sent to the agency within 15 working days of the
submission.

B.

The State Toxicology Laboratory shall not report a specimen as having tested
positive for a controlled substance until the specimen has undergone a
confirmatory test and the medical review officer has reviewed the results of that
test with the medical questionnaire pertinent to that specimen.

C.

The submitting agency shall notify the applicant, trainee or sworn officer of the
results of a positive test result as soon as practical after receipt of the report
from the State Toxicology Laboratory. Upon request, the individual may receive
a copy of the laboratory report.

D.

Under no circumstances may an agency or an individual resubmit a specimen for
testing or ask that a particular specimen within the possession of the State
Toxicology Laboratory be retested.

Consequences of a positive test result
A.

When an applicant tests positive for illegal drug use:
1.

The applicant shall be immediately removed from consideration for
employment by the agency;

2.

The applicant shall be reported to the Central Drug Registry maintained
by the Division of State Police by the law enforcement agency to which
the individual applied; and

3.

The applicant shall be precluded from consideration for future law
enforcement employment by any law enforcement agency in New Jersey
for a period of two years.

4.

Where the applicant is currently employed by another agency as a sworn
law enforcement officer, the officer's current employer shall be notified of
the positive test result. Under these circumstances, the officer's current
employer is required to dismiss the officer from employment and also
report his or her name to the Central Drug Registry maintained by the
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Division of State Police.
B.

C.

IX.

When a trainee tests positive for illegal drug use, subject to rules adopted by the
Police Training Commission:
1.

The trainee shall be immediately dismissed from basic training and
suspended from employment by his or her appointing authority;

2.

The trainee shall be terminated from employment as a law enforcement
officer, upon final disciplinary action by the appointing authority;

3.

The trainee shall be reported to the Central Drug Registry maintained by
the Division of State Police; and

4.

The trainee shall be permanently barred from future law enforcement
employment in New Jersey.

When a sworn law enforcement officer tests positive for illegal drug use:
1.

The officer shall be immediately suspended from all duties;

2.

The officer shall be terminated from employment as a law enforcement
officer, upon final disciplinary action;

3.

The officer shall be reported by his or her employer to Central Drug
Registry maintained by the Division of State Police; and

4.

The officer shall be permanently barred from future law enforcement
employment in New Jersey.

Consequences of a refusal to submit to a drug test
A.

Applicants who refuse to submit to a drug test during the pre-employment
process shall be immediately removed from consideration for law enforcement
employment and barred from consideration for future law enforcement
employment for period of two years from the date of the refusal. In addition, the
appointing authority shall forward the applicant's name to the Central Drug
Registry and note that the individual refused to submit to a drug test.

B.

Trainees who refuse to submit to a drug test during basic training shall be
immediately removed from the academy and immediately suspended from
employment. Upon a finding that the trainee did in fact refuse to submit a
sample, the trainee shall be terminated from law enforcement employment and
permanently barred from future law enforcement employment in New Jersey. In
addition, the appointing authority shall forward the trainee's name to the Central
Drug Registry and note that the individual refused to submit to a drug test.
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C.

Sworn law enforcement officers who refuse to submit to a drug test ordered in
response to reasonable suspicion or random selection shall be immediately
suspended from employment. Upon a finding that the officer did in fact refuse to
submit a sample, the officer shall be terminated from law enforcement
employment and permanently barred from future law enforcement employment
in New Jersey. In addition, the appointing authority shall forward the officer's
name to the Central Drug Registry and note that the individual refused to submit
to a drug test.

X.

A sworn law enforcement officer who tests positive for illegal drug use or refuses to
submit to a drug test, and who resigns or retires in lieu of disciplinary action or prior to
the completion of final disciplinary action, shall be reported by his or her employer to
Central Drug Registry and shall be permanently barred from future law enforcement
employment in New Jersey.

XI.

Record keeping
A.

Each law enforcement agency's Internal Affairs Unit shall maintain all records
relating to the drug testing of applicants, trainees and law enforcement officers.

B.

Each agency's drug testing records shall include but not be limited to:
1.

2.

For all drug testing:
a.

the identity of those ordered to submit urine samples;

b.

the reason for that order;

c.

the date the urine was collected;

d.

the monitor of the collection process;

e.

the chain of custody of the urine sample from the time it was
collected until the time it was received by the State Toxicology
Laboratory;

f.

the results of the drug testing;

g.

copies of notifications to the subject; and

h.

for any positive result or refusal, appropriate documentation of
disciplinary action.

For random drug testing, the records will also include the following
information:

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C.

XII.

a.

a description of the process used to randomly select officers for
drug testing;

b.

the date selection was made;

c.

a copy of the document listing the identities of those selected for
drug testing;

d.

a list of those who were actually tested; and

e.

the date(s) those officers were tested.

Drug testing records shall be maintained with the level of confidentiality required
for internal affairs files pursuant to the New Jersey Internal Affairs Policy and
Procedures.

Central Drug Registry
A.

Every law enforcement agency shall notify the Central Drug Registry maintained
by the Division of State Police of the identity of applicants, trainees and sworn
law enforcement officers who test positive for the illegal use of drugs or refuses
an order to submit a urine sample on the form prescribed in Attachment D.

B.

Notifications to the Central Drug Registry shall include the following information
as to each individual:
1.

name and address of the submitting agency, and contact person;

2.

name of the individual who tested positive;

3.

last known address of the individual;

4.

date of birth;

5.

social security number;

6.

SBI number (if known);

7.

Gender

8.

Race

9.

Eye color

10.

substance the individual tested positive for, or circumstances of the
refusal to submit a urine sample;
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11.

date of the drug test or refusal;

12.

date of final dismissal or separation from the agency; and

13.

whether the individual was an applicant, trainee or sworn law
enforcement officer.

C.

The certification section of the notification form must be completed by the chief
or director, and notarized with a raised seal.

D.

Notifications to the central registry shall be sent to:
Division of State Police
State Bureau of Identification
Central Drug Registry
P.O. Box 7068
West Trenton, New Jersey 08628-0068

E.

Information contained in the central registry may be released by the Division of
State Police only under the following circumstances:
1.

In response to an inquiry from a criminal justice agency as part of the
background investigation process for prospective or new personnel.

2.

In response to a court order.

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Attorney General's Law Enforcement Drug Testing Policy
ATTACHMENT A
DRUG TESTING
APPLICANT NOTICE AND ACKNOWLEDGMENT
, understand that as part of the pre-employment process, the
will conduct a comprehensive background
investigation to determine my suitability for the position for which I have applied.

I,

I understand that as part of this process, I will undergo drug testing through urinalysis.
I understand that a negative drug test result is a condition of employment.
I understand that if I refuse to undergo the testing, I will be rejected for employment.
I understand that if I produce a positive test result for illegal drug use, I will be rejected for
employment.
I understand that if I produce a positive test result for illegal drug use, that information will be
forwarded to the Central Drug Registry maintained by the Division of State Police. Information from
that registry can be made available by court order or as part of a confidential investigation relating to
employment with a criminal justice agency.
I understand that if I produce a positive test result for illegal drug use and am not currently employed
as a sworn law enforcement officer, I will be barred from future law enforcement employment in New
Jersey for two years from the date of the test, After this two year period, the positive test result may
be considered in evaluating my fitness for future criminal justice employment.
I understand that if I am currently employed as a sworn law enforcement officer and I produce a
positive test result for illegal drug use, my current law enforcement employer will be notified of the
positive test result. In addition, I will be dismissed from my law enforcement position and I will be
permanently barred from law enforcement employment.
I have read and understand the information contained on this "Applicant Notice and
Acknowledgment" form. I agree to undergo drug testing through urinalysis as part of the preemployment process.

Signature of Applicant

Date

Signature of Witness

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ATTACHMENT B
DRUG TESTING
MEDICATION INFORMATION
As part of the drug testing process, it is essential that you inform us of all medications you have
taken in the last fourteen (14) days. Please carefully complete the information below.

% all that apply:
*

A.

During the past 14 days I have taken the following medication prescribed by a
physician:
Name of Medication

Prescribing Physician

Date Last Taken

1
2
3

*

B.

During the past 14 days, I have taken the following non-prescription medications
(cough medicine, cold tablets, aspirin, diet medication, nutritional supplements,
etc.)
Non-Prescription Medication

Date Last Taken

1
2
3

*

C.

During the past 14 days, I have taken NO prescription or non-prescription
medications.

Social Security Number & Initials

Date

Signature of Witness

Date

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Attorney General's Law Enforcement Drug Testing Policy
ATTACHMENT C
DRUG TESTING
TRAINEE NOTICE AND ACKNOWLEDGMENT
, understand that as part of the program of training at
, I will undergo unannounced drug testing by

I,
urinalysis during the training period.

I understand that a negative result is a condition of my continued attendance at the academy.
I understand that I can refuse to undergo the testing. I understand that if I refuse, I will be
dismissed from the academy and from my law enforcement position.
I understand that if I produce a positive test result for illegal drug use, I will be dismissed from the
academy.
I understand that if I produce a positive test result for illegal drug use, the academy will notify my
employer of the positive test result. In addition, I will be permanently dismissed from my law
enforcement position.
I understand that if I produce a positive test result for illegal drug use, that information will be
forwarded to the Central Drug Registry maintained by the Division of State Police. Information from
that registry can be made available by court order or as part of a confidential investigation relating to
employment with a criminal justice agency.
I understand that if I produce a positive test result for illegal drug use, I will be permanently barred
from serving as a law enforcement officer in New Jersey.
I have read and I understand the information contained on this "Trainee Notice and
Acknowledgment" form. I agree to undergo drug testing through urinalysis as part of the academy
training program.

Signature of Applicant

Date

Signature of Witness

17

Date

(6/01)

ATTACHMENT D
NOTIFICATION TO THE CENTRAL DRUG REGISTRY
Type or Print
AGENCY SUBMITTING
AGENCY

PHONE

ADDRESS

CITY

STATE

CONTACT PERSON

TITLE

PHONE

ZIP

PERSON TO BE ENTERED
LAST NAME

FIRST NAME

DOB

INITIAL

GENDER

SSN

EYE COLOR

SBI NUMBER (IF KNOWN)

* APPLICANT
* SWORN OFFICER - RANDOM

THIS PERSON WAS:

RACE

* TRAINEE
* SWORN OFFICER - REASONABLE SUSPICION

ADDRESS

CITY

STATE

ZIP

REASON FOR NOTIFICATION
THE PERSON LISTED ABOVE

* TESTED POSITIVE FOR ______________________________________________
(IDENTIFY SUBSTANCE)

OR

* REFUSED TO SUBMIT A URINE SAMPLE
DATE OF THE DRUG TEST OR REFUSAL

DATE OF FINAL DISMISSAL OR SEPARATION FROM AGENCY

CERTIFICATION (Must be completed by Chief or Director. Must be notarized with raised seal)
I hereby affirm that the above information is true and correct to the best of my knowledge.
___________________________________________
_________________________________________
Print Name
Title

Signature

Sworn and subscribed before me this ___________ day of _____________________, __________

(Seal)

____________________________________
(6/01)

Mail to:

Division of State Police
State Bureau of Identification
Central Drug Registry
P.O. Box 7068
West Trenton, New Jersey 08628-0068

JUVENILE MATTERS
Attorney General Executive Directive Concerning the Handling of Juvenile Matters by Police
and Prosecutors

Issued October 1990

The subject-matter of this Executive Directive was carefully studied by numerous practitioners in
the juvenile justice field, including representatives from state, county and local law enforcement
and prosecuting agencies, the courts, correction agencies and non-law enforcement juvenile
service providers. The following Executive Directive represents the consensus of these juvenile
justice practitioners. Their contributions to the policy development of this Executive Directive
are gratefully acknowledged.

ATTORNEY GENERAL EXECUTIVE DIRECTIVE No. 1990-1:

Whereas, it is decidedly in the public interest that the entire New Jersey law enforcement
community should respond fairly, predictably and uniformly to acts of juvenile delinquency; and

Whereas, the Criminal Justice Act of 1970, N.J.S.A. 52:17b-98, states that it is the public policy
of this State:

to provide for the general supervision of criminal justice by the Attorney General as chief law
enforcement officer of the State, in order to secure the benefits of a uniform and efficient
enforcement of the criminal law and the administration of criminal justice throughout the State.

Now, therefore, I, Robert J. Del Tufo, Attorney General of New Jersey, by virtue of the authority
vested in me by the Constitution and by the Statutes of this State, do hereby DIRECT that all law
enforcement agencies and officers in this State shall in the course of handling all juvenile matters
seek to implement and achieve the following goals and objectives:

a. To dedicate adequate law enforcement resources to the prevention and control of juvenile
delinquency, to make the best possible use of these limited resources and to ensure that all law
enforcement officers are adequately trained and informed regarding juvenile laws, policies and
procedures;

b. To promote uniform law enforcement policies and procedures for the handling and prosecution

of juvenile offenders;

c. To ensure that the interests of the public are properly represented in the handling and
prosecution of juvenile matters, and to safeguard the rights and interests of victims and witnesses
involved in delinquency matters;

d. To promote whenever possible the rehabilitation of juveniles involved in minor offenses by
means of early intervention and by encouraging the diversion of these cases, instead of referring
these matters to a court for formal adjudication, provided that this can be done without
jeopardizing the public safety; and

e. To identify and deal appropriately with the small core of juvenile "Impact Offenders," who by
their serious repetitive criminal activity are responsible for a disproportionate percentage of all
crimes committed by juveniles. For the purposes of this Executive Directive, the term "Impact
Offender" shall mean a juvenile who is a chronic or repetitive offender, and whose repetitive
offenses, if committed by an adult, would constitute indictable crimes, whether against persons
or property. This term shall also include a juvenile over the age of fourteen who, if he or she
were an adult, would qualify as a professional criminal within the meaning of N.J.S.A. 2C:44-3b.

Furthermore, so as to achieve and implement the objectives and goals enumerated above, and so
as to provide appropriate guidance to police officers and prosecutors in the sound exercise of
discretion in their handling of juvenile matters, I do hereby further DIRECT the following:

1. School Zone Working Group. The School Zone Narcotics Enforcement Working Group
established pursuant to Directive 5.14 of the Statewide Action Plan for Narcotics Enforcement
shall reconvene to examine ways to enhance cooperation between the law enforcement
community and the professional educational community with respect to delinquency prevention
and intervention and with respect to the goal of achieving crime-free schools. The membership of
this Working Group may be expanded as necessary to address these additional concerns. The
Working Group shall recommend specific guidelines or directives to the Attorney General and
the Commissioner of Education, and shall develop model agreements or memoranda of
understanding between local law enforcement agencies and appropriate school officials
concerning the following areas:

The reporting of criminal or delinquent activity occurring on school property;

The reporting of any fire-setting activity occurring on school property;

The duties and responsibilities of law enforcement officers assigned to patrol in and around
school property;

The entry by law enforcement officers onto school property for the purpose of effecting an arrest,
taking a juvenile into custody or seizing contraband;

Coordinating referrals to and from law enforcement agencies and providing appropriate services
to juveniles and their families; and

Law enforcement participation in student instructional or awareness programs concerning crime,
juvenile justice, health or other related issues.

PROVISIONS CONCERNING THE EXERCISE OF POLICE DISCRETION

2. Designation of Juvenile Officers. It shall be the policy of this State that the appropriate
handling of juvenile matters shall be a high priority of the entire law enforcement community.
Every law enforcement agency having patrol jurisdiction shall designate at least one sworn
officer to handle and coordinate juvenile matters. This designated juvenile officer need not be
assigned full-time to handle juvenile matters where the extent of juvenile delinquent activity and
the resources available to the agency makes full-time assignment impractical. Where, however,
the volume or seriousness of juvenile delinquent activity so warrants, a juvenile unit or bureau
should be established and provided with sufficient resources to accomplish the principles,
policies and objectives set forth in this Executive Directive.

3. Training Working Group. A Juvenile Justice Police Training Working Group shall be
established which shall consist of representatives from the Division of Criminal Justice, Division
of State Police, County Prosecutors Association, Association of Chiefs of Police, county and
local police academies, state and county juvenile officers associations and from the academic and
juvenile justice fields, as appropriate. This Working Group shall review and where necessary
provide recommendations to the Attorney General and the Police Training Commission
regarding the adequacy of mandatory basic police training curricula pertaining to the juvenile
justice system. The Training Working Group shall also identify in-service juvenile justice-related
training needs and develop appropriate training curricula and other materials for use by
academies and law enforcement agencies in developing and providing juvenile justice training
for police officers.

4. Juvenile Officers Manual. The Division of Criminal Justice, in consultationwith the County
Prosecutors Association and the Association of Chiefs of Police, shall develop and issue to all
law enforcement agencies an updated Juvenile Officers Manual, which shall summarize all
applicable criminal and juvenile statutes, case law, court rules and statewide law enforcement
policies, guidelines and operating procedures concerning the handling of juveniles. This manual
shall be periodically reviewed and, when necessary, updated material shall be issued to law
enforcement agencies.

5. Standardized Recordkeeping and information Sharing. So as to improve recordkeeping and
access to information on delinquency and juvenile offenders, a Juvenile Records and Information
Working Group shall be established which shall consist of representatives from the Division of
Criminal Justice, Division of State Police, Association of Chiefs of Police, County Prosecutors
Association and the Juvenile Delinquency Commission. The Juvenile Records and Information
Working Group shall develop recommendations to the Attorney General regarding reasonable
standardized law enforcement data collection and reporting procedures, recordkeeping practices
and information sharing procedures, including recommendations concerning the development of
a centralized repository of law enforcement information relating to juvenile matters, as
authorized by the Code of Juvenile Justice. The Working Group's recommendations to the
Attorney General shall take into account and seek to minimize any additional administrative
burdens upon law enforcement agencies and officers.

6. Arrest, Charging and Diversion Guidelines Working Group. It shall be the policy of this State
to provide guidance to police officers in the exercise of their discretion in the handling of
juvenile matters, and it shall also be the policy of this State to encourage law enforcement
agencies to divert from formal court proceedings those juvenile who are involved in minor
delinquent activity. A Juvenile Arrest, Charging and Diversion Guidelines Working Group shall
be established for the purpose of developing model guidelines and procedures, consistent with
the policies, principles and objectives set forth in this Executive Directive, concerning the
prevention and control of delinquent activity, the handling by police of juvenile offenders and
appropriate police response to juvenile-family crisis incidents, including the use, where
warranted, of curbside warnings and stationhouse adjustments. This Working Group shall consist
of representatives from the Division of Criminal Justice, Association of Chiefs of Police, County
Prosecutors Association, State and county juvenile officers associations, and other juvenile
justice agencies as appropriate.

7. Standards For Arrest and Filing Complaints.

a. It shall be the policy of this State that a juvenile should ordinarily be taken into custody,
consistent with the laws of arrest, and that a complaint should be filed, where any of the
following circumstances exist:

The delinquent activity involves the commission of an indictable offense;

The delinquent activity is committed by a juvenile identified as an Impact Offender, or by a
juvenile who has charges pending or has a history of committing repetitive disorderly persons
offenses; or

The delinquent activity constitutes a violation of a supervisory condition of probation, parole,
home detention or suspended sentence.

b. Notwithstanding any other provision of this Executive Directive, it shall be the responsibility
of all sworn law enforcement officers to take into custody any juvenile where there is probable
cause to believe that the juvenile has committed an act of delinquency that would constitute a
violation of any offense defined in Chapter 35 or 36 of Title 2C ("The Comprehensive Drug
Reform Act"), as required by Directive 5.7 of the Statewide Action Plan for Narcotics
Enforcement. Where a juvenile is taken into custody for an act of delinquency involving a
violation of any offense defined in Chapter 35 or 36 of Title 2C, a complaint alleging
delinquency shall be filed.

c. Subject to the provisions of subsections a. and b. of this section, it shall be the policy of this
State that a complaint ordinarily should not be filed where the delinquent activity involves a petty
disorderly persons offense or disorderly persons offense, other than a repetitive disorderly
persons offense or a disorderly persons offense involving the use or possession of a controlled
dangerous substance or drug paraphernalia.

8. Curbside Warnings and Stationhouse Adjustments.

a. The New Jersey Code of Juvenile Justice and Court Rules provide that certain delinquency
complaints filed by a law enforcement officer may be diverted by court personnel to a "Juvenile
Conference Committee" or to an "intake service conference." These judicially-administered
diversion options have proven to be extremely effective, and provide an excellent opportunity to
resolve matters that, while warranting the filing of a complaint by law enforcement, need not be
presented to a judge for formal adjudication. There are numerous occasions, however, where less
serious matters can be satisfactorily resolved or "adjusted," either at curbside or at the police
stationhouse, without the need for a formal adjudication of delinquency, the filing of a complaint
or even the taking of a juvenile into custody. It shall therefore be the policy of this State to
encourage the use of "curbside warnings" or "stationhouse adjustments" as an appropriate law
enforcement response to non-serious juvenile activity that does not warrant either the taking of a
juvenile into custody or the filing of a complaint alleging delinquency.

b. For the purposes of this Executive Directive, a "stationhouse adjustment" would ordinarily
entail warning the juvenile about the future consequences of his or her continued delinquent
activity, and notifying the juvenile's parent(s) or guardians about the matter. Where a
"stationhouse adjustment" is used to resolve a minor juvenile matter, the law enforcement agency
should keep a record of the identity of the juvenile and the date and nature of the offense
involved, consistent with recommended recordkeeping procedures to be developed by the
Juvenile Arrest, Charging and Diversion Guidelines Working Group in consultation with the
Juvenile Records and Information Working Group. These recommended procedures shall be
designed to minimize any additional administrative burdens upon law enforcement agencies and
officers. The Juvenile Arrest, Charging and Diversion Guidelines Working Group and the
Division of Criminal Justice shall provide ongoing technical assistance and guidance to law
enforcement agencies in the appropriate use of "stationhouse adjustments."

PROVISIONS CONCERNING THE EXERCISE OF PROSECUTORIAL DISCRETION

9. Designated Prosecution Staff.

a. Each county prosecutor shall allocate sufficient legal, investigative and support resources to
aggressively prosecute juvenile matters and to achieve and implement the principles, policies and
objectives set forth in this Executive Directive. At least one assistant prosecutor in each county
prosecutor's office shall be designated to supervise the investigation, screening and prosecution
of juvenile matters, and at least one county investigator or detective in the county prosecutor's
office shall be assigned responsibility, whether on a full-time or part-time basis, for performing
investigative and case preparation functions in juvenile matters. Where the volume or seriousness
of juvenile cases so warrant, a separate juvenile unit or section should be established.

b. Each county prosecutor shall make certain that assistant prosecutors who are on call to provide
legal assistance to law enforcement officers have sufficient experience and expertise to provide
competent legal advice concerning the Code of Juvenile Justice and applicable criminal laws and
court procedures pertaining to the handling of juvenile offenders. Law enforcement agencies
throughout the county should be encouraged to call the prosecutor's office for advice concerning
juvenile matters whenever needed.

c. The Division of Criminal Justice, in conjunction with the County Prosecutors Association,
shall provide for the in-service training of assistant prosecutors and county prosecutor
investigative personnel assigned to handle juvenile cases. Training shall be made available at
least twice annually for designated assistant prosecutors and investigative personnel concerning
the principles, policies and objectives set forth in this Executive Directive, the laws and

procedures relating to juvenile delinquency and youth offenders, the prevention and control of
delinquency, and the availability and appropriate use of dispositional and detention alternatives.

10. Screening of Complaints.

a. Each county prosecutor shall make certain that no delinquency complaints charging an
indictable offense, a repetitive disorderly persons offense or a violation of any offense defined in
Chapter 35 or 36 of Title 2C are diverted from the court without the consent of the prosecutor, as
required by law.

b. Each county prosecutor shall issue and implement written guidelines concerning the screening
and handling of juvenile complaints. In addition to those factors specified in the Code of Juvenile
Justice for diversion recommendations, prosecutorial screening guidelines should incorporate the
following criteria:

Whether the facts constitute prima facie evidence that a delinquent act has been committed by the
juvenile;

Whether the juvenile is an Impact Offender;

Whether the juvenile has previously been adjudicated delinquent or diverted in juvenile
proceedings; and

Whether the matter involves any adult codefendants, and whether diversion of the juvenile would
adversely affect the prosecution of such adult codefendants.

c. Prosecution screening guidelines developed by each county prosecutor shall reflect the policy
of this State that, absent special circumstances, the prosecutor should not consent to the matter
being diverted from court in the following circumstances:

The complaint alleges a crime of the first or second degree;

The complaint is filed against a juvenile identified as an Impact Offender;

The juvenile is charged with an indictable offense involving infliction of serious bodily injury,
the use or possession of a deadly weapon or arson;

The juvenile is charged with an indictable offense and a) has previously been adjudicated
delinquent for an indictable offense, or b) has previously been diverted to a Juvenile Conference
Committee or intake conference for an indictable offense.

11. Predisposition Detention.

a. Each county prosecutor should seek the predisposition detention of juvenile offenders only in
those cases where such detention is necessary and appropriate to protect public safety or to assure
the juvenile's appearance at court proceedings, and it shall be the policy of this State that each
county prosecutor should recommend the use of alternatives to detention in cases where the
safety of the community would not be threatened thereby, and where the subsequent appearance
by the juvenile at court proceedings would not be jeopardized. Prosecutors in no case shall
advocate the use of predisposition detention as a form of punishment directed against a juvenile
prior to an adjudication of delinquency.

b. Each county prosecutor, working in conjunction with the Family Court, detention center and
local law enforcement agencies, shall seek to develop alternatives to secure detention. Each
county prosecutor should encourage and facilitate the development of home detention programs
as an alternative form of detention for qualified juvenile offenders who would otherwise be
detained in a secure facility. Home detention programs should include the following:

A written agreement outlining the conditions for home detention, which should be signed by the
juvenile and a parent or guardian;

ongoing supervisory contact with the juvenile pending case disposition;

Notification to the appropriate local law enforcement agency of the juvenile's release to home
detention; and

Return of the juvenile to a detention center upon a violation of a substantial program condition.

12. Prosecutor's Role in Disposition Hearings.

a. Each county prosecutor shall take an active role in recommending appropriate dispositions for
juveniles adjudicated delinquent, and such recommendations to the court shall take into account
the nature and seriousness of the offense, the juvenile's prior delinquency record and the
juvenile's need for and amenability to rehabilitation. In recommending dispositions to the court,
prosecutors shall consider the interests and needs of the juvenile, but a prosecutor's
recommendations should be based principally upon concern for the safety and welfare of the
community.

b. Each county prosecutor shall ensure that the court at a dispositional hearing is fully informed
as to the impact of the juvenile's conduct on the victim, where such information has not
otherwise been included in the pre-disposition report. Where a juvenile is adjudicated delinquent
for an offense involving loss to the victim resulting from personal injuries or property damage,
prosecutors should ordinarily seek an order for restitution to the victim as part of the disposition.

c. In all cases in which probation is an appropriate disposition, prosecutors should recommend to
the court those specific terms and conditions of probation which are appropriate to the
circumstances of the case and which are authorized under the Code of Juvenile Justice.

13. Short-term Commitment Disposition Option.

a. Each county prosecutor should encourage the establishment of a program of short-term
commitment, as authorized by the Code of Juvenile Justice, so as to have this disposition option
available to be used as a special deterrent (sometimes referred to as "shock incarceration") in the
hopes of discouraging certain appropriately chosen juveniles from becoming career criminals or
"Impact Offenders." Each county prosecutor should consider recommending this form of brief
detention in those cases where a supervisory or probationary disposition is inadequate, but where
long-term commitment to a state correctional institution is not necessary to protect the public
safety and might actually prove to be counterproductive by allowing an impressionable juvenile
to be negatively influenced by close, long-term contact with more serious, repetitive or hardened
juvenile offenders.

b. Where the option is available, each county prosecutor should consider recommending
short-term commitments for the following categories Of juvenile offenders, provided that
commitment to a state correctional institution is not otherwise warranted:

First-time offenders adjudicated delinquent for a first or second degree crime;

Persistent offenders who have repeatedly been adjudicated delinquent for crimes or offenses that,

considered in isolation, would not normally warrant commitment to a state correctional
institution, e.g., persistent criminal mischief or joyriding;

Juveniles who have committed a substantial violation of probation or have significantly violated
non-custodial program requirements;

First-time offenders involved in the distribution of controlled dangerous substances or anabolic
steroids;

Juveniles adjudicated delinquent for an offense committed while on suspended sentence to a state
correctional institution;

Juveniles adjudicated delinquent for offenses involving a deadly weapon.

c. The county prosecutor should not necessarily request a full 60-day commitment. Rather, the
prosecutor's recommendation to the court with respect to the specific term of commitment should
be based upon a careful consideration of all relevant factors, including the seriousness of the
offense, the juvenile's age, prior history of delinquency, present participation in school or gainful
employment and amenability to being positively influenced by this type of disposition.

14. Prosecution of Drug and Alcohol Offenses.

a. Each county prosecutor shall take steps to ensure that juveniles taken into custody for or
charged with an offense involving substance abuse, including alcohol abuse, are referred as soon
as possible to available substance abuse evaluation and treatment, as appropriate.

b. Each county prosecutor shall make certain that delinquency complaints filed by police alleging
a violation of any offense defined in Chapter 35 or 36 of Title 2C are not diverted from the court
without the prosecutor's consent, which consent should not be given except in extraordinary
circumstances.

c. Where a juvenile is adjudicated delinquent for any offense defined in Chapter 35 or 36 of Title
2C, the county prosecutor shall make certain that the applicable mandatory penalties are
imposed, including the Drug Enforcement and Demand Reduction penalty, forensic laboratory
fee, mandatory community service for certain possessory offenses committed on or near school
property, and the forfeiture or postponement of the privilege to operate a motor vehicle or

motorized bicycle.

d. Where the conduct or neglect of a parent or guardian of a juvenile who has been adjudicated
delinquent appears to have significantly contributed to the juvenile's delinquency, and substance
abuse by the parent or guardian is indicated, the prosecutor should ordinarily seek mandatory
parental or guardian participation in substance abuse evaluation and treatment, as necessary and
as may be authorized by the Code of Juvenile Justice.

e. Consistent with the provisions of the Comprehensive Drug Reform Act and the clearly
expressed intention of the Legislature, it shall be the policy of this State to aggressively prosecute
adults and juveniles who are involved in the distribution of controlled dangerous substances.
Prosecutors should seek, in addition to substance abuse evaluation and treatment, the imposition
of appropriate sanctions for juveniles adjudicated delinquent for offenses involving the
possession with intent to distribute, distribution or manufacture of a controlled dangerous
substance or anabolic steroid. Prosecutors should ordinarily recommend incarceration or
short-term commitment in the following circumstances:

Where a juvenile is adjudicated delinquent for an offense involving the manufacture, distribution
or possession with intent to distribute a controlled dangerous substance or anabolic steroid, and
the juvenile has previously been adjudicated delinquent for an offense involving controlled
dangerous substances or anabolic steroids; or

Where a juvenile is adjudicated delinquent for a violation of N.J.S.A. 2C:35-3, 2C:35-4;
2C:35-7, 2C:35-9. or a violation of N.J.S.A. 2C:35-5 designated as a crime of the first degree.

f. Each county prosecutor should ordinarily seek the waiver to adult court of any juvenile
fourteen years of age or older who is charged with a violation of N.J.S.A. 2C:35-9, or a violation
of N.J.S.A. 2C:35-3, 2C:35-4 or 2C:35-5 which involved the distribution for pecuniary gain of
any controlled dangerous substance while on any school property.

15. Juvenile Adjudication, Waiver and Disposition Working Group. A Juvenile Adjudication,
Wavier and Disposition Working Group consisting of county prosecutors and other juvenile
justice system practitioners and experts shall be established for the purpose of examining the
practice of plea negotiations in juvenile matters, the incarceration of juveniles adjudicated
delinquent and the waiver of juveniles to adult court. The Working Group shall within nine
months issue a report to the Attorney General, recommending guidelines and/or directives for
statewide promulgation by the Attorney General.

16. Juvenile Impact Offenders. A Juvenile Impact Offender Working Group shall be established
consisting of representatives of the Division of Criminal Justice, County Prosecutors
Association, Association of Chiefs of Police, the Judiciary and the Department of Corrections,
for the purpose of developing a comprehensive, coordinated system-wide initiative to deal with
serious repetitive juvenile offenders, who account for a disproportionate percentage of all crimes
committed by juveniles. The Working Group shall within nine months issue a report to the
Attorney General recommending any guidelines and/or directives for the implementation and
funding of a Juvenile Impact Offender Program so as to focus available resources to the
prevention, identification, detention differential case processing, prosecution disposition,
confinement, rehabilitation and aftercare of serious repetitive juvenile offenders.

17. Working Group Membership. The Director of the Division of Criminal Justice shall within
30 days determine and announce the membership of all Working Groups established or
reconstituted pursuant to this Executive Directive. Nothing herein shall be construed to prevent
the Director or his designee from at any time expanding the membership of any Working Group
or Committee as appropriate.

18. Effective Date. This Executive Directive shall take effect immediately.

Dated: October 17, 1990

OR 000214

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OR 000218

OR 000219

OR 000220

OR 000221

OR 000222

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OR 000224

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OR 000226

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OR 000228

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RESET FORM FIELDS

State of New Jersey
DEPARTMENT OF LAW AND PUBLIC SAFETY
DIVISION OF CRIMINAL JUSTICE
DAVID SAMSON
Attorney General

PO BOX 085
TRENTON, NJ 08625-0085
TELEPHONE (609) 984-6500

PETER C. HARVEY
First Asst. Attorney General
Director

ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE No. 2002-2
APPROVAL OF SEARCH WARRANT APPLICATIONS, EXECUTION OF
SEARCH WARRANTS, AND PROCEDURES TO COORDINATE
INVESTIGATIVE ACTIVITIES CONDUCTED BY MULTIPLE LAW
ENFORCEMENT AGENCIES

WHEREAS, the Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 et seq.,
declares it to be the public policy of this State “to encourage cooperation among
law enforcement officers and to provide for the general supervision of criminal
justice by the Attorney General as chief law enforcement officer of the State, in
order 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; and
WHEREAS, many law enforcement and prosecuting agencies operating at
the federal, state, bi-state, county and local levels of government have overlapping
territorial and subject-matter jurisdiction, creating a potential for the investigative
activities of one resident agency to conflict with investigations or intelligencegathering operations that are being undertaken by other law enforcement
agencies; and
WHEREAS, it is necessary and appropriate, consistent with the Attorney
General’s responsibility to secure the benefits of the uniform and efficient
enforcement of the criminal law, to establish and periodically refine policies,
procedures and protocols to enhance cooperation among the law enforcement
agencies operating within the State, and to promote the appropriate sharing of
information among and between these law enforcement agencies; and
WHEREAS, the need for enhanced cooperation and coordination of law
enforcement activities and efforts is especially important given the urgent need to
muster all available law enforcement resources and assets to respond to the threat
of terrorist activities, and in light of new enforcement initiatives to investigate and

New Jersey Is An Equal Opportunity Employer

Page 2
prosecute offenses and offenders associated with criminal gangs and other
violent or predatory criminal organizations that typically operate without regard
to jurisdictional boundaries and beyond the jurisdiction of any one law
enforcement agency; and
WHEREAS, the authority to conduct a court-authorized search of a
dwelling, place of business or automobile is a vital investigative tool routinely
used and relied upon by law enforcement agencies to detect and prosecute
violators of the law; and
WHEREAS, it is the constitutional and statutory responsibility of the
Attorney General as the State’s chief law enforcement officer to ensure that
search warrants are properly and effectively utilized, and that law enforcement
agencies are aware of and comply with all rules and procedures established by
law or Court Rules that are designed to safeguard the rights of citizens under
the United States and New Jersey Constitutions to be free from unreasonable
searches and seizures; and
WHEREAS, in 1985, following upon the recommendations contained in a
presentment issued by a special county grand jury, the Attorney General and
the County Prosecutors’ Association of New Jersey issued a joint policy
statement requiring that all applications for search warrants be reviewed by the
Attorney General or his designees, or the appropriate County Prosecutor, or his
designees, prior to submission to a court for authorization; and
WHEREAS, while the scope of prosecutorial review established in the
1985 policy statement was limited to a determination whether probable cause
exists to justify the issuance of a search warrant, it is now necessary and
appropriate for the Attorney General, in order to safeguard the integrity of law
enforcement investigations, protect the safety of law enforcement officers, and
to safeguard sources of information and investigative techniques relied upon by
law enforcement agencies, to establish uniform policies and procedures
concerning all aspects of the search warrant process, including the execution
of search warrants and strict adherence to the principles established in R. 3:54, which provides that a search warrant shall be issued with all practicable
secrecy and that the disclosure that a warrant has been applied for or issued,
except as necessary for its execution, may constitute a contempt of court.
NOW, THEREFORE, I, DAVID SAMSON, Attorney General of the State of
New Jersey, by virtue of the authority vested in me by the Constitution and by
the Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 et seq., do hereby
DIRECT that all law enforcement agencies operating under the authority of the

Page 3
laws of the State of New Jersey shall adhere to the policies and procedures set
forth below:
1.

Scope of Directive

This Directive applies to all applications made to a New Jersey Superior
or Municipal Court Judge for issuance of a criminal search warrant, and shall
apply to all law enforcement agencies operating under the authority of the laws
of the State of New Jersey at the State, county and local levels of government.
This Directive does not apply to applications for administrative search
warrants, or for court orders to enter premises to retrieve weapons pursuant to
N.J.S.A. 2C:25-21 (domestic violence) where the weapons to be seized are not
believed to be contraband, evidence or an instrumentality of a criminal offense.
2.

Requirement to Obtain Prosecutorial Approval

No law enforcement officer or agency operating under the authority of the
laws of this State at any level of government shall apply to a New Jersey Judge
for issuance of a search warrant without first obtaining express authorization
from an Assistant Attorney General, Deputy Attorney General or Assistant
County Prosecutor who has been designated in writing by the Director of the
Division of Criminal Justice or a County Prosecutor pursuant to the provisions
of Section 5 of this Directive. (These persons are hereinafter referred to in this
Directive as “Designated Attorneys”). This rule shall apply to applications for a
search warrant made in person pursuant to R. 3:5-3a, as well as to
applications for a search warrant that are communicated to a Superior Court
Judge by telephone, radio or other means of electronic communication
pursuant to R. 3:5-3b.
3.

Prosecutorial Assistance in Applying for Search Warrants

The Director of the Division of Criminal Justice and each County
Prosecutor shall establish procedures to assist law enforcement officers and
agencies operating within their jurisdiction to apply to an appropriate court for
a search warrant. The Division of Criminal Justice and each County
Prosecutor shall maintain and make available to all appropriate law
enforcement agencies a list of personnel who will be available on a 24-hour,
seven days per week basis to assist in preparing and making search warrant
applications, and who are designated pursuant to Section 5 of this Directive to
review and approve search warrant applications prior to their submission to an
appropriate court. When practicable, the Assistant Attorney General, Deputy
Attorney General or Assistant Prosecutor who reviews and approves the

Page 4
application should accompany the applicant in appearing before the Judge.
4.

Preference for Appearing Before Superior Court Judges

An Assistant Attorney General, Deputy Attorney General or Assistant
Prosecutor designated to review search warrant applications pursuant to
Section 3 of this Directive shall determine the appropriate Judge before whom
the application for a search warrant should be made, and shall assist the
applicant in contacting the Judge. Whenever practicable, the application for a
search warrant should be made to a Superior Court Judge, rather than a
Municipal Court Judge, since Superior Court Judges have statewide
jurisdiction and their probable cause determinations are entitled to substantial
deference by other Superior Court Judges who might hear any ensuing motion
to suppress physical evidence. See State v. Kasabuki, 52 N.J. 110 (1968).
5.

Designation of Attorneys Authorized to Approve Search
Warrant Applications

The Director of the Division of Criminal Justice and each County
Prosecutor shall designate in writing Assistant Attorneys General, Deputy
Attorneys General, and Assistant Prosecutors who shall be authorized
pursuant to this Directive to approve an application by a law enforcement
officer to appear before a judge to request the issuance of a search warrant.
These Designated Attorneys shall have sufficient training and experience to
comply with all of the requirements of this Directive, and shall be subject to
such additional training and continuing education requirements as the
Attorney General may from time to time direct. The designation of an
individual attorney may be limited to certain types of cases. For example, a
given assistant prosecutor may be authorized in writing by the County
Prosecutor only to approve applications for search warrants in cases involving
narcotics, or only cases presented by certain specified law enforcement
agencies. The Division of Criminal Justice shall maintain a current registry of
all Assistant Attorneys General, Deputy Attorneys General and Assistant
Prosecutors who have been authorized in writing to approve search warrant
applications.
6.

Method of Review and Approval

Approval of an application to apply to a judge for issuance of a search
warrant may be given by a Designated Attorney in writing, electronically (e-mail
or facsimile transmission), or orally (by telephone or radio communication).
Whenever practicable, the law enforcement officer seeking permission to apply

Page 5
for issuance of a search warrant (hereinafter referred to as an “applicant”)
should submit to the appropriate Designated Attorney a written copy of the
affidavit intended to be submitted to the court in support of issuance of the
warrant, along with a completed and signed application form developed by the
Division of Criminal Justice pursuant to Section 11 of this Directive. When the
circumstances make it impracticable for the applicant to submit to the
Designated Attorney a copy of a written affidavit and completed application
form, the Designated Attorney shall be responsible for making certain that all
of the requirements of this Directive have been satisfied by means of oral
communication with the applicant, and the Designated Attorney shall make
certain that all of the questions appearing on the application form have been
answered. If the applicant has prepared a written affidavit intended to be
submitted to a court, but it is not practicable to transmit a copy of the written
affidavit to the Designated Attorney for review, the applicant shall read
verbatim the text of the affidavit to the Designated Attorney. Where the
circumstances reasonably require that the applicant rely on oral testimony in
lieu of or to supplement a written affidavit in support of the application for
issuance of a search warrant, the Designated Attorney shall require the
applicant to provide all information that is intended to be presented to the
court by means of oral testimony.
7.

Authorized Actions by Designated Attorney Reviewing
an Application

The Designated Attorney is authorized to deny an application for a
search warrant, to approve the application, or to make approval contingent
upon some further investigative step, notification and/or consultation with
some other law enforcement officer or agency, or such other action to be taken
by the applicant that is deemed by the Designated Attorney to be necessary to
satisfy all of the requirements of this Directive. If the Designated Attorney
determines that the application is in any respect deficient or otherwise in need
of supplemental investigation or any other action necessary to satisfy the
requirements of this Directive, the Designated Attorney shall require the
applicant to conduct such supplemental investigation or to take such other
steps as may be necessary to cure the deficiency or to satisfy the requirements
of this Directive, and then report back to the Designated Attorney for final
authorization before proceeding to submit the application to a judge.
Notwithstanding the foregoing, a Designated Attorney is authorized to grant
conditional approval contingent upon the satisfaction of some additional step,
provided that the Designated Attorney provides clear guidance to the applicant
as to the step(s) that must be taken by the applicant and the conditions that
must be satisfied before the applicant is authorized to submit the application to

Page 6
a judge. (Example: a Designated Attorney may conditionally approve an
application contingent upon the applicant consulting with an appropriate
representative from another law enforcement agency that reasonably appears
to have an interest in the target of the investigation or the premises to be
searched. In these circumstances, a conditional approval might provide that
the applicant is authorized to apply to a court for issuance of the search
warrant unless the other law enforcement agency objects to the search.)
8.

Documentation of Approval Process

The Designated Attorney shall maintain a record of the application
(whether denied, approved or conditionally approved), including a copy of the
application form (whether prepared by the applicant or by the Designated
Attorney in the case of a telephonic application) and any notations made by the
Designated Attorney. The application form shall be placed in the prosecuting
agency’s case file and shall be subject to review and audit by the Attorney
General or his designee.
9.

Successive Applications

In the event that a Designated Attorney declines to approve an
application, or conditionally approves the application subject to a condition
that has not been satisfied, the applicant or any other person representing the
applicant’s law enforcement agency shall be prohibited from making an
application to any other Designated Attorney without revealing in the
successive application the fact that an application had previously been
reviewed by another Designated Attorney. This notification requirement shall
apply to any successive application involving the same criminal activities or
premises to be searched that were involved in the prior application that was
not approved.
10.

Familiarity of Applicant with Information Necessary to
Satisfy the Requirements of the Directive

The law enforcement officer who contacts a Designated Attorney seeking
permission to apply to a court for issuance of a search warrant should be the
actual affiant or lead case agent for the investigation (i.e., the officer most likely
to be familiar with the scope and details of the investigation and who would
therefore be in the best position to be able to answer all of the questions that
are required to be addressed pursuant to this Directive).

Page 7
11.

Application Forms

The Division of Criminal Justice shall develop and disseminate to the
County Prosecutors and to all law enforcement agencies operating under
authority of state law blank application forms to be completed and submitted
by applicants to Designated Attorneys pursuant to this Directive. The
applicant shall be required to sign the application form, certifying that all of the
information provided to the Designated Attorney is true and accurate to the
best of the applicant’s knowledge and belief. Where the application is made
telephonically, the Designated Attorney shall use the form as a checklist and
shall make certain that the applicant answers every question propounded on
the form. Thereafter, the applicant shall be required as soon as practicable to
sign the application form that was prepared by the Designated Attorney based
upon information orally provided by the applicant to the Designated Attorney.
12.

Substantive Review Criteria

The Designated Attorney shall be responsible for determining that the
application establishes all of the following:
1. An adequately specific and detailed description of all places or
premises to be searched;
2. An adequately specific and detailed description of all property to be
seized;
3. In the case of telephonic applications to a court pursuant to R. 3:53b, the existence of exigent circumstances sufficient to excuse the failure to
obtain a written warrant obtained by personally appearing before the judge;
and
4. Probable cause to justify a search of each place or premises intended
to be searched.
13.

Use and Preservation of Confidential Sources

The Designated Attorney shall determine whether the application relies
to any degree upon a confidential informant or other confidential source of
information, or whether the investigation involved the use of a secret
surveillance site. In addition to determining whether the confidential source
provided reliable information that, based upon the totality of the
circumstances, constitutes probable cause (see Section 12(4), supra), the

Page 8
Designated Attorney shall inquire whether the applicant anticipates the need to
seek a protective order to preclude eventual disclosure to a defense counsel or
any other person of any information that might reveal the identity of the
informer or other confidential information source, or the location of a
surveillance site. In the event that a protective order is necessary and
appropriate to protect a confidential source, the Designated Attorney shall take
all appropriate steps to make certain that a timely ex parte application is made
to the court for a protective order.
14.

Intended Manner of Execution

The Designated Attorney shall determine from the applicant as to the
intended manner of execution of the warrant (i.e., e.g., whether circumstances
exist that might justify dispensing with the “knock and announce” rule.) If the
applicant indicates a need to execute an unannounced or forcible entry, or to
execute the warrant at any time other than during regular business hours, the
Designated Attorney shall determine whether there is an adequate factual basis
to justify any such proposed method of execution. The Designated Attorney
shall take steps to make certain that the issuing judge is advised of these
circumstances and is asked to issue a warrant expressly authorizing this
manner of entry or execution. Nothing in this Directive shall be construed in
any way to preclude a law enforcement officer executing a warrant from making
an unannounced or forceful entry without prior judicial approval for such
unannounced or forcible entry in the event that the officer at the time of
execution becomes aware of unanticipated facts or circumstances that would
be sufficient to justify any such unannounced or forcible entry.
15.

Secrecy of Issuance and Execution of Search Warrants

A law enforcement officer involved in the application for or execution of a
search warrant shall be strictly prohibited from disclosing to a non-law
enforcement officer any facts contained in or concerning the application for the
warrant, or the fact that a search warrant will or has been sought or executed,
unless such disclosure is expressly authorized by the Director of the Division of
Criminal Justice or his designee, or a County Prosecutor or his designee. No
law enforcement officer shall advise or invite any non-law enforcement officer to
attend, participate in or witness the execution of a search warrant, and no law
enforcement officer shall permit a non-law enforcement officer to enter a
premises during the execution of a warrant, unless the attendance or
participation of such non-law enforcement personnel is necessary to ensure the
safe and efficient execution of the warrant. (Example: civilian personnel who
may be necessary to the safe and efficient execution of a warrant might include

Page 9
landlords, building managers or custodians; locksmiths, child welfare officials
(to take custody of minor children who may be present at the scene); or animal
control officers (to assist in the control of guard dogs or other animals at the
premises to be searched).
16.

Preserving Secrecy of Completed Searches

Once a court-authorized search has been completely executed, all
information concerning the issuance and execution of the warrant, including
but not limited to the affidavit filed in support the warrant, shall be treated as
if such information and document had been sealed by a court. No information
concerning the search or the grounds therefor, or the nature of any evidence
found during the execution of the search, shall be revealed by a law
enforcement officer to any person other than to another law enforcement officer
except as may be expressly authorized by a court of competent jurisdiction, or
by the Director of the Division of Criminal Justice or his designee or a County
Prosecutor or his designee, or except as may be expressly required by R. 3:5-5a
(which requires the officer taking property under the warrant to give the person
from whom or from whose premises the property is taken a copy of the warrant
and a receipt for the property taken, or else requiring that the copy and receipt
be left at the place from which the property was taken). It shall be the
responsibility of the County Prosecutor, or, where applicable, the Division of
Criminal Justice, to comply with the criminal discovery requirements set forth
in R. 3:5-6c and R. 3:13-3f.
17.

Coordination of Interagency Investigations

Before approving an application for permission to seek issuance of a
search warrant, the Designated Attorney shall take reasonable steps to
determine whether any other law enforcement agency at any level of
government (federal, state, bi-state, county, local, or out-of-state agency) has
an interest in a target of the investigation or the premises to be searched that
might be adversely affected by execution of the warrant. In that event, it shall
be the general policy of this State to notify and consult with any such
interested law enforcement agency prior to approving the search warrant
application.
18.

Specific Information Necessary to Identify Other Law
Enforcement Agencies that Might Have an Interest in
the Execution of the Search

The uniform application form developed by the Division of Criminal
Justice pursuant to Section 11 of this Directive shall require the applicant to

Page 10
disclose to the best of the applicant’s knowledge and belief the following
information to be used and relied upon by the Designated Attorney in
determining whether any other law enforcement agency has a sufficient
interest in the target of the investigation or in the premises to be searched as to
require prior notification and consultation:
a.
Whether this investigation was conducted jointly with any other
agency or task force, or whether any other law enforcement agency was
involved in or contributed to the current investigation or to any related
investigation;
b.
Whether the applicant’s agency in conducting the current
investigation relied to any degree upon information supplied by another law
enforcement agency;
c.
Whether the target of the investigation or the premises to be
searched is believed to be involved in or associated with terrorist activities, a
sophisticated criminal enterprise, or any organized criminal activity;
d.
Whether the suspected criminal activity or operation extends to
any other jurisdiction beyond the territorial jurisdiction of the applicant’s
agency;
e.
Whether the premises to be searched or any commercial business
at that premises is believed to be the subject of an investigation of another law
enforcement agency; and
f.
Whether any target of the current investigation: (1) is a defendant
in any pending criminal action; (2) is an informant or cooperating witness for
any other law enforcement agency; (3) is the target of an investigation
conducted by any other law enforcement agency; (4) has ever been detained or
questioned by another law enforcement agency; or (5) is the subject of an arrest
warrant or a be-on-the-lookout (B.O.L.O.) bulletin or advisory issued by any
other law enforcement agency.
19.

Steps Taken By Applicant to Identify Other Agencies in Interest

The applicant shall explain to the Designated Attorney what steps have
been taken by the applicant or his agency to determine whether any of the
circumstances described in Section 18 of this Directive exist that might
indicate that another law enforcement agency has an interest in the target of
this investigation or in the premises to be searched. The Designated Attorney
shall not approve the application unless satisfied that reasonable precautions

Page 11
have been taken, considering the nature of the offense and offender under
investigation, to determine whether any other agency might be adversely
affected by execution of the warrant. See also Section 27 of this Directive
(requiring the development of a comprehensive statewide system to facilitate
the collection and sharing of information and the coordination of interagency
investigative activities.)
20.

Notification to Interested Agencies of Intention to
Execute Search Warrant

In the event that it reasonably appears that any other law enforcement
agency is involved in the investigation, or has an interest in the target of the
investigation or in the premises to be searched, a Designated Attorney shall not
approve the application unless the applicant certifies that an appropriate
representative of such other interested agency (whose name and rank shall be
documented) has been consulted and does not object to the execution of the
search, or that there is good and sufficient cause to execute the search without
first notifying and consulting with such other interested law enforcement
agency. In the event that a representative from such other interested law
enforcement agency upon notification objects to the execution of a search, a
Designated Attorney shall not be authorized to approve the search, but rather
shall refer the matter without delay to either the County Prosecutor (in the
event that the Designated Attorney is employed by the County Prosecutor and
the objecting law enforcement agency is subject to the jurisdiction of the
County Prosecutor) or to the Director of the Division of Criminal Justice or his
designee (if the objecting law enforcement agency is not subject to the
jurisdiction of the County Prosecutor employing the Designated Attorney).
21.

Special Notification to Federal Authorities of Suspected
Terrorist Activities

Where it reasonably appears that a target of the investigation or a
premises to be searched may be involved in or associated with terrorist
activities, see Section 18(c), supra, the Designated Attorney shall promptly
notify the Assistant United States Attorney or other official who has been
specifically designated to receive such notification by the United States
Attorney for the District of New Jersey.
22.

Notification of Searches in Multiple Jurisdictions

Where an application is made for a warrant to conduct a search in
multiple locations any one of which is outside the territorial jurisdiction of the
applicant’s agency, or beyond the territorial jurisdiction of an assistant

Page 12
prosecutor reviewing the application, the application shall not be approved and
no search shall be conducted without first notifying and consulting with a
representative of the County Prosecutor’s Office having jurisdiction over the
place to be searched, or a representative of the Division of Criminal Justice.
(Example: a search warrant application reviewed by an Assistant Prosecutor of
county A involves an intended search of multiple premises, one of which is
located in county B. The search of the premises located in county B shall not
be conducted without first notifying and consulting with a representative from
the County B Prosecutor’s Office.) In addition, the local police department
having patrol jurisdiction over each and every place or premises to be searched
shall be notified of the operation prior to execution of the search unless a
Designated Attorney, for good cause shown, determines that notification to the
local police department shall only be provided during the execution of the
search, or at some later time.
23.

Search Warrant Manual and Training Updates

The Division of Criminal Justice in consultation with the County
Prosecutors shall develop, disseminate and periodically update a search
warrant manual concisely explaining the law, Court Rules and all Attorney
General policies and Directives concerning the issuance and execution of
search warrants. The Manual shall include model forms and sample affidavits
and warrants. In addition, the Division of Criminal Justice will on an ongoing
basis publish training bulletins and case law updates to assist law enforcement
agencies and Designated Attorneys in complying with all legal requirements for
the issuance and execution of search warrants and the requirements of this
Directive. The Division of Criminal Justice shall also develop a training course
for all Assistant Attorneys General, Deputy Attorneys General, and Assistant
Prosecutors designated and authorized pursuant to this Directive to approve
search warrant applications.
24.

Authority of County Prosecutors to Impose
Supplemental Guidelines

Nothing in this Directive shall be construed in any way to preclude a
County Prosecutor from issuing directives or guidelines to the law enforcement
agencies within his or her jurisdiction setting forth additional procedural or
substantive rules concerning the issuance or execution of search warrants,
provided that any such directives or guidelines are not inconsistent with the
policies or principles set forth in this Directive.

Page 13
25.

Violations and Remedial Actions

All violations of the requirements of this Directive shall be reported
promptly to the Director of the Division of Criminal Justice, who shall be
authorized to conduct any appropriate investigation and to take such remedial
or disciplinary actions as may be necessary to enforce the terms, conditions,
principles and policies of this Directive. Strict adherence to the requirements
of this Directive shall be a condition of a law enforcement agency’s eligibility to
receive the proceeds of forfeited property disposed of and distributed pursuant
to N.J.S.A. 2C:64-6 and 2C:64-7, and any failure to comply with the terms of
this Directive shall be taken into account in the calculation of forfeitable assets
to be distributed among agencies that contributed to the surveillance,
investigation, arrest or prosecution resulting in a forfeiture. If any violation of
the terms of this Directive involves a breach of the secrecy requirements
generally set forth in R. 3:5-4, the Director of the Division of Criminal Justice
shall promptly notify the judge who issued the warrant so as to permit the
judge to determine whether any such violation constituted a contempt within
the meaning of R. 3:5-4.
26.

Enforcement by Third Parties

Nothing in this Directive shall be construed in any way to create any
rights or promises. Nor does this Directive vest enforcement rights in any
person claiming noncompliance or deviation from the policies, practices and
procedures described in this Directive.
27.

Establishment of Interagency Coordination Working Group

The Director of the Division of Criminal Justice shall establish and
maintain a working group comprised of representatives from the County
Prosecutor’s Association and other appropriate law enforcement and
prosecuting agencies or associations operating within the State of New Jersey,
including federal law enforcement agencies. This Working Group shall develop
and report to the Attorney General within 45 days of the effective date of this
Directive a plan for establishing a comprehensive system, using all available
resources and technologies, to ensure to the greatest extent possible that
information concerning criminal activities is appropriately shared by and
between law enforcement agencies, and to ensure to the great extent possible
that the investigative activities of any one agency do not conflict with or
jeopardize investigations or intelligence-gathering operations undertaken by
other law enforcement agencies.

Page 14
28.

Liberal Construction

The provisions of this Directive shall be liberally construed to achieve the
purposes set forth in the Preamble, and any questions concerning the meaning
or implementation of this Directive shall be addressed to the Director of the
Division of Criminal Justice.
29.

Effective Date

This Directive shall take effect on September 2, 2002, and shall be
binding upon all law enforcement agencies operating under the authority of the
laws of the State of New Jersey.

Dated: ________________________

__________________________________
David Samson
Attorney General

Attest: ________________________
Peter C. Harvey
First Assistant Attorney General
Director, Division of Criminal Justice

State of New Jersey
RICHARD J. CODEY
Acting Governor

OFFICE OF THE ATTORNEY GENERAL
DEPARTMENT OF LAW AND PUBLIC SAFETY
PO BOX 080
TRENTON, NJ 08625-0080

PETER C. HARVEY
Attorney General

MEMORANDUM

TO:

Sidney Casperson, Director
Office of Counter-Terrorism
Col. Rick Fuentes, Superintendent
New Jersey State Police
AAG Vaughn L. McKoy, Director
Division of Criminal Justice
Thomas J. O’Reilly, Administrator
Department of Law and Public Safety
All County Prosecutors

FROM:

Peter C. Harvey, Attorney General

DATE:

December 20, 2005

SUBJECT: Directive to Prevent Racial, Ethnic and Religious Profiling in
the Course of Conducting Counter-Terrorism Investigations
and Intelligence Collection
I have been evaluating several legal and policy questions regarding the
collection, handling and sharing of intelligence information that is used to support
New Jersey’s counter-terrorism efforts. Questions have been raised concerning
when and under what circumstances law enforcement and intelligence personnel,
including personnel assigned to the Office of Counter-Terrorism, may consider,
and are prohibited from considering, a person’s ethnicity or religious affiliation or
practices when determining whether the person is involved in terrorist activity.
The citizens of New Jersey rightfully expect that all lawful and appropriate means
will be used to thwart terrorists. Public confidence in the integrity, objectivity and

New Jersey Is An Equal Opportunity Employer " Printed on Recycled Paper and is Recyclable

Page 2

impartiality of the law enforcement community requires a clear policy that
prohibits law enforcement officials from relying to any extent on broad-brushed
ethnic or religious stereotypes in targeting individuals for law enforcement
scrutiny. The impermissible use of such stereotypes would ultimately undermine
our counter-terrorism efforts by alienating significant segments of our society,
thereby eroding public support for law enforcement efforts and denying us access
to valuable sources of information that are needed to identify and deter terrorist
organizations.
Pursuant to my authority as the Chief Law Enforcement Officer of the State
pursuant to the Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 et seq. I hereby
direct that the following actions be immediately taken:
1.

Official Non-discrimination Policy as Applied to Counter-Terrorism

a.
The non-discrimination policy prohibiting “racially-influenced
policing” set forth in Attorney General Law Enforcement Directive 2005-1 shall
apply to all sworn and unsworn personnel assigned to the Office of CounterTerrorism, and to any other law enforcement personnel operating under the
authority of State law to investigate, prosecute, or collect or analyze intelligence
information pertaining to terrorism. For purposes of the implementation of the
statewide non-discrimination policy, a person’s religious affiliation or any act that
constitutes a constitutionally-protected expression of religion shall be treated in
the same manner as law enforcement officers in this State are required to treat the
person’s race or ethnicity. Specifically, personnel assigned to the Office of
Counter-Terrorism and any other sworn or unsworn member of a law enforcement
agency operating under the authority of the laws of the State of New Jersey shall
not consider a person’s race, ethnicity, religious affiliation, or religious practice or
expression as a factor in drawing an inference or conclusion that the person may
be involved in terrorist activity, except when responding to a suspect or
investigation-specific “Be on The Lookout” (B.O.L.O.) situation as described in
Section 1b of this Directive and in the training provided to Office of CounterTerrorism personnel by the Division of Criminal Justice pursuant to Section 1c of
this Directive.

-2-

Page 3

b. Consistent with the provisions of Section 2b of Attorney General Law
Enforcement Directive 2005-1, nothing herein shall be construed in any way to
prohibit the Office of Counter-Terrorism or its officers or civilian employees, or any
other law enforcement personnel, from taking into account a person’s race,
ethnicity, religious affiliation, or religious practice or expression when such
factor(s) is/are used to identify or describe the physical characteristics of a
particular individual or individuals who is/are the subject of a law enforcement
investigation, or who is/are otherwise being sought by the Office of CounterTerrorism or any other law enforcement agency in furtherance of a specific
investigation or prosecution of a specific terrorist act, scheme, conspiracy or
organization.
c. The Division of Criminal Justice shall within 45 days of the effective date
of this Directive provide training on the policies established in this Directive to all
sworn personnel assigned to the Office of Counter-Terrorism, to all Office of
Counter-Terrorism intelligence analysts, whether sworn or unsworn, and to such
other civilian staff of the Office of Counter-Terrorism as may be appropriate. Any
person hereinafter detailed to or employed by the Office of Counter-Terrorism who
would have been required to undergo the foregoing training had he/she been so
detailed or employed on the effective date of this Directive shall undergo the
training described in this section within 5 days of being detailed to or employed
by the Office of Counter-Terrorism. Such training shall be made available to other
law enforcement officers to the extent it is not included in the racially-influenced
policing training described in Attorney General Law Enforcement Directive 2005-1.
2.

Promulgation of Investigation and Intelligence Collection Procedures

a. The Division of Criminal Justice, in consultation with the Office of
Counter-Terrorism, the New Jersey State Police, and the County Prosecutors, and
subject to the approval of the Attorney General or his/her designee, shall within
90 days of the effective date of this Directive prepare revisions to the 2004
Attorney General Guidelines on the Collection, Handling, Storage and
Dissemination of Intelligence in New Jersey (“the Revised Attorney General
Guidelines”). The Revised Attorney General Guidelines shall, among other things,
delineate investigation guidelines that specify when and how counter-terrorism
cases are to be opened. These guidelines shall define the permissible scope,
duration, subject matter and objectives of counter-terrorism investigations, and
shall explain when and under what circumstances various investigative
techniques are authorized and when investigators must obtain specific approval
-3-

Page 4

from designated superiors before employing certain investigative techniques. In
preparing the revised investigative guidelines, the Division of Criminal Justice
shall use as a reference and be guided by the United States Attorney General’s
“Guidelines on General Crimes, Racketeering Enterprise and Terrorism
Investigations,” and shall specify distinct procedures and standards for opening
and pursuing cases involving the following levels of investigative activity: (1)
prompt and extremely limited checking of initial leads, (2) preliminary inquiries,
and (3) full investigations. The investigation guidelines shall also include the
following requirements:
(i) reaffirm that no investigative activity of any type should ever be
undertaken based to any extent on racial, ethnic or religious stereotypes;
(ii) establish a preference for the use of the “least intrusive means”
reasonably available to complete the legitimate investigative objective whenever
any person’s constitutional rights are implicated;
(iii) authorize a “full investigation” only when facts or circumstances
“reasonably indicate that a crime has been, is being, or will be committed;”
(iv) require that a “preliminary inquiry” be promptly terminated when
it becomes apparent that a full investigation is not warranted, and
(v) provide that information collected pursuant to a “tips and leads”
or “preliminary inquiry” shall be purged after a reasonable period of time if
investigative activities fail to disclose information that would meet the reasonable
indication of criminal activity threshold necessary to initiate a full investigation.
b. The Revised Attorney General Guidelines shall provide a single and
comprehensive source of guidance for all law enforcement agencies operating
under the laws of the State of New Jersey concerning: (1) the nondiscrimination
policy established in Attorney General Law Enforcement Directive 2005-1 and this
Directive, and (2) the special rules governing intelligence collection, handling and
sharing activities that may implicate any person’s constitutional rights, described
more fully in Section 3 of this Directive.

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Page 5

c. Personnel assigned to the Office of Counter-Terrorism shall not seek
issuance of any grand jury subpoena, arrest warrant, communications data
warrant, search warrant, or electronic surveillance order without first obtaining
the approval of the Attorney General or the Director of the Division of Criminal
Justice.
3.

Policy and Procedures to Strengthen the Statewide Intelligence
Management System (SIMS) and Ensure Compliance With Applicable
Federal and State Regulations

a. No person assigned to the Office of Counter-Terrorism shall submit data
for entry into the Statewide Intelligence Management System (SIMS) unless such
data has been reviewed by a designated supervisor who has been trained in the
requirements of 28 C.F.R Part 23, and that supervisor has determined that the
information satisfies the data entry standards set forth in both 28 C.F.R. Part 23
and the 2004 Attorney General Guidelines on the Collection, Handling, Storage
and Dissemination of Intelligence in New Jersey, including as such guidelines may
be amended pursuant to Section 2 of this Directive. Special supervisory care shall
be taken whenever information proposed for entry into the SIMS system relates
to or references a person or organization who/that has not previously been
entered into the system. The Office of Counter-Terrorism, subject to the direction
and review of the Attorney General or his/her designee, shall establish
procedures to ensure that data proposed for entry into SIMS is subjected to
supervisory review as expeditiously as practicable.
b. All sworn personnel assigned to the Office of Counter-Terrorism, all
Office of Counter-Terrorism intelligence analysts, whether sworn or unsworn, and
such other civilian staff of the Office of Counter-Terrorism as may be appropriate
shall within 60 days of the effective date of this Directive receive specialized
training on the standards for submitting information into SIMS. The Office of the
Attorney General shall take steps to develop this training program in consultation
with the United States Department of Justice, Bureau of Justice Assistance
and/or the Institute for Intergovernmental Research. The training program shall
address the key components and concepts articulated in 28 C.F.R Part 23. The
training shall emphasize the need for adequate documentation so that a
supervisor can reliably determine whether the information proposed for
submission into SIMS meets all applicable data entry criteria.
c. The New Jersey State Police shall within 45 days of the effective date of
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Page 6

this Directive review the operating procedures for SIMS and shall take steps to
make certain that, other than as may be necessary for routine system
management and maintenance, no individual or unit of a law enforcement agency
shall have access to or in any way operationally use information other than as
may be authorized pursuant to the security grading level that has been assigned
in the first instance by the agency that had submitted the information. The New
Jersey State Police will make certain that the scope and membership of all
security groups is clearly defined, and that members of the security group are
aware of the identity of all other persons and law enforcement units that are
members of that security group.
d. All SIMS users shall be required to make a notation in the narrative
portion of their reports whenever the name of any individual or organization
referenced in the report represents only non-criminal identifying information.
Following consultation by the Attorney General with the Justice Department, all
SIMS users shall be provided training on how to properly identify and label noncriminal identifying information that may be contained in the narrative text of
information submissions.
4.

Independent Review to Ensure Compliance With This Directive

One or more Assistant or Deputy Attorneys General, and such other staff
as may be appropriate, shall be assigned to review and monitor compliance with
the provisions of this Directive. The Assistant or Deputy Attorney General in
charge of the review function shall report directly to the Attorney General, or to
such person as the Attorney General may designate, and shall be provided with
complete access to all pertinent Office of Counter-Terrorism and Division of State
Police intelligence information, files, and other materials and information as may
be necessary to efficiently and effectively perform the compliance monitoring
function. The Assistant or Deputy Attorney General-In-Charge shall report to the
Attorney General on not less than a quarterly basis as to the implementation of
this Directive.

-6-

COMPANION GUIDE

by Ron Susswein
Assistant Attorney General
Deputy Director, Major Crimes
Division of Criminal Justice

TABLE OF CONTENTS
PART I

UNDERSTANDING THE NATURE AND SCOPE OF THE RACIAL
PROFILING PROBLEM

UNIT 1: SCOPE AND PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
UNIT 2: VIDEO SCENARIO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-5
UNIT 3: THE OBVIOUS AND HIDDEN COSTS OF RACIAL PROFILING . . . . . . . 6-11
3.1

The Widespread Alienation of Law-Abiding Citizens . . . . . . . . . . . . . . . 6-7

3.2

The Invocation of the Exclusionary Rule . . . . . . . . . . . . . . . . . . . . . . . . . 7

3.3

The Prospect of Civil Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-8

3.4

The Adverse Impact on Search and Seizure Law . . . . . . . . . . . . . . . . 8-9

3.5

The Loss of Public Support and Sources of Intelligence
Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-10

3.6

The Advent of “Defensive Policing” and “De-Policing” . . . . . . . . . . . . . . 10

3.7

The Unnecessary Risks Posed to Officer Safety . . . . . . . . . . . . . . . 10-11

UNIT 4: EXERCISING DISCRETION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-14
UNIT 5: SETTING LIMITS ON THE EXERCISE OF POLICE DISCRETION:
IMPOSING BOUNDARIES AND ERECTING BARRIERS TO
PREVENT ABUSES OF DISCRETION . . . . . . . . . . . . . . . . . . . . . . . . . . 15-19
5.1

Distinct Rights are Defined in Distinct Provisions of the
Federal and State Constitutions . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-19

UNIT 6: WHAT IS RACIAL PROFILING? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-33
6.1

Distinguishing “Racial Profiling” From Legitimate “Profiling” . . . . . . . 20-22

6.2

Inadequate and Misleading Definitions of Racial Profiling . . . . . . . . . 22-23

6.3

Embracing a More Precise and Comprehensive Term:
“Racially-Influenced Policing” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-24

6.4

Recognizing That Different Definitions and Rules of Police
Conduct are Sometimes Used in Other Jurisdictions . . . . . . . . . . . . 24-26

6.5

The Legal and Policy Basis for the New Jersey Rule That
Generally Prohibits Any Consideration of Race or Ethnicity . . . . . . . 27-29

6.6

The “Strict Scrutiny” Test When Race or Ethnicity is Considered
by Police . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-31

6.7

Official Deprivation of Civil Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . 31-33

UNIT 7: REPUDIATING THE MYTH THAT ONLY RACISTS ENGAGE IN
RACIAL PROFILING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-37
PART II

APPLYING THE RULE PROHIBITING “RACIALLY-INFLUENCED
POLICING”

UNIT 8: THE BASIC NON-DISCRIMINATION RULE IN A NUTSHELL . . . . . . . . 38-44
8.1

When Clothing or Manner of Dress May be Considered
to be a Form of Conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-41

8.2

The Basic Non-Discrimination Rule Applies to All Police Decisions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41-42

8.3

Police are Prohibited from Targeting Persons for Enhanced
Scrutiny Based on Race or Ethnicity, Not From Targeting
Places for Enhanced Scrutiny Based on Crime Patterns . . . . . . . . . 42-44

UNIT 9:

THE “B.O.L.O. EXCEPTION:” USING RACE OR ETHNICITY
WHEN LOOKING FOR SPECIFIC INDIVIDUALS . . . . . . . . . . . . . . 45-59

9.1

Using Race or Ethnicity to Describe and Identify Specific Persons
Being Sought by Law Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . 45-53

9.2

The Legitimate Use of Race or Ethnicity to Pursue Specific
Suspects or “Leads” During the Course Of a Particular
Criminal Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54-59

UNIT 10: THE GANG PROBLEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60-64
UNIT 11: SOME SPECIFIC EXAMPLES OF RACIALLY-INFLUENCED
POLICING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65-70
11.1

Persons Who Appear to be “Out of Place” . . . . . . . . . . . . . . . . . . . . 65-69

11.2

Interracial Groups
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

11.3

Persons Who Do Not Appear to “Fit” their Vehicles . . . . . . . . . . . . . 69-70

PART III

UNDERSTANDING THE NATURE AND PECULIARITIES OF
SELECTIVE ENFORCEMENT LITIGATION

UNIT 12: HOW COURTS AND PROSECUTORS ADDRESS RACIAL
PROFILING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71-79
12.1

The Role of Prosecutors in Screening Cases and Anticipating
Litigation Problems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71-73

12.2

The Role of “Reviewing” Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

12.3

The “Motion Picture” Analogy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73-75

12.4

Making Comparisons to Infer Purposeful Discrimination
or a “De Facto” Agency Policy to Discriminate . . . . . . . . . . . . . . . . . 75-78

12.5

The “Burden Shifting Template” . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78-79

UNIT 13: MEETING THE BURDEN OF PRODUCTION: THE IMPORTANCE
OF DOCUMENTATION AND REPORT-WRITING . . . . . . . . . . . . . . . 80-109
13.1

Deviations from Routine or Normal Practice . . . . . . . . . . . . . . . . . . . 82-83

13.2

Judicial Skepticism About High Discretion Encounters
. . . . . . . . . . . . . . . . 83-87

13.3

Judicial Skepticism About “Digging” for Evidence of
Criminality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-93

13.4

Judicial Skepticism About the Consent-to-Search Doctrine . . . . . . . 93-94

13.5

Judicial Skepticism About Posing Probing or “Accusatorial”
Questions and Eliciting “Inconsistent Statements” . . . . . . . . . . . . . 94-104

13.6

Judicial Concerns About Misuse of the Frisk Doctrine . . . . . . . . . 104-106

13.7

Judicial Skepticism About Overreliance on “Nervousness”
and “Furtive Movements” as Suspicion Factors . . . . . . . . . . . . . . 106-109

UNIT 14: INCONSISTENT OR INACCURATE POLICE REPORTS AND
TESTIMONY AS A TRIGGER FOR JUDICIAL SCRUTINY . . . . . . . . 110-117
14.1

The Need for Precision, Accuracy and Thoroughness . . . . . . . . . 110-111

14.2

Inconsistencies in Multiple Reports . . . . . . . . . . . . . . . . . . . . . . . . 111-112

14.3

Case Study: State v. Segars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112-116

-i-

14.4

Synopsis: Quality Police Reports as a Counterweight
to Discrimination Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116-117

UNIT 15: PROBING AN OFFICER’S MENTAL PROCESSES . . . . . . . . . . . . . 118-130
15.1

The Rules Concerning “Pretext” Stops . . . . . . . . . . . . . . . . . . . . . 119-130

UNIT 16: THE USE AND MISUSE OF STATISTICS . . . . . . . . . . . . . . . . . . . . 131-137
16.1

The Use of Statistics to try to Justify Racially-Influenced
Policing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131-135

16.2

The Use of Statistics to Prove Racially-Influenced Policing . . . . . 135-137

UNIT 17: THE ROLE OF POLICE EXECUTIVES AND SUPERVISORS . . . . . 138-142
17.1

Police Chiefs and Executives: Setting Good Policy and
Setting a Good Example . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138-140

17.2

Supervisors: The First Line of Defense Against Discriminatory
Policing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140-142

UNIT 18: RACIALLY-INFLUENCED POLICING AFTER 9/11 . . . . . . . . . . . . . 143-151
18.1

The Basic Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143-144

18.2

Behavioral (Race/Ethnicity-Neutral) Profiles or
“Screening Systems” of Possible Terrorists . . . . . . . . . . . . . . . . . 144-148

18.3

The B.O.L.O. Exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148-151

PART IV

SUMMING UP

UNIT 19: REVISITING THE VIDEO SCENARIO . . . . . . . . . . . . . . . . . . . . . . . . 152-159

APPENDIX
Attorney General Law Enforcement Directive No. 2005-1 Establishing An Official Statewide
Policy Defining and Prohibiting the Practice of “Racially-Influenced Policing”

-ii-

PART I

UNDERSTANDING THE NATURE AND SCOPE OF THE RACIAL
PROFILING PROBLEM
UNIT 1: SCOPE AND PURPOSE

In this course, we will discuss the law and policy that explains when and under what
circumstances a police officer is prohibited from considering an individual’s race or ethnicity
in deciding how to exercise police discretion. This is not a course about cultural diversity,
or about how to communicate effectively with citizens of different colors, from different
cultures, or whose primary language is other than English. Those are all critically important
subjects, but our topic is more narrowly focused: the law and legal principles about “racial
profiling.” There are many different terms and phrases that have been used in court
proceedings to describe the police practice that is the focus of our attention. These
include, “Racial Targeting,” “Selective Enforcement,” “Disparate Treatment,” “Discriminatory
Policing,” and “Purposeful Discrimination.”
This course was designed for use by every police department and every police
officer throughout the State of New Jersey. Even if your department has to date managed
to avoid a racial profiling claim or lawsuit, you will benefit by understanding the rules and
how they will be applied by the courts in New Jersey. In other words, this course can help
to innoculate departments and officers against future claims of discrimination.
What will make this course particularly challenging is that we will be using a
nontraditional approach to legal training. It is not enough for law enforcement officers to
be able to recite by rote a list of specific rules that were announced in a string of published
cases. For this reason, we will be delving more deeply into the subject by examining a
number of scenarios and by exploring why the published court cases were decided as they
were. Sometimes these reasons are disturbing to us, but as law enforcement
professionals, you must understand the reasons underlying court decisions, even if you do
not agree with all of those decisions. By understanding the specific concerns that have
been expressed by courts, law enforcement officers will be better able to anticipate and
comply with constitutional requirements as the law of racially-influenced policing continues
to evolve, as it surely will.

-1-

-2-

UNIT 2: VIDEO SCENARIO
The DVD presentation of this course begins with an examination of a two-minute
vignette that was produced a number of years ago by the Anti-Defamation League. This
short video was played at a Law Enforcement Summit that was held in New Jersey in 1998.
The scenario unfolds as follows:
Two Caucasian police officers are in a marked police vehicle patrolling a quiet
residential street. It is obviously an extremely affluent suburban neighborhood, as
evidenced by the large, well-maintained homes. There is no other traffic on the street.
One of the officers notices a red car parked at the curb. It is the only parked vehicle in
sight. There are two African-American males (as it turns out, father and adolescent son),
sitting in the vehicle. The following conversation between the officers ensues:
Officer #1:

“Quiet day, huh?”

Officer #2:

“Hey, did you notice that?”

Officer #1:

“What?”

Officer #2:

“Those two black guys in the Toyota?”

Officer #1:

“That’s unusual isn’t it?”

Officer #2:

“Sure is around here. I just want to check on the car just to be safe.”

Officer #1:

“You call it in and I’ll check it out.”

The police vehicle makes a U-turn and pulls up behind the parked Toyota. The
officers do not activate the police vehicle’s overhead or “wig-wag” lights. Officer #1 steps
out of the police vehicle and approaches the male sitting in the driver’s seat of the parked
Toyota. Officer #2 remains in the police vehicle. Officer #1 engages the person in the
driver’s seat (the father) in the following conversation:
Officer #1:

“Anything I can do for you guys?”

Father:

“No. That’s okay.”

Officer #1:

“Do you live around here?”

Father:

“No we don’t.”

-3-

Officer #1:

“Would you please get out of the car?”

Father:

“Why?”

Officer #1:

“Please, get out of the car. Do you have some identification? Why
are you parked here?”

The father gets out of the vehicle and produces an operator’s license from his sports
jacket inside pocket. He provides the license to Officer #1.
Father:

“Look officer, my son and I are just waiting for someone. What’s the
problem?”

Officer #1:

“No problem.”

Officer #1 examines the license and looks at the driver, apparently to confirm that
he matches the information on the license. Officer #2 has now approached the Toyota
after having communicated with the police dispatcher.
Officer #2:

“The car is fine.”

Officer #1:

“Okay. Just a routine check.”

Father:

“Yeah, routine.”

Officer #2:

“What’s he getting upset about?”

Officer #1:

“I don’t know. No harm done.”

The two officers return to the police vehicle.
exasperation and says:

The son turns to his father in

Son:

“We should report them.”

Father:

“For what?”

Son:

“I don’t know.”

Father:

“Hey, forget it. It does make you mad though, doesn’t it. I guess they
just wanted to know why we were here.”

Son:

“I didn’t know we needed a reason.”
The father appears to be mortified by the implications of his son’s last comment.

-4-

***
We start our examination of New Jersey law and policy with what would seem to be
a very straightforward question. Does this scenario present an example of “racial
profiling”? Which of the following statements most closely matches your own impression
of the police conduct that occurred during this brief encounter:
(1)

This was good police work. The officers would have
been derelict in their duty had they not investigated the
situation as they did.

(2)

We need more information before we can decide
whether or not this was good police work as opposed to
inappropriate police work.

(3)

The officers in this scenario had their hearts in the right
place, but used questionable judgment. The situation
could have been handled better.

(4)

This was an example of racial profiling. It appears that
the officers in this scenario discriminated against the
two minority citizens.

In Unit 19, we will revisit this scenario and examine it more closely to understand
exactly why you reached whatever conclusion you did.

-5-

-6-

UNIT 3: THE OBVIOUS AND HIDDEN COSTS OF RACIAL PROFILING
Before we delve into the intricacies of New Jersey’s laws and policies against police
discrimination, it is important to understand why it is so important for police officers to know,
understand and follow the rules set by the courts that limit our authority. To fully appreciate
the importance and complexity of our topic, we first need to consider some of the
unfortunate byproducts of the racial profiling controversy. We must examine, in other
words, some of the hidden as well as obvious costs that are exacted when police rely on
race or ethnicity when exercising their discretion.
3.1

The Widespread Alienation of Law-Abiding Citizens

There is at least one point on which everyone agrees: the racial profiling controversy
has left countless citizens – and countless police officers – angry and frustrated.
There are numerous accounts of young men and women of color who have been
stopped time and again by police officers for the most minor motor vehicle violations. In
fact, this particular circumstance has led some to refer to the practice of racial profiling as
“Driving While Black.” Many minority youth today expect to be stopped repeatedly by police
officers, and NOBLE, the National Organization of Black Law Enforcement Executives, has
actually published training materials for young men and women of color, teaching them
what to do during their repeated encounters with police officers.
This phenomenon is not limited to minority adolescents and young adults. There are
countless stories of more mature minority citizens, including minority ministers and police
officers, who have been stopped repeatedly by police, especially when operating expensive
vehicles or driving through non-minority neighborhoods.
In many instances, these minority citizens were not issued a ticket. Some law
enforcement officers might therefore question what these motorists are complaining about,
since they did not receive a summons. It is all too easy to sit back and invoke what is
essentially a “no harm, no foul” rule.

-7-

What we can too easily fail to appreciate, however, is that there is a harm suffered
in these police-citizen encounters. The very fact that an officer elected not to issue a ticket
might not be viewed as a “courtesy” or benefit extended to the motorist, but rather as proof
that there had been no valid reason for initiating the motor vehicle stop in the first place,
and that this had been a so-called “pretext” stop. (We will discuss pretext stops in more
detail in Unit 15.1.)
That perception is compounded when an officer does not bother to explain to the
motorist the true reason for the stop. (Taking the time to explain the reasons for the
exercise of police discretion is one of the best ways to defuse a potentially confrontational
or volatile situation. This simple precaution can help to avoid misunderstandings that might
lead an angry citizen to lodge a complaint against a police officer, and this simple courtesy
also serves to minimize the risk that the citizen might act out in frustration in a manner that
puts both the citizen and the officer at greater risk of physical harm.)
3.2

The Invocation of the Exclusionary Rule

A claim of racial profiling can result in the suppression of relevant physical evidence
or incriminating statements. When this happens, factually-guilty defendants may escape
conviction and punishment. Moreover, the overwhelming majority of criminal cases are
disposed of by means of a plea bargain, rather than a jury trial. In fact, in New Jersey,
roughly 97% of all of our convictions for indictable crimes come by way of a plea agreement
as opposed to a trial. As part of the plea-bargaining process, a prosecutor may undervalue
or even dismiss outright a provable criminal case because the prosecutor anticipates that
critical evidence may be suppressed as a result of a racial profiling claim. (We will discuss
this case screening process in more detail in Unit 12.1.)
3.3

The Prospect of Civil Liability

Racial profiling claims can be raised in two distinct types of court actions: criminal
prosecutions and civil law suits. In criminal cases, defendants seek to suppress evidence
of their guilt – usually illicit drugs or weapons that were found during a motor vehicle
search. In civil cases, sometimes referred to as “1983" or “civil rights” actions, plaintiffs
may ask for injunctive relief – a court order prohibiting the police from repeating the illegal
conduct – or may seek monetary awards. See 42 U.S.C. § 1983. Police officers and their
departments, in other words, can be sued based on a claim of racial profiling. Countless
taxpayer dollars are spent defending or settling these lawsuits -- money that could be better
spent to benefit the law enforcement community by providing much-needed equipment and
other resources.
3.4

The Adverse Impact on Search and Seizure Law

The racial profiling controversy has prompted courts to develop strict new rules that
limit the authority of law enforcement officers to conduct investigations. Although most of

-8-

these new rules are technically grounded in the Fourth Amendment of the United States
Constitution, or in its state constitutional counterpart, Article 1, paragraph 7, in many
instances, the ghostly specter of racial profiling is lurking just beneath the surface of the
court’s reasoning. Even in cases where the issue of racial profiling was not expressly
litigated, courts have imposed new restrictions on the exercise of police discretion in an
effort to address the racial profiling problem. See, e.g., State v. Carty, 170 N.J. 632 (2002)
(New Jersey Supreme Court held that under the State Constitution, unless there is a
reasonable and articulable basis beyond the initial valid motor vehicle stop to continue the
detention after completion of the valid traffic stop, any further detention to effectuate a
consent search is unconstitutional).
In addition to imposing new rules of law and procedure, some courts have also
become more skeptical and probing of police officers, sometimes openly doubting their
credibility as witnesses. (In Unit 13, we will discuss certain types of recurring situations
when reviewing courts are likely to be more skeptical of police.)
There are a number of things that police departments and officers can do to address
this problem. By way of example, when an agency equips its vehicles with Mobile Video
Recorders (MVRs), an objective and virtually unasailable record is made of the policecitizen encounter. This technology serves not only to deter police misconduct, but as
importantly serves to protect law enforcement officers by verifying their accounts and by
repudiating false claims of misconduct that are sometimes made against police officers by
disgruntled defendants who are willing to lie to try to gain an unfair advantage in the plea
bargaining process.
While MVRs can accurately document what exactly happened during an encounter,
they might not necessarily always establish why police officers made the decisions they
made. (Of course, when the audio portion of an MVR tape captures an officer “talking
through” his or her reasoning process, then we have an excellent record of the officer’s
“present sense impressions,” which can be used not only to explain the officer’s reasoning
process, but also to repudiate any allegation that the officer “made up” facts when later
filling out a report to justify the decisions the officer had made before finding any
contraband that is now the subject of a motion to suppress evidence.)
As we will see in Unit 13, one of the keys to responding to (and preventing)
allegations of so-called “testilying” by law enforcement officers is to ensure the quality,
accuracy and thoroughness of police reports. For our present purposes, the key point to
understand is that judicial skepticism about police credibility and veracity has been fueled
by the perception of some judges that some police officers are basing their decisions on
impermissible factors. This has prompted judges to be more exacting in requiring officers
to explain in detail the actual, legitimate reasons for their on-the-scene decisions.

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3.5

The Loss of Public Support and Valuable Sources of Intelligence
Information

We have already discussed circumstances where some citizens have become
mistrustful of the law enforcement community. These citizens and their family members
and friends are less likely to support law enforcement efforts. It is both ironic and
regrettable that in our zeal to attack the nation’s drug problem by trying to interdict drugs,
we may inadvertently have alienated large segments of our society who might otherwise
have provided valuable information to law enforcement authorities. In other words, in our
efforts to choke off the supply of drugs, we may have unwittingly choked off our supply of
the kind of information or “tips” that we need in order to target our resources and
apprehend the most dangerous and predatory drug traffickers.
Aside from losing out on potential sources of information, the erosion of community
trust that results from racially-influenced policing can undermine our law enforcement and
prosecution efforts in other ways. For example, some jurors are mistrustful of law
enforcement officers, and are less willing today to accept the credibility of police witnesses.
Law enforcement officers must always be mindful that every citizen they encounter is a
potential juror, and that if an officer does anything during an encounter to make that citizen
(or the citizen’s close friends and relatives) mistrustful of police, this may effect that
citizen’s judgment at some future time when he or she is called upon to serve as a member
of a jury and must judge the credibility of police witnesses in a criminal prosecution.
3.6

The Advent of “Defensive Policing” and “De-Policing”

As a result of the racial profiling controversy, many police officers today are chilled
from vigilantly enforcing our criminal laws because they are not certain about where the
legal lines are drawn. Some officers have also lost confidence in their superiors,
prosecutors and judges. These officers have come to believe that it is in their best
personal and professional interest simply to look the other way, ignoring legitimate and
constitutionally permissible indications of criminal activity because they are afraid of being
accused of engaging in racial profiling. This form of timidity is sometimes referred to as
“de-policing.” When this happens, dangerous criminals may escape identification and
apprehension.
3.7

The Unnecessary Risks Posed to Officer Safety

Finally, and perhaps most importantly, the racial profiling controversy poses a direct
and immediate threat to the safety of every police officer out on the street. Police officers
and their superiors, and prosecutors as well, must never forget that “Rule #1" of policing
is that at the end of an officer’s tour of duty, he or she is to go home safe and sound.
Officers are not to wind up in a hospital, or a morgue. The problem for our present
purposes, however, is that when a citizen is fearful or mistrustful of police, that citizen
during an inherently stressful and emotional encounter with a police officer is more likely

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to be inclined to “fight” or to “flee.” These are the two types of citizen conduct that pose the
greatest risk of physical injury or death to a police officer.
Always remember that when officers take steps during an encounter to defuse or
cool down a potentially volatile situation -- such as by patiently explaining the legitimate
reasons for their decisions – they are reducing the risk that a citizen might misperceive the
situation and over-react. By the same token, when our law enforcement community as a
whole embraces policies that are designed to restore trust and confidence among all
segments of our society, we enhance officer safety and thus actively promote Rule #1 of
police work.
The remainder of this course will be dedicated to showing you how you can take
steps that will increase the odds that at the end of each and every duty shift, you will go
home safe and sound. The goal is to protect you from all sorts of harm: physical harm
(injury or death) as well as legal harm (racial discrimination complaints, internal
investigations, lawsuits, and lost or devalued criminal prosecutions.)

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UNIT 4: EXERCISING DISCRETION
Effective policing is all about exercising sound and judicious discretion. Each day,
a law enforcement officer is required to make a seemingly endless series of split-second
decisions. Some of these decisions are routine or even mundane, such as which street to
patrol next, who to pull over, and whether to issue a ticket or just a warning. Other
situations may involve the most urgent, life-threatening decisions, such as whether to
initiate a high speed pursuit, or whether to use deadly force.
Because law enforcement officers have to make so many decisions each day, more
often than not, they are not consciously aware that they are making decisions at all, and
when that happens, it is easy to lose sight of the fact that those decisions could have
profound practical as well as legal consequences. The greatest danger in policing occurs
when law enforcement officers in the field are not thinking consciously about what they are
doing.
In Unit 5, we will discuss how (and why) the courts have imposed limits on the
exercise of police discretion, and how courts go about reviewing the decisions that are
made “in the field” by law enforcement officers. But first, we need to step back and review
our own conduct, asking ourselves how and why we make the decisions that we make.
Consider the following situation. You are on patrol in a marked police car. You are
in between calls for service, and part of your duty assignment is to enforce motor vehicle
laws. You see three cars, all traveling at the same speed well in excess of the posted
speed limit. You know from your Fourth Amendment training that you are authorized to
stop any of these vehicles for speeding, but as a practical matter, you can only pull over
one of the cars, allowing the other two violators to go on.
Which vehicle do you select to pull over? A vehicle in the “fast” lane, or one in the
“slow” lane? The closest one? The first driver to see you and apply his brakes? The
vehicle with any other Title 39 violations, such as an equipment violation? The oldest
vehicle? The newest one? The one with the most occupants? The one with the fewest
occupants? The sports car? The sedan or the minivan or the SUV?
As a practical matter, police officers rarely act “randomly” in making this kind of
selection. (An example of truly random selection would be if you were to roll dice and allow
the result of the dice roll to dictate which vehicle would be pulled over.) Rather, in the real
world, there had to be some reason or reasons that led you to select a particular vehicle
from among the universe of vehicles that were violating the law and that were thus subject
to a lawful stop under the Fourth Amendment.
Let us consider another example involving yet another step in the unfolding
sequence of events that occur during a typical motor vehicle stop. Suppose that you pick
one of the vehicles to pull over, you maneuver behind that vehicle and activate your

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overhead and “takedown” lights. The motorist dutifully responds by pulling off to the side
of the road. You pull behind the stopped vehicle, approach the driver and ask him to
produce his driving credentials. At this point in the encounter, are you allowed to order the
driver to exit the vehicle?
The answer is yes. Under both state and federal law, you are allowed to order the
driver of a lawfully stopped vehicle to step out, so long as this can be done safely. See
State v. Smith, 134 N.J. 599 (1994). (In New Jersey, the rule is different with respect to
passengers, but let us confine our present discussion to the driver.) This particular decision
(ordering a driver to exit the vehicle) does not amount to a new, separate intrusion upon
Fourth Amendment liberty or privacy rights, and thus does not have legal significance under
the Fourth Amendment or its state constitutional analog. For this reason, you are not
required to meet any particular standard of proof (such as “articulable facts warranting
heightened caution,” “reasonable articulable suspicion” or “probable cause”) before you
may order the driver to step out (assuming, of course, that the initial stop was lawful).
But just because you are authorized to order the driver out does not mean that you
will actually do that in every case. In the real world, police officers exercise discretion in
deciding whether to take advantage of their legal authority to order all drivers to step out.
What factors or criteria will you use in exercising this form of discretion? As we will
see in Unit 5, although the decision to order a driver out of a vehicle has no legal
significance under the Fourth Amendment, this exercise of police discretion does have legal
significance under another constitutional provision: the Equal Protection Clause of the
Fourteenth Amendment. Indeed, as we will see, the Fourteenth Amendment right to the
equal protection of the laws applies to every police decision.
When asked to explain why they made the choices that they made, officers will often
answer that their decision was “based on training and experience.” But saying that one
was relying on “training and experience” does not answer the question with any degree of
precision. The logical follow-up question, of course, will be what exactly in your training
and experience led you to draw the inference you drew, or to make the choice that you
made? When an officer is unable to be precise in answering those questions, reviewing
courts are more likely to be skeptical, and are more likely to wonder whether the exercise
of discretion was based on a hunch or gut feeling that, in turn, may have been based on
or at least influenced by an impermissible factor.
The bottom line is that police officers should not have to be thinking twice about the
split-second decisions they have to make “on the fly” during an encounter with a private
citizen. But officers do need you to be thinking once about what they are doing, and why
they are doing it.

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UNIT 5:

SETTING LIMITS ON THE EXERCISE OF POLICE DISCRETION:
IMPOSING BOUNDARIES AND ERECTING BARRIERS TO PREVENT
ABUSES OF DISCRETION

Having established that policing is all about exercising discretion, we must next
recognize that it is the role and responsibility of courts to review the exercise of police
discretion. When doing so, courts will be looking for abuses of discretion, that is, they will
try to hone in on decisions made by police officers that were based on inadequate reasons,
or that seem to be based upon impermissible reasons.
As we undertake our careful examination of the law of racial profiling and its
relationship to the law of arrest, search and seizure, we begin with a candid recognition that
as a matter of human nature, no one likes to be second-guessed by others, just as no one
likes to have their discretion curtailed, in part because this implies that we have exercised
poor judgment in the past and that we cannot be completely trusted to do our job and make
good judgments in the future.
Of course, police officers are by no means the only actors in the criminal justice
system who routinely have their decisions reviewed (and sometimes criticized) by others.
Appellate courts, after all, exist precisely to review the decisions made by trial court judges,
and a lower court ruling may be overturned (sometimes in a published opinion) when an
appellate court finds that the trial court made a mistake or abused the exercise of judicial
discretion.
It is important for law enforcement officers to understand that the Federal and State
Constitutions are designed to prevent abuses of power by imposing limits on the authority
of the government, including law enforcement. These Constitutions achieve the goal of
protecting citizens’ civil rights by setting boundaries and by erecting barriers, limiting police
discretion.
For example, the Fourth Amendment safeguards the right of liberty (the right of
freedom of movement and to be left alone by government agents) and the right of privacy
(the right to keep the government from “peeking, poking or prying” into your personal life,
your physical body, your property, homestead and personal effects). It does so by erecting
obstacles that can only be overcome when the government is able to meet a certain legal
standard or “level of proof.” These levels of proof include: “articulable facts warranting
heightened caution;” “reasonable articulable suspicion to believe that criminal activity is
afoot;” “reasonable articulable suspicion to believe that a person is armed and dangerous;”
“probable cause;” “preponderance of the evidence;” “clear and convincing evidence;” and
“proof beyond a reasonable doubt.” The greater the degree of intrusion on a protected
right, the higher the evidential standard the government must meet in order to justify that
intrusion.

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By way of example, you are not allowed to “seize” or “detain” a motorist or
pedestrian (i.e., order him or her to “stop”) unless you are aware of facts constituting a
“reasonable articulable suspicion” to believe that unlawful activity is occurring. (An
observed motor vehicle violation generally satisfies this standard, so that when you
observe a motor vehicle violation, you are able to lawfully initiate the stop and briefly detain
the vehicle and driver.)
After the stop is initiated, there are many other decisions or steps in the course of
the unfolding police-citizen encounter, and some of these decisions involve additional or
incrementally greater intrusions on the detained citizen’s constitutional rights, requiring you
to satisfy other legal tests. During the course of the stop or so-called “investigative
detention,” for example, you would not be allowed to conduct a protective patdown or “frisk”
of the citizen for weapons unless you are aware of facts that satisfy the legal standard for
justifying a frisk, that is, reasonable articulable suspicion to believe that this individual may
be carrying a weapon.
The key to successfully complying with the Fourth Amendment lies in (1) knowing
which level of proof applies to various police decisions, and (2) being able to determine on
a case-by-case basis whether you have established an adequate factual basis to satisfy
the applicable legal standard.
5.1
Distinct Rights are Defined in Distinct Provisions of the Federal
and State Constitutions
The United States Constitution provides only the minimum “floor” of constitutional
protections that are afforded to everyone in America. See State v. Hempele, 120 N.J. 182,
197 (1990). The New Jersey Supreme Court is free to interpret our State Constitution to
provide people in New Jersey with greater protections, and so the New Jersey Supreme
Court is authorized to impose stricter rules for New Jersey law enforcement officers to
follow than would apply to federal law enforcement officers, or to police officers in other
jurisdictions.
In fact, the New Jersey Supreme Court in recent years has “diverged” from United
States Supreme Court precedent on a number of occasions. See State v. Pierce, 136 N.J.
184, 209 (1994) (referring to the “steadily evolving commitment” by our state courts to
provide citizens enhanced protections under the New Jersey Constitution). The critical
point, of course, is that New Jersey law enforcement officers must know and comply with
the stricter rules that have been issued by the New Jersey Supreme Court.
It is also important to understand that private citizens enjoy a number of different and
distinct constitutional rights that are codified in different provisions in the text of the United
States and New Jersey Constitutions. For example, the Fourth Amendment (and its
counterpart, Article 1, paragraph 7 of the New Jersey Constitution of 1947) protects citizens
from unreasonable searches and seizures.

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The Fifth Amendment guarantees that citizens may not be compelled to incriminate
themselves. The Sixth Amendment of the United States Constitution, meanwhile,
guarantees, among other things, the right of citizens to the assistance of legal counsel at
all important criminal justice proceedings. The combination and interplay of these Fifth and
Sixth Amendment rights defines the law of police interrogations, and is the basis for the
Miranda rule, which requires police officers to advise citizens of certain constitutional rights
before police may lawfully initiate a “custodial interrogation.”
The Fourteenth Amendment of the United States Constitution, meanwhile,
guarantees, among other things, the right of all persons to the “equal protection of the
laws.” This particular constitutional right, which is the centerpiece of this training course,
ensures that people are not treated differently by the government and its agents on the
basis of impermissible or so-called “suspect” criteria, such as race or ethnicity.
Here we can begin to see how the inherent differences between these substantive
rights have led courts to develop distinct rules limiting the exercise of police discretion, and
distinct ways in which the courts will go about determining whether a given constitutional
right was violated. As we have already seen, a court trying to determine whether police
respected a person’s Fourth Amendment rights will examine the weight to be given a fact
or suite of facts needed to justify the police conduct, asking whether those facts add up to
satisfy the required “level of proof.” (This “adding up” process is literally referred to as the
“totality of the circumstances.”).
Under the Fourteenth Amendment, the court’s analysis will be different. The court
will be concerned with whether the officer was allowed to consider a given fact at all. (The
fact at issue is the person’s race or apparent ethnicity.) Consideration of an impermissible
fact, in other words, can taint or “poison” the decision-making process.
Here again we see how courts will address two distinct questions in deciding
whether police officers abused their discretion: did the officers rely upon inadequate
reasons to justify their decision? (a Fourth Amendment question), and did the officers rely
upon an impermissible reason? (a Fourteenth Amendment question).
Note that both Fourth and Fourteenth Amendment legal inquiries may arise in the
same court proceeding examining a single encounter between a police officer and a private
citizen. Judges are expected to keep the different analytical strands of constitutional law
separate, and so are police officers. We will throughout this course examine in detail
exactly how reviewing courts will apply the various specific legal standards and rules of
police conduct that arise under the various provisions and features of the United States and
New Jersey Constitutions. For our present purpose, the key point to understand is that it
is possible to violate one of these various constitutional rights, while not necessarily
violating all of them at once.
Note, of course, that any constitutional violation could lead to the suppression of

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evidence. It is no defense in a suppression hearing that while the officer violated the Fourth
Amendment, he or she did not also violate the Fourteenth Amendment Equal Protection
Clause. The Fourth Amendment violation by itself is enough to result in the suppression
of any evidence that was a “fruit” of the violation. The same is true, of course, when the
officer complies with the Fourth Amendment but violates the Fourteenth Amendment.
It is hardly a new idea that law enforcement officers must comply with a suite of
separate rules of conduct derived from different parts of the Constitution. It was always
understood, for example, that if a police officer makes an unlawful arrest (for example, an
arrest that is not based upon probable cause), and the officer proceeds to read the Miranda
warnings, any incriminating statement given by the arrestee will be subject to the
exclusionary rule, not because the Miranda rule was violated, but rather because the
confession will likely be deemed to be a “fruit” of the illegal arrest. In other words, the fact
that the officer dutifully complied with the Fifth/Sixth Amendment rules is not enough.
Rather, for the statement to be admissible, the State would have to also establish that the
underlying arrest that immediately preceded the interrogation and confession was not
unlawful under the Fourth Amendment.
The same basic principle applies with respect to the Fourteenth Amendment
guarantee of Equal Protection. Consider a case where an officer approaches a citizen
under circumstances where the citizen reasonably believes that he or she is free to walk
away. This encounter is said to be a mere “field inquiry.” See, e.g., State v. Neshina, 175
N.J. 502 (2003). Under the Fourth Amendment, there is no legal standard that the officer
must meet before engaging a citizen in this type of consensual encounter. In other words,
it is simply not possible for a police officer to violate the Fourth Amendment when he or she
initiates a consensual field inquiry. However, if the officer’s decision to approach this
particular citizen was based on an impermissible reason in violation of the Fourteenth
Amendment Equal Protection Clause, the consensual encounter would be deemed by the
courts to be illegal, and any results of that encounter (such as any physical evidence
discovered or incriminating statement made during the course of the encounter) would be
subject to the exclusionary rule. See, e.g., State v. Maryland, 167 N.J. 471 (2001).
In sum, police officers must at all times respect all constitutional rights, whatever
their specific source in the text of the United States or New Jersey Constitutions. Each of
these constitutional provisions serves a distinct purpose and provides to citizens its own
distinct protections.

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UNIT 6: WHAT IS RACIAL PROFILING?
Although we have casually bandied about the term “racial profiling” in the preceding
Units, we still have not defined it. It is now time to tackle the most fundamental question:
what is racial profiling? What conduct is prohibited (and permitted) under the Equal
Protection Clause of the Fourteenth Amendment and our statewide nondiscrimination policy
set forth in Attorney General Law Enforcement Directive 2005-1? When and under what
circumstances are police officers permitted to consider a person’s race or ethnicity in
making decisions and exercising police discretion?
These are not simple or straightforward questions. In fact, they are the source of
much confusion and misunderstandings within and outside the law enforcement community
and the entire legal profession.
6.1

Distinguishing “Racial Profiling” From Legitimate “Profiling”

We begin answering those questions by distinguishing the term “racial profiling” -which is impermissible police conduct -- from “profiling,” which is a legitimate and wellaccepted law enforcement practice. While “racial profiling” is inappropriate and cannot and
will not be tolerated, other forms of “profiling” are perfectly legitimate and must remain an
important part of modern police work.
The law is well-settled in New Jersey and throughout the nation that in appropriate
factual circumstances, police “may piece together a series of acts, which by themselves
seem innocent, but to a trained officer would reasonably indicate that criminal activity is
afoot.” State v. Patterson, 270 N.J. Super. 550, 558 (Law Div. 1993). As the court in State
v. Patterson noted, “it is appropriate and legitimate police work to develop a so-called
‘profile’ based upon observations made in investigating the distribution or transportation of
illicit drugs.” Id. Using these and other means, “the police can develop a pattern of criminal
wrongdoing that justifies their suspicions when they observe features that are in accord with
the principle aspects of that pattern.” Id.
In State v. Demeter, 124 N.J. 374 (1991), the New Jersey Supreme Court
recognized that “in some situations a police officer may have particular training or
experience that would enable him to infer criminal activity in circumstances where an
ordinary observer would not.” 124 N.J. at 382. This police experience reflects the careful
collection of historical and intelligence information, thoughtful crime trend analysis, and an
in-depth examination of the specific methods of operation, the so-called “modus operandi”
of drug traffickers or others engaged in various types of criminal activity. Legitimate law
enforcement “profiles” focus on the conduct and methods of operation of criminals, rather
than on personal characteristics that individuals cannot change, such as their racial or
ethnic heritage.
If there was any doubt about the validity of using “profiles” under New Jersey law,

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the New Jersey Supreme Court in State v. Stovall, 170 N.J. 346 (2002), definitively ruled
that the characteristics contained in a “drug courier profile” are permissible factors to be
considered by police officers as part of the “totality of the circumstances.” 170 N.J. at 358.
According to the New Jersey Supreme Court in Stovall:
A “drug courier profile” is merely a shorthand way of referring
to a group of characteristics that may indicate that a person is
a drug courier. . . . A “profile” characteristic is a relevant,
objective characteristic when exhibited by a particular
defendant. There is no reason why the police should not be
able to consider that characteristic in formulating reasonable
suspicion. There is also no reason why “profile” characteristics
that are exhibited by a defendant cannot provide the basis for
an investigative detention in the appropriate case. [170 N.J. at
360 (emphasis added)].
That does not mean that a profile will necessarily provide reasonable articulable
suspicion much less probable cause to justify a Fourth Amendment liberty or privacy
intrusion. Legitimate profiles tend to be rather general in nature and persons who match
a modus operandi profile may have perfectly innocent explanations for their conduct. As
a result, a profile may describe a very large category of presumably innocent persons.
While race-neutral profile characteristics are relevant and may be considered as part of the
“totality of the circumstances” (along with the rest of an officer’s “training and experience”),
these profile characteristics are rarely if ever sufficient by themselves to justify a “seizure”
of the person, that is, a non-consensual encounter such as an investigative detention (a
“stop”). See Reid v. Georgia, 100 S.Ct. 2752 (1984) (per curiam). See also State v.
Stovall, 170 N.J. 346, 360 (2002) (“[t]he mere fact that a suspect displays profile
characteristics does not justify a stop.”); State ex. rel. J.G., 320 N.J. Super. 21 (App. Div.
1999) (finding street detention unjustified where the officer’s hunch was based on profile
factors and not specific overt conduct by defendants); State v. Kuhn, 213 N.J. Super. 275,
281 n.1 (App. Div. 1986) (noting that a vehicle stop and search based solely on the fact that
defendant matches a “drug courier profile” would be unconstitutional).
6.2

Inadequate and Misleading Definitions of Racial Profiling

People have very different opinions about the existence, nature and scope of the
racial profiling problem in part because we do not all agree what we mean when we use
the term “racial profiling.” One of the most commonly used definitions of “racial profiling”
– the one that is often found in newspaper accounts – is both imprecise and incomplete.
Specifically, racial profiling is sometimes described as the practice of “stopping motorists
based solely on their race.”

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That definition steers us off in the wrong analytical direction by limiting the legal
inquiry in two important respects. First, this narrow definition suggests that the only police
conduct at issue is the initial decision by an officer to “stop” a motor vehicle. The disparate
treatment of minorities, however, may extend to a host of discretionary decisions made by
police officers before and during the course of routine traffic stops and every other kind of
police encounter with a citizen. In other words, our concern is not limited to an officer’s
initial decision to initiate an investigative detention. In fact, reviewing courts have
expressed even more concern with respect to certain discretionary steps that occur after
a stop has been made, including, especially, the decision to request a detained motorist
to authorize a “consent search.” (Note that by this point in an encounter, an officer will
usually not be able to argue that he or she was not aware of the outward physical
appearance of vehicle occupants.)
Second, the common lay definition presupposes that the officer’s decision to stop
the motor vehicle must have been based entirely on the motorist’s race or ethnicity. The
use of the term “solely” suggests that it is somehow permissible for a police officer to take
race or ethnicity into account provided that the officer is also considering other race-neutral
facts or circumstances.
That approach has been rejected in New Jersey. We have instead adopted a rule
that police officers are generally not permitted to consider a person’s race or ethnicity to
any extent in making law enforcement decisions. Under this approach, which we will
discuss in more detail in Unit 6.5, racial profiling occurs if a citizen’s race or ethnicity was
taken into account and contributed to the officer’s decision to act or to refrain from acting.
Race or ethnicity need not be the “sole” basis for the officer’s exercise of discretion.
Rather, under the approach that we take in New Jersey, a person’s race or ethnicity is
deemed to be irrelevant and may not be considered at all as an indicia of criminality or
suspiciousness (except when deciding whether the person matches the physical
description set out in a suspect-specific “Be-on-the-Lookout” or “B.O.L.O.” situation – an
exception that we will discuss in detail in Unit 9).
6.3

Embracing a More Precise and Comprehensive Term: “RaciallyInfluenced Policing”

Harvard Law School Professor Randall Kennedy, one of the foremost experts on the
racial profiling controversy, has described the concept of racial profiling as using race as
a factor in deciding whom to place under suspicion and/or surveillance. In other words,
racial profiling means using race or ethnicity as an indicator or predictor of criminality.
Randall Kennedy, Race, Crime and the Law (1998).
Some courts and commentators have also used the phrase “racial targeting” to refer
to the illegal practice that is the subject of our concern today. See, e.g., State v. Segars,
172 N.J. 481 (2002) (per curiam). That phrase is more accurate and descriptive than the
term “racial profiling” in that it does not suggest that law enforcement officers must be

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relying on any formal “profile” or catalog and compilation of predictive factors. Rather, the
phrase “racial targeting” would also embrace using visceral, ad hoc stereotypes to focus
police attention on any particular individual or group of citizens based on racial or ethnic
characteristics.
Several years ago, experts at the Police Executive Research Forum coined the
phrase “racially biased policing.” Police Executive Research Forum, Racially Biased
Policing: A Principled Response (2001). This is a vast improvement over the ambiguous
term “racial profiling.” Even so, the phrase “racially biased policing” might be seen as
implying that only biased or bigoted police officers engage in this prohibited practice. One
of the critical principles that we will discuss in Unit 7 is that an officer need not be a racist
or bigot to be influenced by racial stereotypes. An officer who is not a racist might still
unwittingly or even subconsciously rely upon racial classifications and stereotypes that
could influence the officer’s exercise of discretion.
For all of these reasons, the phrase “racially-influenced policing” may represent the
most accurate and complete description of the problem. Racially-influenced policing simply
means allowing a person’s race or ethnicity to influence an officer’s exercise of discretion
– in other words, using race as a factor in making police decisions. In virtually all
circumstances (with a notable exception involving “B.O.L.O.” (Be on the Lookout)
situations), this is inappropriate as a matter of law and sound law enforcement policy.
We must recognize, of course, that all of these phrases are too limited if we were
to narrowly define the component term “race” to refer only to formal racial classifications.
According to the United States Census Bureau, “Hispanic” heritage is not a racial
classification. So too, saying that a person is a “Columbian,” for example, does not
describe the person’s race. Accordingly, throughout this course, when we use the term
“racially-influenced policing,” we include any situation where a person’s ethnic background
or national origin is used as a factor in drawing inferences or in exercising police discretion.
6.4

Recognizing That Different Definitions and Rules of Police Conduct are
Sometimes Used in Other Jurisdictions

Although the basic rules and definitions that we will use in New Jersey are clear and
straightforward, we must acknowledge that there is widespread disagreement within the
nation’s legal community as to exactly what kind of police conduct is prohibited under the
Equal Protection Clause.
One need not be a constitutional scholar to understand that a person’s race and
ethnicity cannot be the sole basis for initiating a motor vehicle stop. On that point,
everyone seems to agree. However, the law in some other jurisdictions is far less clear
with respect to whether there are any circumstances (besides a so-called “B.O.L.O.”
situation that we will discuss in Unit 9) when police may legitimately consider race or
ethnicity when drawing inferences about criminal activity.

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Some courts have suggested that in at least certain circumstances, race or ethnicity
may be considered as one among an array of factors that police may use to infer that an
individual is generally more likely than others to be engaged in criminal activity. See, e.g.,
United States v. Brignoni-Ponce, 422 U.S. 873 (1975) (Federal agents could take suspect’s
apparent Mexican ancestry into account when searching for illegal aliens near the United
States-Mexico border); United State v. Weaver, 966 F.2d 391 (8th Cir. 1992), cert. den. 507
U.S. 1040 (1992) (Drug Enforcement Administration agent was allowed to use race as part
of an “airport profile” when looking for gang members from Los Angeles who were “flooding
the Kansas City areas with cocaine”). Sometimes this is referred to as “soft” racial profiling,
in contrast to “hard” racial profiling where race is the sole reason relied upon by police
officers for exercising discretion.
This is an unsettled and evolving area of federal Equal Protection law, and federal
courts are struggling to figure out just what the rule is for police. Recently, a Federal
Appeals Court in the case of Farm Labor Organizing Committee v. Ohio State Highway
Patrol, 308 F.3d 523 (6 Cir. 2002), rejected the reasoning that had been used by some
other federal courts which had said that police could consider race in drawing inferences
of suspicion so long as race was not the sole factor. 308 F.3d at 538. The Court in Ohio
State Highway Patrol warned that “constitutional liability is not limited to instances in which
an impermissible purpose was the sole motive for an adverse action.” Id. at 539. The court
ultimately concluded that if the police would have treated a person differently if the person
had been of a different race or ethnicity, then race or ethnicity was a causal factor in the
exercise of police discretion, in violation of the Fourteenth Amendment Equal Protection
clause. Id.
On June 17, 2003, the President and the United States Attorney General issued
racial profiling guidelines to all federal law enforcement officers. The federal policy, like the
approach we use in New Jersey, generally prohibits any consideration of race or ethnicity.
While the United States Attorney General was careful to note that the federal racial
profiling policy goes beyond the requirements of federal constitutional law, it is nonetheless
conceivable that these guidelines will influence federal courts in deciding ultimately what
law enforcement conduct is acceptable, and may well provide a national benchmark against
which state and local police agencies will be measured.
The federal policy guidelines specifically provide in pertinent part that:
In making routine or spontaneous law enforcement
decisions, such as ordinary traffic stops, federal law
enforcement officers may not use race or ethnicity to any
degree, except that officers may rely on race and ethnicity if a
specific suspect description exists. This prohibition applies
even where the use of race or ethnicity might otherwise be
lawful . . . . Federal law enforcement agencies and officers
sometimes engage in law enforcement activities, such as traffic

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and foot patrols, that generally do not involve either the
ongoing investigation of specific criminal activities or the
prevention of catastrophic events or harm to the national
security. Rather, their activities are typified by spontaneous
action in response to the activities of individuals whom they
happen to encounter in the course of their patrols and about
whom they have no information other than their observations.
These general enforcement responsibilities should be carried
out without any consideration of race or ethnicity. (emphasis
in original).
6.5

The Legal and Policy Basis for the New Jersey Rule That Generally Prohibits
Any Consideration of Race or Ethnicity

While it is not certain how the legal debate will eventually play out in federal courts,
it is a good bet that New Jersey courts would never tolerate “soft” racial profiling. In State
v. Kuhn, 213 N.J. Super. 275 (App. Div. 1986), the New Jersey Appellate Division
concluded that police are not permitted to draw any inferences from a suspect’s race. The
court in State v. Patterson, 270 N.J. Super. 550 (Law Div. 1993), was even more forceful
on this point, observing that, “certainly the police could not conclude that all young, male
African-Americans are suspected of involvement in the illicit drug trade. Therefore, an
individual’s race cannot be considered at all when conclusions are reached or assumed as
to a ‘profile’ suggesting criminal activity.” 270 N.J. Super. at 559 (emphasis added).
The general rule that we have adopted in New Jersey – prohibiting law enforcement
officers from using race or ethnicity as a factor in determining the likelihood that a person
is engaged in criminal activity -- makes sense from a practical perspective because it is
unambiguous and thus will help police officers to avoid many of the legal pitfalls and
landmines that would arise were they to try to build race or ethnicity into the equation of
suspiciousness.
To understand this, let us re-examine the earlier scenario where an officer on patrol
observed three motor vehicles that were all traveling at the same speed in excess of the
speed limit. As we saw, under the Fourth Amendment, the officer would be justified in
stopping any one of these vehicles based on an observed motor vehicle violation. But what
if the officer, forced to pick only one, were to choose one of them because that vehicle was
being driven by a minority citizen. In those circumstances, the officer could honestly say
that race was not the “sole” reason for the stop. Indeed, the principle “reason” for the stop
was the observed motor vehicle violation.
Were we to have a rule that permitted race to be considered as long as it was not
the sole basis for the exercise of police discretion, then that particular situation would be
ambiguous; the rule, in other words, would not be clear in this case, and police officers
would be forced to guess at their peril whether reviewing courts might deem this conduct

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to be unlawful.
Let us consider another scenario to further explain why the New Jersey policy
prohibiting racially-influenced policing is not limited to cases where race or ethnicity was
the “sole” factor relied upon by police in drawing inferences of criminality or in exercising
discretion. Suppose that a local police department is trying to address the problems that
are being caused by an “open air” drug market, which is attracting would-be purchasers
from surrounding neighborhoods and communities. The open air drug market is displacing
legitimate businesses and eroding the quality of life for law abiding residents in the area.
The police are frustrated because the traditional strategy of targeting the drug
dealers is not working; these street-level dealers are replaced as soon as they are arrested,
and many of those who are arrested make bail and return almost immediately to the open
air market or else return after serving only a short stint in jail or prison. The police therefore
want to try a different approach; they hope to deter the prospective drug purchasers from
coming to this neighborhood, thereby cutting off the source of revenue that sustains the
local drug market.
In furtherance of that policy, the police department carefully analyzes crime data,
arrest reports and intelligence information and determines that a significant proportion of
the persons who have been arrested in this area for purchasing drugs were college-aged
Caucasian students who attend a nearby college. Arrest reports show that many of these
offenders traveled in pairs in passenger cars from the college campus to the open air drug
market on Friday and Saturday nights between 9 to 12 p.m. Based upon this historical
information, patrol officers are instructed to watch out for persons heading in the direction
of the open air market who match these characteristics. (Note that although patrol officers
are instructed to “look out” for persons matching these general characteristics, this
instruction does not satisfy the “B.O.L.O.” (Be on the Lookout) situation that we will
consider in Unit 9 because in this instance, the alert is very general and does not relate to
specific individuals who are being sought.)
In essence, the police department has devised a “profile,” that is, a compilation of
characteristics believed to be typical of persons who are about to purchase illicit drugs.
While all of these characteristics are innocent, when considered in combination they are
also consistent with criminal activity. The distinct components of this “drug purchaser
profile” can be broken down and enumerated as follows: (1) college-aged; (2) Caucasian;
(3) students enrolled in the nearby college; (4) who are traveling in pairs; (5) in passenger
cars; (6) traveling from the direction of the college; (7) to a particular location; (8) on Friday
and/or Saturday nights; (9) between the hours of 9 to 12 p.m.
Any such “profile” would not establish reasonable articulable suspicion to justify an
investigative detention under the Fourth Amendment. This profile, after all, describes a
large category of presumably innocent motorists. See Reid v. Georgia, 100 S.Ct. 2752

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(1984) (per curiam). As we discussed in Unit 6.1, under the Fourth Amendment, police
may nonetheless devise and use a compilation of characteristics which may be considered
as part of the so-called “totality of the circumstances.”
In this instance, however, the “profile” expressly includes a consideration of race
(enumerated Factor #2). If a police officer were to consider race in deciding whether a
motorist “matches the profile,” and were in any way to treat this motorist differently than one
who does not match this particular profile characteristic, then such police conduct (whether
undertaken as a matter of official departmental policy or as an ad hoc decision made by an
individual officer) would constitute racially-influenced policing in violation of the statewide
policy prohibiting discrimination set forth in Attorney General Law Enforcement Directive
2005-1.
The key point for our present purposes is that this would be true even though race
was by no means the “sole” fact relied upon to draw an inference of suspiciousness.
Indeed, in this scenario, race was only one of at least nine distinctly enumerated
characteristics that comprised the drug purchaser profile. Were we to have a rule that
permitted race to be considered as long as it was not the sole basis for the exercise of
police discretion, then police departments and officers would be allowed to construct just
such a race-conscious profile, which is simply not the law. See State v. Patterson, 270 N.J.
Super. 550, 559 (Law Div. 1993) (“[r]ace cannot be considered at all when conclusions are
reached or assumed as to a ‘profile’ suggesting criminal activity.”).

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6.6

The “Strict Scrutiny” Test When Race or Ethnicity is Considered by Police

Attorney General Law Enforcement Directive 2005-1, which generally prohibits
police from considering a person’s race or ethnicity as a factor in drawing inferences of
criminality or in exercising police discretion, is consistent with the general rule that when
a government agency or agent explicitly relies on a so-called “suspect classification” (such
as race or ethnicity) in deciding to treat persons differently, that governmental decision is
subject to what is called “strict scrutiny” under the Fourteenth Amendment Equal Protection
Clause. See Phyler v. Doe, 457 U.S. 202, 216-17 (1982). See also Farm Labor Organizing
Committee v. Ohio State Highway Patrol, 308 F.3d 523, 534 n.4 (6 Cir. 2002) (when a
State adopts explicit racial criteria, strict scrutiny will automatically be applied to the
challenged government action under equal protection analysis, even in the absence of a
discriminatory purpose).
The strict scrutiny test is the most intense level of judicial review found in our entire
system of justice. According to Harvard Law School Professor Randall Kennedy:
Under strict scrutiny, a racially-discriminatory governmental
action should be upheld only if it can be supported by
reference to a compelling justification and only if the
government’s racial distinction is narrowly tailored to advance
the project at hand. When a court administers strict scrutiny,
it shines an intense spotlight on the governmental
decisionmaking at issue in order to uncover any covert or
unconscious racial biases at work. Strict scrutiny embodies a
recognition, born of long and terrible experience, that the
presence of a racial factor in decisionmaking should raise
anxiety and signal that the government is likely to be doing
something wrong. (emphasis in original) [Randall Kennedy,
Race, Crime and the Law (1998) at 147.]
Note that under the strict scrutiny test, it is not enough that the government seeks
to advance a compelling State interest. Rather, the government agency seeking to rely on
race or ethnicity to differentiate between how people are to be treated also bears a heavy
burden of establishing that the method chosen to accomplish the compelling objective is
“narrowly tailored.” This means that the government agency will be expected to consider
whether there are any better, less intrusive and less offensive means to achieve the
compelling objective other than by taking race or ethnicity into account.
For all practical purposes, once the strict scrutiny standard of review is invoked, the
government can rarely overcome this legal hurdle. This is especially likely to be true when
the government is really relying on generalized or “broad brushed” stereotypes about who
is more likely to be involved in common criminal activity such as drug distribution, burglary
or auto theft. Indeed, as a general proposition, the inherent breadth and generality of racial

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or ethnic stereotypes is fundamentally inconsistent with the “narrowly tailored” prong of the
two-part strict scrutiny test.
6.7

Official Deprivation of Civil Rights

The New Jersey Legislature recently created a new crime entitled “official
deprivation of civil rights.” This new statute, found at N.J.S.A. 2C:30-6, supplements preexisting offenses such as “Official Misconduct,” N.J.S.A. 2C:30-2, and “Bias Intimidation,”
N.J.S.A. 2C:16-1.
Some law enforcement officers had at first expressed concern that some of the
language in the legislative declaration of policy and findings might be interpreted to prohibit
law enforcement officers from initiating investigative stops based upon information
contained in a B.O.L.O. (“Be on the Lookout”) description that includes the race or ethnicity
of a specific suspect or wanted person. The Attorney General, as the State’s chief law
enforcement officer and prosecutor, issued an official statement – one that is binding on
the Division of Criminal Justice and all county prosecutors – making clear that the new law
in no way prohibits police officers from relying on a “B.O.L.O.” description that includes a
racial or ethnic “identifier” of the person or persons who are being sought. (In Unit 9, we
will consider in detail the so-called “B.O.L.O. exception” to the general rule in this State that
police may not use race or ethnicity in drawing inferences of criminality or in exercising
police discretion.)
Once the Attorney General’s official interpretation was issued, the legislation
creating the new offense of official deprivation of civil rights gained the support of police
chiefs and police unions, reflecting the unified commitment of the New Jersey law
enforcement community to condemn discriminatory policing practices.
The new offense of official deprivation of civil rights is committed when:
A public servant acting or purporting to act in an official
capacity commits the crime of official deprivation of civil rights
if, knowing that his conduct is unlawful, and acting with the
purpose to intimidate or discriminate against an individual or
group of individuals because of race, color, religion, gender,
handicap, sexual orientation or ethnicity, the public servant: (1)
subjects another to unlawful arrest or detention, including, but
not limited to, motor vehicle investigative stops, search,
seizure, dispossession, assessment, lien or other
infringements of personal or property rights; or (2) denies or
impedes another in the lawful exercise of enjoyment of any
right, privilege, power or immunity.
Note that this new crime requires proof that the government official acted with the

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purpose to intimidate or discriminate against an individual based on any of the listed
personal characteristics. Furthermore, this crime is committed only when the public servant
knows that his or her conduct is unlawful. Under most criminal statutes, “ignorance of the
law” is generally no defense. In the context of this particular offense, however, the crime
is not committed unless the officer actually knows that his or her conduct is unlawful.
The new statute makes clear, however, that preparing a false report, or failing to
prepare a report that was required to be prepared, gives rise to an inference that the officer
knew that his or her action was unlawful. See N.J.S.A. 2C:30-6d. Lying about what
happened, in other words, or failing to prepare a required report, can be enough to
establish that the officer knew that his or her conduct was unlawful, and then lied about it
or otherwise tried to conceal the wrongdoing.
This new crime is designed to address one of the most serious forms of
discriminatory policing, involving what is essentially deliberate misconduct. In other words,
this new offense requires a much higher degree of culpability than merely miscalculating
the facts necessary to establish reasonable articulable suspicion or probable cause, or
misapplying one of the elements of a recognized exception to the warrant requirement.
While the New Jersey Supreme Court has ruled that under the State Constitution, there is
no “good faith exception” to the exclusionary rule, see State v. Novembrino, 105 N.J. 95
(1987), for purposes of this new criminal statute, a police officer could not be convicted
merely for making a good faith mistake. In other words, the fact that a reviewing court in
a motion to suppress evidence determines that an officer’s conduct was unlawful (thus
warranting invocation of the exclusionary rule), does not necessarily mean that the officer
has committed this new crime.
It is also critically important to understand that the statewide policy banning raciallyinfluenced policing is broader in scope than this new criminal statute. This legislation
reflects the sound policy that the criminal prosecution of a government official should be
reserved for the most serious forms of intentional discrimination and the knowing disregard
of the rule of law by those who are sworn to uphold the law. The statewide nondiscrimination policy set forth in Attorney General Law Enforcement Directive 2005-1 goes
further and, as we will discuss more fully in Unit 7, prohibits certain police conduct without
regard to whether officers are acting in good faith or in bad faith.
The point is simply that while all violations of this new crime would obviously
constitute a violation of both Attorney General Law Enforcement Directive 2005-1 and the
Equal Protection Clause of the Fourteenth Amendment, not all violations of the policy
prohibiting racially-influenced policing would constitute “official deprivation of civil rights”
within the meaning of the new criminal statute. In other words, for the reasons we will
discuss more fully in Unit 7, it is certainly possible to violate the Equal Protection Clause
of the Fourteenth Amendment (and the statewide policy prohibiting racially-influenced
policing) without also committing this new offense.
UNIT 7: REPUDIATING THE MYTH THAT ONLY RACISTS ENGAGE IN

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RACIAL PROFILING
In Unit 6.2, we noted that one of the most common (and inadequate) definitions of
racial profiling requires that a motorist be stopped based solely on his or her apparent race
or ethnicity. The misguided notion that racial profiling occurs only when race is the “sole”
basis for police action has helped to perpetuate one of the greatest myths and
misunderstandings about the racial profiling problem, namely, the idea that racial profiling
is practiced only by “racist” law enforcement officers or agencies.
Needless to say, if any officer were to pull over a vehicle solely because of the race
of the driver – in other words, in a case where the vehicle was not observed to have
committed any violations – then we would all agree that this would seem to constitute
nothing short of racist harassment. This mode of analysis has mislead some into believing
that racial profiling is only practiced by bigoted law enforcement officers.
To understand the nature and root cause of the confusion, we must begin by
understanding what it really means to say that the Fourteenth Amendment Equal Protection
Clause bans “purposeful discrimination.”
In common parlance, the word “discriminate” implies active bigotry. The verb
“discriminate,” however, need not necessarily be synonymous with the verbs “intimidate”
or “harass.” Rather, when used in the context of a Fourteenth Amendment Equal
Protection claim in a civil action or a motion to suppress evidence, the word “discriminate”
essentially means to “differentiate,” that is, to explicitly distinguish between two or more
persons or things based on some distinguishing characteristic. In our present context, that
means to differentiate people based on the distinguishing characteristic of their race or
apparent ethnicity. (As we will see, the bedrock principle underlying the Equal Protection
Clause is that the government may not treat people differently on account of their race or
ethnicity.)
Accordingly, when the courts say that the Fourteenth Amendment Equal Protection
Clause prohibits “purposeful discrimination,” they really mean that government actors may
not intentionally rely on an impermissible or so-called “suspect” or “invidious” distinguishing
characteristic such as race or ethnicity. They do not necessarily mean that the government
official must have acted with malice, intended to cause harm, or deliberately violated the
Constitution. Compare Farm Labor Organizing Committee v. Ohio State Highway Patrol,
308 F.3d 523, 534 n.4 (6 Cir. 2002) (when police explicitly rely on racial criteria, strict
scrutiny analysis will apply even in the absence of a discriminatory purpose). (Note that
the nondiscrimination policy established in Attorney General Law Enforcement Directive
2005-1 is designed to eradicate even inadvertent or subconscious discrimination, going
beyond the minimum requirements of Equal Protection law.)
It is instructive to note in this regard that in State v. Patterson, 270 N.J. Super. 550
(Law Div. 1993), the court ultimately concluded that the officer had devised and relied upon
an unconstitutional racial profile. The trial court went out of its way to point out that it
“clearly and convincingly appeared that [the officer] is not a racist.” Id. at 553, 559. In that
case, the court found that the officer has “testified in a most credible fashion” and was

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clearly not a racist, even as the court concluded that the officer had engaged in
impermissible racial profiling warranting invocation of the exclusionary rule.
In sum, a law enforcement actor need not have any ill will or malice toward a person
or group of persons before it can be said that the officer has violated the statewide policy
prohibiting discriminatory policing set forth in Attorney General Law Enforcement Directive
2005-1. Indeed, an officer can certainly violate the Directive and the Equal Protection
Clause of the Fourteenth Amendment without being guilty of a “bias crime,” which requires
that the actor have a “purpose to intimidate” another on the basis of the victims’ race,
ethnicity or certain other distinguishing characteristics. See now N.J.S.A. 2C:16-1 (defining
the offense of “bias intimidation”). While all “bias crimes” are, of course, a form of
purposeful discrimination, not all forms of purposeful discrimination constitute a bias crime.
In other words, it is possible to violate the Fourteenth Amendment Equal Protection Clause
and the statewide policy prohibiting racially-influenced policing without committing the
crime of “bias intimidation.” By the same token, as we discussed in Unit 6.7, a person can
violate the Fourteenth Amendment Equal Protection Clause without committing the new
crime of “official deprivation of civil rights,” which requires proof that the actor actually
knows that his or her conduct is illegal.
The widespread misconception that only racists would engage in “racial profiling”
helps to explain why so many departments and officers adamantly deny that they have ever
engaged in or tolerated the practice. If your definition of “racial profiling” includes a
requirement that the officer be a bald-faced racist, then you probably believe that the
practice of racial profiling is despicable, but rare. Indeed, some officers probably believed
that there is no reason for them to participate in this statewide training program since they
could not possibly be guilty of racial profiling simply because they are not racists.
But the problem that we must candidly and aggressively confront goes well beyond
racist harassment. Indeed, if that were the only problem that we needed to address, our
task in this course of instruction would be much easier.
This is not at all to say that racism is not a problem within the law enforcement
community, or to suggest that there are no law enforcement officers in New Jersey who are
bigoted. Our profession is certainly not immune from the societal problem of prejudice, any
more than we are immune from any other problem that exists in our society, including
alcoholism and substance abuse, depression, and domestic violence. Indeed, no group
or profession, however noble their calling, is immune from these problems.
The point, however, is that the problem of prejudice that we need to understand and
address as a professional community is too complex to be solved simply by blaming a
group of renegade officers or so-called “bad apples.” Indeed, the steps that we need to
take to address the problem go far beyond identifying or weeding out those applicants,
recruits, or sworn officers who harbor racist ideas and who would willingly if not eagerly
allow their ingrained racism to influence the exercise of their discretion.

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We should step back at this point to consider one of the unfortunate byproducts of
the myth that only racists engage in racial profiling, namely, the wedge that has been driven
between cops and prosecutors, and between line officers and their superiors. If the
problem of selective enforcement was limited to racist police officers, then a finding by a
court (or by a prosecutor or a police executive) that an officer had engaged in selective
enforcement would be tantamount to a finding that the officer in question was a racist. The
officer’s friends and colleagues, believing this to be untrue, would be frustrated and angry
because they would conclude that their colleague had been falsely accused and unfairly
branded. Those officers would soon lose confidence in their supervisors, in prosecutors,
and in the entire criminal justice system all because they would be operating under the
misconception that racial profiling is tantamount to racism, and that a claim of racial
profiling is essentially a claim that an officer is a racist.
In reality, the problem of racially-influenced profiling is exceedingly complex, and
even subtle. It is true that racial profiling is a form of “prejudice” in the literal since that it
involves “pre judging” a person based on skin color. But one need not be a racist to rely
on racial stereotypes that lie at the very heart of the racial profiling problem. A minority law
enforcement officer may be just as likely as his non-minority colleague to rely on a popular
stereotype, especially one that is repeatedly broadcast in the news and entertainment
media.
The real problem that we need to address – and the reason that this training course
is so complicated and challenging – is that most examples of racial profiling actually do not
involve overt racism or bigotry, but rather involve subtle or even subconscious reliance on
race as a factor in drawing inferences and exercising police discretion. This is most likely
to occur when police officers rely on a “gut feeling” or an “inarticulable hunch” in deciding
what to do next. Indeed, reliance upon racial stereotypes is much more likely to occur
when officers are not carefully thinking about why exactly they are doing what they are
doing.
In Unit 13, we will discuss this particular aspect of the problem in the context of the
need for officers to clearly articulate and document the reasons for the exercise of police
discretion. For now, it is enough to note that officers cannot simply assert that they do not
engage in racial profiling because they are not bigots or racists. Subtle discrimination is
still discrimination, and has the same negative effects on the relationship between police
and minority communities. The New Jersey law enforcement community must be
committed to enforcing a policy to eradicate all forms of discrimination, whether subtle or
obvious or intentional or inadvertent.
PART II

APPLYING
POLICING”

THE

RULE

PROHIBITING “RACIALLY-INFLUENCED

UNIT 8:

THE BASIC NON-DISCRIMINATION RULE IN A NUTSHELL

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The policy in New Jersey prohibiting racially-influenced policing may be simply
stated. Except when you are responding to some type of a suspect-specific or
investigation-specific B.O.L.O. (“Be On The Lookout”) situation, you are prohibited from
considering a person’s race or ethnicity to any degree in drawing inferences that this
person may be involved in criminal activity, or in exercising any form of police discretion
with respect to how you will deal with that person.
Obviously, police officers are human beings, not computers. We cannot be
programmed to simply ignore a bit of information from our “active memory.” When officers
are dealing with citizens at close quarters, they cannot help but see the race or readily
apparent ethnicity of those citizens. The real issue, therefore, is how you choose to use
that piece of information in drawing inferences and deciding what actions to take based
upon all of the information known to you.
Accordingly, the rule is not that you must disregard a citizen’s race or apparent
ethnicity, pretending as if the person’s outward appearance was invisible to you. Rather,
the rule is that you may not use that information as an indicia of suspiciousness except
when you are trying to decide whether this individual may be a particular person who is
described in a wanted or “B.O.L.O.” bulletin or situation.
Here is a simple way to test whether your exercise of discretion was impermissibly
influenced by race or ethnicity in violation of Attorney General Law Enforcement Directive
2005-1: ask yourself, if the race or ethnicity of the citizen had been different, would you
have made the same decision, drawn the same inference, harbored the same suspicion
or undertaken the same course of action? If the answer to all of these questions is yes,
then race or ethnicity played no contributing role in the exercise of police discretion, and
our rule prohibiting police discrimination would not have been violated. If, however, the
answer to any of these questions is no, meaning that you would have treated this person
differently had he or she been of a different racial or ethnic background, then racial or
ethnic characteristics contributed to and influenced your decision-making process, in
violation of the statewide policy prohibiting racially-influenced policing.
We can now reduce the cardinal principle of this course of instruction to a very
simple and practical rule of thumb: rather than considering people’s racial or ethnic heritage
-- features persons are born with and cannot change -- you should instead be focusing on
their conduct, that is, what they are doing, or saying.
8.1

When Clothing or Manner of Dress May be Considered to be a Form of
Conduct

In some circumstances, a person’s manner of dress may also be relevant and can
be considered to be a form of expressive “conduct.” By way of example, if, based on your
training and experience, you recognize that an individual is wearing clothing, jewelry, or

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bearing tatoos consistent with membership in a particular criminal organization (in other
words, “flying the colors” of a particular street gang), you may certainly take that information
into account in determining how you will exercise your discretion in investigating whether
that individual is actually involved in criminal activity. In Unit 10, we will consider the gang
problem in more detail. For the moment, the critical point is that you may not consider
physical characteristics that individuals are born with and cannot change, such as their
racial or ethnic heritage, in deciding whether they are more likely than others to be engaged
in criminal activity.
Police officers must always be cautious and circumspect in drawing any inferences
of suspiciousness from a person’s physical appearance. As a general rule, an officer
should not consider physical characteristics such as manner of dress, length or style of
hair, etc. (other than when determining whether a person matches a description in a
“B.O.L.O.”) unless the officer can identify and describe the manner in which those personal
characteristics are directly and specifically related to particular criminal activity.
When, for example, an officer is aware that a particular local gang or other criminal
organization expects its members to display a particular kind of attire, and the officer sees
a person wearing just such attire, then the officer may properly consider those observed
personal characteristics in inferring whether the person is, in fact, associated with this
particular gang. In that event, the officer would be able to identify and describe the manner
in which the observed personal characteristics (clothing) are directly and specifically related
to a particular form of criminal activity, and would do so by recounting the specific training
or experience that taught the officer that the particular manner of attire that was observed
is consistent with the customs and practices of this particular gang.
It is important to restate, however, that it is another question entirely whether an
officer’s observation of a person’s physical appearance satisfactorily establishes a basis
under the Fourth Amendment to believe that the individual is in fact associated with a
particular gang, or is presently engaged in criminal activity. By way of example, and at the
risk of stating the obvious, the overwhelming majority of persons who wear an article of red
clothing are not “Bloods,” and the overwhelming majority of persons who wear an article
of blue clothing are not “Crips.” Our discussion at this point focuses only on whether you
are allowed to consider outward appearance characteristics of this nature, and not on how
much weight should be given to these race-neutral physical characteristics in determining
on a case-by-case basis whether there is a reasonable and articulable suspicion to believe
that a person is engaged in criminal activity.
In contrast to the gang “colors” scenario we just considered, it would be
inappropriate for a police officer to deduce from a person’s old, tattered or shabby clothing
that the citizen is more likely to be a criminal. Any such inference would be based on
nothing more than a broad-brushed stereotype, namely, that the observed manner of dress
suggests that the person is poor, and by, virtue of economic status, is more likely than
others to be engaged in general criminal activity. That is exactly the kind of offensive,

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stereotype-driven reasoning that courts in New Jersey will not tolerate under either Fourth
or Fourteenth Amendment analysis.
Finally, as we will consider in more detail in Unit 18, except when responding to a
suspect-specific “B.O.L.O.” situation, police officers in this State may not draw any
inferences of suspiciousness from the fact that a person is wearing attire that is commonly
associated with the expression of religious beliefs or religious affiliation. Thus, for example,
you are not permitted to infer from a person’s religious garb that he or she may be an
Islamic terrorist.
8.2

The Basic Non-Discrimination Rule Applies to All Police Decisions

It is critically important to understand that our basic nondiscrimination rule applies
to every police decision and to every conceivable step during the course of a law
enforcement officer’s interaction with an individual or group of individuals, and not just
those decisions that trigger a Fourth Amendment legal standard (such as an investigative
detention, a frisk, an arrest or a search).
Obviously, an officer may not consider to any degree the person’s race or ethnicity
in deciding whether to initiate a motor vehicle stop, or to initiate a true “Terry” stop. But this
rule also applies to the exercise of police discretion even before an officer makes a decision
to initiate an investigative detention. For example, it is improper for a police officer to
consider an individual’s race or ethnicity in deciding whether to conduct a motor vehicle
lookup (i.e., “run the plates”) of a vehicle that the individual is in, even though this type of
police scrutiny does not intrude upon any of the recognized Fourth Amendment rights and
so may be performed by police officers without first having to meet any of the traditional
Fourth Amendment standards of proof, such as reasonable articulable suspicion or
probable cause. See State v. Segars, 172 N.J. 481 (2002)(per curiam).
Furthermore, the basic rule prohibiting racially-influenced policing applies to every
police decision that might occur after an officer makes the decision to initiate an
investigative detention or any other kind of encounter with a private citizen.
In sum, the general prohibition against using race or ethnicity to any degree in
deciding how a law enforcement officer should act with respect to a particular individual
applies to every conceivable decision that the officer can make, including but not limited
to:
!

the decision to “run the plates” of a vehicle;

!

the decision to approach an individual and to initiate a consensual “field
inquiry,”

!

the decision to initiate an investigative detention;

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!

the decision to order a driver or passenger to exit from a lawfully detained
vehicle;

!

the decision to conduct a protective frisk for weapons;

!

the decision to pose probing or “accusatorial questions” during the course of
a consensual “field inquiry” or a routine motor vehicle stop;

!

the decision to run an outstanding warrant check or to conduct a criminal
history lookup;

!

the decision to ask an individual for permission to conduct a consent search;

!

the decision to summon a drug detection canine to the scene;

!

the decision to issue a ticket rather than to issue a written or oral warning;
and

!

the decision to make a custodial arrest rather than to issue a summons on
the scene.

8.3

Police are Prohibited from Targeting Persons For Enhanced Scrutiny Based
on Race or Ethnicity, Not From Targeting Places For Enhanced Scrutiny
Based on Crime Patterns

When police detain or arrest a large proportion of minority citizens, some people
may argue that this statistic automatically constitutes “disparate treatment” and proof of
impermissible discrimination. This is not always a fair conclusion. Sometimes, what might
appear at first glance to be a “discriminatory effect” (the high proportion of arrestees who
are minority citizens) is actually the result of perfectly legitimate, race-neutral law
enforcement decisions, such as when police respond to reported crimes in urban
neighborhoods that happen to be comprised predominantly of minority residents. In Unit
16, we will discuss more fully the complex role that statistics play in the racial profiling
controversy, and we will consider, for example, the importance of identifying appropriate
statistical “benchmarks” to measure the impartiality of police decisions. For present
purposes, the critical point is that police are permitted to rely upon race-neutral criteria in
exercising discretion or deploying personnel, even when this happens to result in the arrest
or detention of a comparatively large number of minority citizens.
The basic rule under Attorney General Law Enforcement Directive 2005-1 is that
police may not consider race or ethnicity as a factor in targeting individuals for enhanced
police scrutiny or in drawing an adverse inference of suspiciousness about those

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individuals. That rule in no way restricts the authority of officers or agencies to target
crime-plagued neighborhoods for enhanced law enforcement attention and enforcement
actions (e.g., “saturation” patrol), even though such enhanced enforcement activity is likely
to result in the detention and arrest of a comparatively high proportion of minority citizens,
reflecting the racial composition of the high-crime neighborhood that is the subject of
special attention. As a matter of common sense, police are permitted to respond to a rash
of crimes reported at particular locations, just as they are allowed to pursue leads in a
particular investigation. See Unit 9.2.
As will be noted in Unit 17.1, when law enforcement officers are deployed in an area
that happens to have a comparatively large minority population, it is reasonable to expect
that the officers patrolling in that neighborhood will interact with a correspondingly high
percentage of minority citizens. So too, it could be expected that a large proportion of the
persons arrested in that particular neighborhood will be minority offenders or fugitives,
reflecting those persons who are present in the area. (Note that those minority offenders
will tend to prey upon a correspondingly large proportion of minority victims, again reflecting
the racial and ethnic composition of the resident population of that particular area. Those
law abiding minority citizens, in turn, are the beneficiaries of the enhanced and targeted
enforcement efforts.)
When police respond in this way to reported crimes, they simply are not relying on
anyone’s race or ethnicity to draw adverse inferences or to make policing decisions. Using
empirical data to focus law enforcement efforts at particular locations must not be confused
with the inappropriate use of empirical data that we will consider in Unit 16.1, where we will
examine why police in this State are flatly prohibited from using aggregate arrest or
conviction statistics to infer that a particular individual or group of individuals of a given race
or ethnicity is more likely to be engaged in criminal activity because other persons of that
race or ethnicity happen to have been arrested or convicted.
In sum, it is perfectly appropriate for police to use arrest reports and other historical
and intelligence information to identify specific locations where the crime problem is
particularly acute. This form of empirically-based resource allocation is a critical part of
modern policing strategies, and is one of the key features of COMSTAT – a proven crime
analysis and management tool designed to reduce crime and violence and enhance the
quality of life for the law abiding residents of the targeted districts.

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UNIT 9:
9.1

THE “B.O.L.O. EXCEPTION:” USING RACE OR ETHNICITY WHEN
LOOKING FOR SPECIFIC INDIVIDUALS
Using Race or Ethnicity to Describe and Identify Specific Persons Who Are
Being Sought by Law Enforcement

It is important to discuss at some length the notable exception to the general rule
that prohibits a police officer in New Jersey from considering an individual’s race or
ethnicity in exercising police discretion. No one disputes that police are permitted to take
a person’s race or ethnicity into account when trying to determine whether that person is
an individual who was specifically described in a “wanted” or “be on the lookout” bulletin.
In this instance, race or ethnicity is being used only as a means of identifying a known
suspect. As Harvard Law School Professor Randall Kennedy has noted:
In such a case, the person’s skin color is being used no
differently than information about the pants or jacket or shoes
that the suspect was said to be wearing. When used as part
of a detailed description to identify a given individual, the
person’s race is not so much a category that embraces a large
number of people as a distinguishing fact about the identity of
a designated person. [Randall Kennedy, Race, Crime and the
Law (1998) at 137-38 (unnumbered footnote).]
Accord, State v. Stovall, 170 N.J. 346 (2002), where the New Jersey Supreme Court
concluded that the identification of the suspects in that case as Hispanic was only that -an identification.
Recall that in Unit 6.6, we discussed the so-called “strict scrutiny” test that is used
by reviewing courts when the government intentionally relies on a “suspect classification,”
such as race or ethnicity. Under the “strict scrutiny” standard of review, the government
must establish that it is pursuing a compelling governmental objective, and must further
show that the means chosen to do so are narrowly tailored to accomplish that compelling
objective.
The so-called “B.O.L.O. exception” clearly satisfies both prongs of this test.
Needless to say, the State has a compelling interest in identifying and apprehending
wanted persons (whether they are wanted on suspicion of criminal activity or wanted as
witnesses in a bona fide criminal investigation or community caretaking or intelligencegathering function). Furthermore, the use of race or ethnicity to identify a particular
individual is “narrowly tailored” precisely because it is limited to specific individuals and
because there is no other practicable way to identify and apprehend a specific wanted
person without giving as detailed a description of that person’s outward appearance as is
possible based on all known facts about that individual. Obviously, leaving out important
descriptive details about the person’s outward appearance would greatly reduce the
likelihood of achieving the legitimate governmental objective of finding the person who is

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being sought.
In fact, the Fourth Amendment in some circumstances may actually require law
enforcement agencies to include and rely upon every known identifying characteristic in a
bulletin or alert that instructs officers to identify, apprehend and detain a wanted person or
known suspect. Under the Fourth Amendment, law enforcement officers in New Jersey are
generally expected to use what is called the “least intrusive means” to accomplish their
legitimate investigative objectives. See, e.g., State v. Davis, 104 N.J. 490 (an officer during
a stop should use the least intrusive technique reasonably available to verify or dispel
suspicion in the shortest period of time). When police put out any kind of alert calling for
the apprehension of a suspect, they are expected to use all reasonable means to limit the
number of persons who might be scrutinized or detained based upon the B.O.L.O. bulletin.
In other words, as criminal investigators, police are generally expected to separate the
wheat from the chaff and to winnow down the number of potential suspects to the greatest
extent possible.
Consider the following scenario. A convenience store was just robbed by a man
who is described by witnesses as being Caucasian, 25 years old, about six feet tall, and
wearing a dark jacket and blue jeans. If any resulting B.O.L.O. bulletin were to exclude the
fact that the suspect being sought is Caucasian, then young non-Caucasian males would
potentially be included in the class of persons that police would scrutinize, even though
there is absolutely no basis to justify such scrutiny of persons who could not possibly be
the suspected robber. Such a practice of leaving out important descriptive identifiers would
not only dilute and distract law enforcement attention (making it less likely that the actual
suspect would be apprehended), but might result in persons being detained when, viewed
objectively, based on the “totality of the circumstances,” there would be absolutely no basis
to justify any such detention, thus constituting a violation of the Fourth Amendment.
In sum, law enforcement officers are by no means required to “redact” a racial or
ethnic description of a person from a wanted or B.O.L.O. bulletin. Indeed, were it
otherwise, police might also be precluded from posting a wanted flier that includes a picture
or artist’s drawing of the suspect, since the photograph or artist’s rendering would
communicate the suspect’s race or ethnicity. Obviously, that is not the law.
The so-called “B.O.L.O. exception” to the general rule prohibiting law enforcement
officers from taking an individual’s race or ethnicity into account provides an opportunity for
us to consider the complex interplay between the Fourth and Fourteenth Amendments, and
gives us an opportunity to start to explore how courts will analyze or dissect police conduct
under these two distinct constitutional provisions. (In Unit 13, we will discuss in more detail
the differences between Fourth and Fourteenth Amendment litigation.)
Let us suppose that a robbery has just been committed at a convenience store in
an urban area. The manager of the convenience store, who was the victim and principal
witness to the crime, did not have an opportunity to get a good look at his assailant and so

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the victim is only able to provide the police with a fairly general description: “light-skinned
male, twenty to thirty years old; dark clothing, average height and build.”
That description is broadcast over the police radio system, reflecting the only
information currently available to police to use in identifying the robber. You are patrolling
the area near the crime scene and you observe a large number of people of various racial
and ethnic types going about their affairs. One of these individuals who comes into your
view is Caucasian possibly of Hispanic ethnicity, is wearing a dark jacket, is of average
height and build and appears to be in his twenties. The person does not appear to be
acting in any particularly unusual or suspicious manner. He is not, for example, running
from the crime scene. Nor does he turn away from you, attempt to flee, or otherwise try
to avoid you or conceal his physical features.
Based on the information that had been provided to you over the radio, could you
initiate an investigative detention or so-called “Terry” stop?
While in these circumstances you would certainly be permitted to approach the
individual and attempt to engage him in conversation as part of a consensual “field inquiry,”
given the very general description of the wanted suspect, you probably would not be
allowed on these facts to initiate a stop. The B.O.L.O. description in this case was not
sufficiently specific or “particularized” to justify even a brief “seizure” of the person.
In this instance, the limitation on your authority to initiate an investigative detention
would derive from the Fourth Amendment, not the Fourteenth Amendment Equal Protection
Clause. Your use of the individual’s race in this case in trying to determine whether or not
this was the person who had committed the recent robbery would be perfectly legitimate.
It should be noted that a “B.O.L.O.” may, of course, refer to more than one person.
See Drake v. County of Essex, 275 N.J. Super. 585 (App. Div. 1994) (reasonable suspicion
may be established by evidence which points to the guilt of at least one of a discrete group
of individuals), citing to United States v. Fisher, 702 F.2d 372 (2d Cir. 1983) (reasonable
suspicion to stop four African-American males to investigate a robbery committed by three
persons matching their general physical characteristics). The key for our purposes is that
each and every person mentioned or described in the B.O.L.O. is believed to be associated
with specific criminal activity, that is, a particular event, episode, transaction, scheme, or
conspiracy that is the subject of a pre-existing law enforcement investigation.
This is what distinguishes a B.O.L.O. from a “profile.” A B.O.L.O. relates to one or
more specific individuals who are being sought by law enforcement authorities. A “profile,”
in contrast, is more general and describes the characteristics and behavior of a large and
undetermined number of persons who may be involved in various types of criminal activity,
but who are not specifically believed to be engaged in such criminal activity based on preexisting information that law enforcement authorities already know about them as

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individuals. Compare Drake v. County of Essex, supra at 591 (an individualized suspicion
is one that refers to evidence of wrongdoing at a particular time and place, as distinguished
from suspicion based on general group characteristics; detaining officers must have a
particularized and objective basis for suspecting the particular person stopped of criminal
activity).
Applying these basic principles, a profile is merely a tool to aid police in inferring
whether a person may be engaged in criminal activity. A B.O.L.O., in contrast, is a tool for
locating one or more specific individuals who are already the subject of law enforcement
attention and interest.
It is important to note that the so-called “B.O.L.O. exception” to the general rule
prohibiting law enforcement officers from considering race or ethnicity applies whenever
a law enforcement officer is looking for one or more particular persons, whether as a result
of a broadcast alert or as a result of information learned during the course of a particular
investigation of a reported or suspected specific crime. (In Unit 9.2, we will discuss in more
detail a variant of the “B.O.L.O. Exception” when police are “pursuing leads” in the course
of an ongoing investigation.) The exception to the general rule, in other words, is not
limited to circumstances where the “B.O.L.O.” information is “broadcast” over the police
radio or flashed as part of an “All Points Bulletin” or an Amber Alert. Rather, the B.O.L.O.
exception applies to any information describing a particular suspect or suspects without
regard to the exact means by which this identifying and descriptive information is
communicated to, by and among law enforcement officers. By way of example, the
B.O.L.O. exception applies to descriptive information about a wanted person or specific
criminal suspect or suspects that is communicated to police at roll call, by means of
teletypes, a radio dispatch, a wanted flier, or that is provided to law enforcement officers
by a private citizen.
Consider the following situation. You are on patrol in a marked vehicle when you
are flagged down by a pedestrian. She tells you that she just observed an individual selling
drugs out in the open. This observation, according to the citizen-tipster, was made just a
few minutes ago on an adjoining street. The citizen gives you a description of the person,
including a description of the suspect’s race. Based on this information, you go
immediately to the adjoining street where you see several persons of different races milling
about.

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In this scenario, you are of course, absolutely permitted to consider a person’s race
in determining which if any of the persons presently in view may be the same person who
had been described by the tipster as selling drugs. This situation clearly falls within our “Be
on the Lookout” exception because that is exactly what is happening – you are “looking out”
for a particular suspect.
Note that under the Fourth Amendment, you may or may not have enough
information to justify a “Terry” stop. That will depend on a number of factors, including the
detail and specificity of the description of the suspect, the credibility of the citizen who had
provided the information to you, and especially her basis for suspecting that the suspect
had been selling drugs. (It is generally not enough that an informant knows the location or
comings and goings of a suspect; rather, the informant must have a basis for believing that
the suspect is involved in criminal activity, such as in this case, the informant’s personal
observation of open-air drug distribution.) Reviewing courts will ask, for example, whether
this tipster was “anonymous,” or whether you would be able to later find the tipster to hold
her accountable if it were to turn out that she had been lying. (The United States Supreme
Court in Florida v. J.L., 120 S.Ct. 1375 (2002), ruled that an anonymous tip, by itself, is
rarely sufficient to justify a “Terry” stop or frisk, even when the tipster reports that the
suspect is carrying a concealed weapon. However, courts interpreting the J.L. decision
have recognized that a tip that is delivered face-to-face, even from an unidentified person,
is inherently more reliable than an anonymous tip delivered via telephone. See, e.g.,
United States v. Heard, 367 F.3d 1275, 1278-81 (11 Cir. 2001) ).
The critical point for our present purposes is that these fact-sensitive questions arise
under traditional Fourth Amendment law governing searches and seizures. In this
scenario, there is no violation of the Fourteenth Amendment Equal Protection Clause as
a result of the officer having used and relied upon a racial description in trying to identify
the person who had been described by the tipster.
This does not mean that Fourteenth Amendment Equal Protection issues cannot
arise when a law enforcement officer responds to information that has been provided by
a private citizen. There may be circumstances where it is so readily apparent that the
citizen tipster is himself or herself relying entirely on racial stereotypes that it would be
inappropriate for police to give credence to the citizen’s report unless that report provides
objective facts that the officer could use to draw his or her own race-neutral conclusions.
As a general proposition, the Fourteenth Amendment Equal Protection Clause
applies only to government conduct; it does not apply to decisions and actions undertaken
by private citizens who are not acting “under color of state law.” Even so, police officers
must always use common sense in using and relying upon information provided by citizens.
This is certainly a familiar principle to us, at least in the context of the Fourth Amendment.
We all know, for example, that a “tip” provided by an informant is by no means
automatically deemed to be reliable. To the contrary, for purposes of deciding whether the

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tipster’s information establishes reasonable articulable suspicion or probable cause, we
have long known that police must always examine the tipster’s basis for knowledge. In
some instances, police also must consider the informant’s veracity, that is the informant’s
penchant for lying or for telling the truth, at least in the case of a confidential informant who
is said to be involved in the so-called “criminal milieu.” (Ordinary citizens, that is those who
are not believed to be personally involved in criminal activity, are generally assumed to be
trustworthy. See State v. Stovall, 170 N.J. 346, 363 (2002), and State v. Johnson, 171 N.J.
192 (2002). However, police must still question how a citizen came to know the information
that he or she claims to know, and why the informant has reason to believe that the suspect
is involved in criminal activity.) This analytical process is sometimes described in Fourth
Amendment law as the “two-pronged” test of informant reliability. Cf. Illinois v. Gates, 462
U.S. 213 (1983) (rejecting a rigid application of the “two pronged” test for confidential
informants).
To explain how this review or scrutiny of citizen information would apply in the
context of the Fourteenth Amendment, let us consider the following scenario. You are in
uniform and on routine patrol when a citizen flags you down and advises you to be-on-thelookout for a group of “suspicious” adolescents that the citizen recently observed in the
neighborhood. Since you would always want to gather as much information as possible,
you inquire of the citizen as to what the adolescents were doing that led the citizen to
believe that they were acting in a suspicious manner. The citizen replies, “Well, they’re
black kids. They really have no business being around here.” The citizen cannot point to
anything that the youths were doing (besides merely being present in the neighborhood)
that reasonably suggests unlawful activity.
In Unit 11.1, we will discuss in greater detail when and under what circumstances
an officer may consider that a person seems to be “out of place” in a particular
neighborhood. For our present purposes, it is enough to note that in the specific scenario
that we have just described, it should be readily apparent to the police officer that the
tipster’s suspicion is based principally if not entirely on a racial stereotype, and not on an
observation of unlawful or even suspicious conduct. Accordingly, under the general rule
prohibiting police discrimination, in these particular circumstances, you could not use the
tipster’s information as a basis for the exercise of police discretion.
In contrast, had the tipster provided a description of observed facts that are
objectively suspicious, you would of course be permitted to rely on those facts in drawing
your own inferences and reaching your own race-neutral conclusions. (Some examples
of such facts might be that the group of adolescents were creating a loud disturbance, or
were obstructing traffic, or were observed trespassing, throwing bottles or damaging
property.) If you are provided with such objective, race-neutral facts, you would not have
to rely at all on the tipster’s inferences and conclusions. In that event, it would not matter
whether or not the citizen tipster was biased or had relied in part on a racial stereotype.
Let us now change the scenario to further demonstrate that as a general rule, the

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Fourteenth Amendment Equal Protection Clause and our State’s nondiscrimination policy
would not require you to ignore or disregard information provided by private citizens, even
though that information does not meet the Fourth Amendment standard for initiating an
investigative detention or for making an arrest. Let us suppose that instead of flagging you
down on the street, the citizen tipster had called the police station to report that a number
of youths at a certain location were “hanging out” and acting “suspiciously.” The tipster
does not reveal to the dispatcher the exact reasons why she had concluded that the
adolescents were behaving in a suspicious manner, and the dispatcher simply relays the
raw information to you to check out as part of your routine patrol function. In this case, it
is by no means readily apparent that the information was based on an inappropriate racial
stereotype and in these circumstances, the responding officer would, of course, be allowed,
indeed expected to proceed to the scene to determine for himself/herself whether anyone
was engaging in objectively suspicious conduct. In other words, a police officer dispatched
to investigate a situation is not required to assume that a tip or citizen’s report of
information is based on a racial stereotype.
To this point in our discussion of the “B.O.L.O. exception” to the general rule
prohibiting police from considering a person’s race or ethnicity, all of the persons described
in a B.O.L.O. alert or “All Points Bulletin” were criminal suspects. It is important to note,
however, that the B.O.L.O. exception need not be limited to specific persons who are
“suspects,” that is, individuals who are suspected of being personally involved in criminal
activity. Rather, a B.O.L.O. alert can certainly include innocent persons, including
witnesses and victims. An Amber Alert, for example, may focus as much on the description
of the victim as on the description of a suspected offender. Indeed, for practical reasons,
the description of the victim in such an alert may well be far more detailed and useful than
the description of a suspected kidnapper.
Furthermore, the pre-existing law enforcement investigation need not have
established probable cause to believe that a crime has actually been committed. For
example, police may issue a B.O.L.O. for a “missing person” (and any other individuals
believed to be associated with that missing person) without having to have established that
the missing person was kidnapped or murdered.
In sum, the “B.O.L.O. exception” applies whenever police officers are alerted by any
means to “look out for” a specified individual (or group of specific individuals), even though
these persons may not themselves be criminal suspects, but rather may merely be persons
that some law enforcement agency wants to locate in furtherance of a law enforcement
investigation.

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9.2

The Legitimate Use of Race or Ethnicity to Pursue Specific Suspects or
“Leads” During the Course of a Particular Criminal Investigation

As we have seen, the so-called “B.O.L.O. Exception” applies whenever a law
enforcement officer uses race or ethnicity for the purpose of describing and identifying one
or more particular, specific suspects or persons of interest during the course of a preexisting investigation into specific criminal activity (i.e., a specific event, episode,
transaction scheme, or conspiracy). What distinguishes a legitimate example of the
B.O.L.O. Exception from an illegitimate use of a racial or ethnic stereotype is that the
B.O.L.O. Exception focuses police attention on persons who are the subjects, targets or
witnesses in a specific ongoing investigation, whereas an impermissible stereotype is, by
its nature, very generalized. (If we were to use Fourteenth Amendment Equal Protection
Clause terminology to describe this difference, we might say that the use of racial or ethnic
characteristics in a B.O.L.O. situation is “narrowly tailored,” while the reliance on racial or
ethnic characteristics as part of a stereotype is not.)
Another way to think about the distinction is that the B.O.L.O. Exception applies to
an ongoing investigation of a specific crime or ongoing criminal scheme that has already
been reported, or that at least is already suspected based on particularized facts that are
already known. The impermissible use of race or ethnicity, in contrast, is much more likely
to arise when an officer is first trying to determine whether a crime is occurring at all, such
as when an officer assigned to patrol duties happens by chance to encounter a citizen and
the officer spontaneously seeks to convert this as yet routine, unplanned encounter (such
as a traffic stop) into a criminal investigation. This police patrol practice is sometimes
referred to as “digging” and is now frowned upon by many courts for reasons that we will
discuss in much more detail in Unit 13.3.
It should be noted that throughout this course of instruction, the legitimate law
enforcement practice of pursuing specific leads and winnowing down the list of potential
suspects while investigating a specific criminal event, episode, transaction, scheme or
conspiracy is essentially considered to be a type of “Be on the Lookout” situation for the
purposes of determining whether it is permissible to take into account a person’s race or
ethnicity. This analytical approach makes sense since a law enforcement officer
investigating a specific case is pursuing or “looking out for” one or more specific individuals
(the perpetrators of or witnesses to this particular crime), even though the officer at this
stage of the investigation may not yet know the identity of any suspects or witnesses and
may not yet be able to describe them with any specificity.
Alternatively, the notion of pursuing leads during the course of a specific
investigation might be thought of as a separate and distinct “exception” to the general rule
that law enforcement officers may not consider a person’s race or ethnicity in drawing
inferences of criminal involvement and may not treat people differently based on their race
or ethnicity. That analytical approach and nomenclature is perfectly acceptable under
Attorney General Law Enforcement Directive 2005-1, so long as it is clearly understood that

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the Fourteenth Amendment Equal Protection Clause and our statewide nondiscrimination
policy applies at all times to all law enforcement officers, and not just to uniformed police
officers assigned to patrol duty. See Unit 8.2 (the basic non-discrimination rule applies to
all police decisions). Detectives, in other words, can certainly violate the rule prohibiting
racially influenced policing.
Consider, by way of example, a case where a specific crime has been reported,
such as an automobile theft, but there is no eyewitness to provide any description of the
thief. Under our nondiscrimination policy, a detective assigned to investigate this offense
could not, of course, focus his or her attention on minority citizens based on the derisive
stereotype that such citizens are generally more likely than non-minority citizens to commit
this type of crime. Any such investigation would clearly constitute racially influenced
policing in violation of Attorney General Law Enforcement Directive 2005-1.
The critical distinguishing characteristic between the permissible and impermissible
consideration of race depends on the specificity of the suspicion and the information upon
which that suspicion is based. Law enforcement officers must ask themselves whether
they are focusing on specific suspects or witnesses (pursuing one or more specific “leads”)
or rather are relying on a generalized inference about racial or ethic groups (a stereotype).
Recall from our discussion in Unit 6.6 that the “strict scrutiny” test under the Fourteenth
Amendment requires that any governmental reliance upon race or ethnicity must be
“narrowly tailored” to achieve the compelling governmental objective.
The key point is that while police are, of course, permitted to pursue specific leads
during the course of a specific ongoing investigation, they are not permitted to rely upon
broad-brushed, race or ethnicity-based stereotypes about who is generally more likely to
be involved in criminal activity. When police are following a specific lead, they may, for
example, consider any relevant fact or circumstance (including a person’s race or apparent
ethnicity) that may help to winnow out any individual who is clearly not a subject, target,
witness or person of interest in this particular investigation, just as police may quickly
discount or ignore any person who clearly does not match the description in a traditional
B.O.L.O. bulletin. In other words, our statewide nondiscrimination policy by no means
requires police to interview or otherwise interact with persons who could not possibly be
aware of information relevant to a specific ongoing investigation, and in certain
circumstances, a person’s race or ethnicity could be used to exclude him or her from further
consideration. (For a specific example of such a situation, see Factual Scenario #6 in the
Skills Assessment portion of this course of instruction.)
Relatedly, it is important to understand that the “B.O.L.O. Exception” to the general
rule prohibiting any consideration of race or ethnicity is certainly not limited to situations
where an “All Points Bulletin” was actually “broadcast” to police. As noted above, this
exception to the general rule applies when a law enforcement officer during the course of
an ongoing investigation of a specific incident or scheme develops a reason for locating (in
other words, a reason to “look out for”) one or more persons believed to have information

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relevant to this particular criminal investigation. This would be true even though the officer
may not yet know the exact identities of these potential witnesses, and cannot provide a
specific description of these individuals that might be broadcast to or otherwise shared with
other officers via a traditional B.O.L.O. bulletin. (Indeed, the objective of the criminal
investigation at this stage may simply be to identify and locate potential witnesses and
suspects.)
In certain circumstances, a “Be on the Lookout” situation may exist for purposes of
our statewide nondiscrimination policy even when no information has been communicated
from one law enforcement officer to another. A single officer, for example, may learn
something during the course of an encounter or investigation that prompts him or her to
seek out some other person or persons for additional information. The officer may proceed
to look out for this new witness, suspect or information source without advising any other
officers or bothering to enlist their assistance in locating this specific individual or
individuals who the investigating officer wants to find. This commonsense practice is
essentially nothing more than pursuing or following up on investigative “leads.”
The point is simply that detectives assigned to a specific case (and uniformed
officers who are pursuing a specific investigation as well) are permitted, indeed are
expected to pursue leads during the course of the ongoing investigation. In doing so, law
enforcement officers may focus their attention on any and all individuals who may have
information concerning the particular incident, particular scheme or particular organization
that is the subject of the ongoing investigation. Similarly, officers investigating a specific
crime may focus their attention on specific places or premises where potential suspects or
witnesses to that particular criminal episode are most likely to congregate.
To underscore this point, let us consider a situation that at first glance might look as
if you were relying inappropriately on race or ethnicity, when in reality you would actually
be relying on appropriate, race-neutral criteria. You are a detective conducting a criminal
investigation of a reported crime, in this instance, a murder. In the course of investigating
the homicide, you will want to speak to friends, co-workers, and neighbors of the victim and
of any potential suspect that you may already have in mind. Suppose that, as it turns out,
the victim tended to associate with persons who shared the victim’s own racial or ethnic
background. In that event, the persons who you would be seeking out to interview (the
friends, co-workers, and neighbors of the victim), would tend to be persons of a particular
race or ethnicity.
In a closely related vein, you might want to canvas the neighborhood, local bars,
stores, etc. seeking information about the victim and any potential suspect. Naturally, you
would “target” those places where the victim was known to have frequented. If the
neighborhood that you would be canvassing is predominantly comprised of citizens of a
particular race, then your investigative efforts would tend to focus on persons of that race.

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Let us suppose that the homicide victim was believed to be a member of a particular
gang. In that event, you would be permitted and would be expected to try to identify other
members of that specific gang or “set” who might have information about the circumstances
of this particular crime. So too, if intelligence information reveals that there is a rival gang
in the area, you would, of course, be expected to investigate the possibility that the rival
gang may have been involved in this murder, and you could focus your attention on
persons who are believed to be members of that specific rival gang, as well as on persons
who might otherwise have information concerning the activities of that specific rival gang.
(In Unit 10, we will be considering the gang problem in more detail.) In pursuing any such
specific investigation involving a particular group or gang, an officer could, of course,
exclude from consideration those persons who could not possibly be affiliated with this
specific gang by reason of the gang’s own membership criteria.
These are all examples of legitimate law enforcement work. In these situations, you
would not be using anyone’s race or ethnicity to draw a generalized inference of his or her
propensity to commit crime. While the overwhelming majority of persons that you would
select to approach and interview might happen to be persons of a particular racial or ethnic
background, you would not be considering their skin color as the basis for a generalized
or stereotype-influenced inference of criminality.
Another way to think about this distinction is that in this crime investigation scenario,
the detective during the course of the ongoing investigation of specific criminal activity (the
reported homicide) is only reacting to facts and circumstances over which he or she has
no control. In this case, the officer is permitted, indeed expected, to “follow leads”
wherever they may happen to go, and without regard to the racial or ethnic characteristics
of any persons that the detective may encounter during the investigation.
This is very different from a spontaneous and “proactive” police-citizen encounter,
such as where an officer on patrol is trying to first see whether a crime is being committed
at all. In such a scenario, as may occur during a routine traffic stop, the officer is not
following leads, so much as pursuing hunches in the hope of fortuitously uncovering as yet
unreported and unrevealed criminal activity. As we will discuss more fully in Unit 13.3,
courts in New Jersey are critical of this kind of proactive “digging,” especially when a police
officer seeks to escalate a routine motor vehicle stop or pedestrian field inquiry into a fullblown criminal investigation.
Finally, it should be noted that law enforcement officers may obviously consider race
or ethnicity in the course of an ongoing investigation when those physical characteristics
are at issue in the case or are relevant to the elements of the specific offense that is the
subject of the investigation. If, for example, police are investigating an alleged or
suspected violation of the crime of bias intimidation defined at N.J.S.A. 2C:16-1, they may,
of course, consider all circumstances that would tend to prove or disprove that the
perpetrator acted “with a purpose to intimidate an individual or group of individuals because
of race, color . . . or ethnicity.” N.J.S.A. 2C:16-1a(1).

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In other words, law enforcement officers investigating the offense of bias
intimidation, or any crime where race or ethnicity was related to the motive for committing
the offense, may consider the race or ethnicity of the suspected perpetrator(s) and
victim(s). This is simply another type of situation where police would be “following leads”
in the course of an ongoing investigation of specific criminal activity (i.e., a specific event,
episode, transaction, scheme or conspiracy).

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UNIT 10: THE GANG PROBLEM
One of the most difficult challenges in complying with the basic rule that race and
ethnicity may not be considered to any degree in deducing whether an individual is
engaged in criminal activity arises in the context of how a law enforcement officer goes
about determining whether an individual is a member of a gang or other criminal
organization that happens to be comprised largely of persons of a given race or ethnicity.
Regrettably, the gang problem in New Jersey has worsened in recent years, and law
enforcement agencies will be expected to adopt strong measures to aggressively disrupt
these criminal organizations. There are nonetheless many legal pitfalls and landmines that
police officers must take careful steps to avoid. It is therefore important that we consider
this issue in some detail.
We start our analysis by recognizing a simple and undeniable fact: some criminal
organizations are comprised of persons of like racial or ethnic characteristics. Some of
these groups or gangs are thus said to be exclusionary, meaning that they exercise their
First Amendment right to associate with whomever they please, even if this means
practicing a form of racism and bigotry.
The general rule for police under the Fourth Amendment is that a Terry stop or
ensuing frisk may not be based solely on the fact that a person is a member of a particular
group, even if other members of that group are often associated with criminal offenses.
See, e.g., Drake v. County of Essex, 275 N.J. Super. 585 (App. Div. 1994). Were it
otherwise, police would be permitted to repeatedly detain a known gang member any and
every time he or she is recognized without regard to whether the officer is aware of any
facts that suggest that the gang member is presently engaged in criminal activity.
Courts recognize, however, that a person’s known membership in a specific criminal
organization such as a particular street or motorcycle gang is highly relevant and may of
course be considered by a police officer as part of the so-called “totality of the
circumstances.” For obvious and compelling reasons, moreover, gang membership may
be especially relevant in the context of an officer’s reasonable suspicion that an individual
may be armed and dangerous, at least where members of the particular group that the
person is believed to be associated with are known to typically carry firearms or other
weapons.
The legal and practical problem for police officers is that we must reconcile this
principle of Fourth Amendment relevance (gang membership is a legitimate factor for police
to consider) with the fundamental Fourteenth Amendment principle that police are not
permitted to draw any inferences of criminal activity from a person’s race or ethnicity.
The answer to this dilemma is that while membership in a criminal organization is
a legitimate factor that an officer may use in determining whether a person is presently
engaged in criminal activity, or is armed and dangerous, an officer in this State is not

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permitted to use the person’s race or ethnicity in first assessing the likelihood that the
person is, in fact, a member of any such criminal organization. To do otherwise would be
to practice a form of legal bootstrapping, placing the cart before the horse by drawing an
inference (the person is presently engaged in criminal activity) from a predicate fact (gang
membership) that has not yet been established.
The key to complying with the Fourteenth Amendment in this situation lies in your
ability to carefully “line up the ducks” of your reasonable suspicions. The notion that the
Constitution requires police to pay careful attention to timing (the proper sequencing of
police decisions) is hardly a new or radical idea. After all, we have always known that
under the Fourth Amendment, officers must be prepared to articulate the specific reasons
that justify their suspicions before acting upon those suspicions by engaging in conduct that
intrudes upon Fourth Amendment interests, such as initiating an investigative detention or
conducting a frisk. For example, police officers may not initiate a routine motor vehicle stop
until after they have observed a motor vehicle violation. If an officer were to make the stop
without first seeing a violation, the fact that the officer subsequently observed an equipment
violation while walking up to the stopped vehicle would not, of course, justify the stop. Any
such belated discovery of an equipment violation would be deemed to be a “fruit” of an
illegal detention.
In sum, police officers in this State are prohibited from relying to any degree on
generalized stereotypes about who is more likely to be a gang member. Rather, a law
enforcement officer must have some objective and specific basis to believe that an
individual might actually be a member of a particular criminal gang or group before the
officer may draw an inference of criminality from any such group association. If, for
example, an officer were to recognize that a motorist or pedestrian was wearing a jacket
bearing the distinctive insignia of a specific motorcycle gang, the officer at that point would
have an objective and articulable factual basis to suspect that the person is associated with
that particular gang, and at that point, the officer could proceed to draw reasonable
inferences from such specific gang affiliation. (In Unit 8.1, we found that the way in which
a person dresses may in certain circumstances be considered to be an expressive form of
conduct, which is something that police officers are allowed to consider in drawing
reasonable inferences based on their training and experience.)
The critical point is that police officers should not simply guess at gang membership,
or rely upon inarticulable hunches (which, as we have seen, may be influenced by all-toocommon stereotypes). Rather, a law enforcement officer must be prepared to articulate
why he or she had an objectively reasonable basis for believing that a particular person
was in fact a member of a specific gang or group, based upon objective, articulable and
specific indicators that have been provided through training or that were learned through
personal experiences. It is also important to remember that the general rule is that police
should focus on a person’s conduct in deciding whether that person is engaged in criminal
activity.

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In the gang recognition context, this careful “line up your ducks” approach makes
sense from a practical as well as legal perspective for the simple reason that the
percentage of persons of any particular racial or ethnic background who are actually
members of a criminal group is exceedingly small. It is, of course, true that a person could
not be a member of a particular exclusionary group or gang unless the person shares the
racial or ethnic characteristics of that group. Skinhead white supremacy groups that
commit bias crimes, for example, are, by definition, comprised of Caucasians. It does not
logically follow, however, that a significant percentage of persons of like characteristics
(Caucasians, or Caucasians with shaved heads) are members of any such criminal
organization. In fact, the percentage of persons who are actually members of any such
organization is so small that an officer could make no rational (much less legally sufficient)
conclusion about a person’s gang membership based on the person’s race or ethnicity.
To further explain this point, let us draw an example from the New Jersey law
enforcement community’s tireless efforts to deal with so-called “traditional” organized crime
groups that are sometimes referred to collectively as “La Cosa Nostra” or “the Mafia.” The
La Cosa Nostra families that operate in the New York, New Jersey, and Philadelphia areas
are comprised almost entirely of persons of Italian ancestry. Let us suppose that an officer
were to pull over a motorist and deduce from the motorist’s surname that he is of Italian
heritage. It almost goes without saying that it would be ludicrous (and offensive) for the
officer to treat that citizen as if he were a suspected solider, associate, lieutenant or caporegime of a La Cosa Nostra family. It is true that this person could conceivably be a
Mafioso; he is not precluded from that possibility according to the ethnicity-based
membership criteria and recruiting practices of this particular gang. But all but the most
unenlightened bigot understands that the percentage of Italian-Americans who are actually
associated with organized crime is negligible. Indeed, no law enforcement officer in this
State would even think for a moment to treat an Italian-American motorist under suspicion
of being a Mafioso on the basis of the person’s apparent ethnic heritage.
The key point to understand is that this basic principle applies to all colors and
ethnicities. This does not mean that there are not organizations comprised of persons of
certain racial backgrounds or from certain foreign nations that, for example, traffic in illicit
drugs or engage in other types of organized criminal activity. Regrettably, New Jersey is
home to many African-American, Hispanic, Asian, former Soviet-bloc, and white
supremacist criminal organizations. But the percentage of citizens from each and every
racial and ethnic group who are actually members of such organized street gangs or drug
trafficking networks is so small that no officer could entertain an objectively reasonable
suspicion that a motorist or pedestrian is a member of such a gang or criminal enterprise
on the basis of race or ethnicity.
For all of these reasons, it is not enough to provide gang “awareness” information
to law enforcement officers in which we broadly describe the general nature of the
worsening gang problem. Rather, we must provide detailed and specific gang recognition
training that provides officers with the objective specific facts that they can use to recognize

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ongoing gang activity and to reasonably determine whether a particular individual is likely
to be associated with a particular gang. Such training must focus on the specific and
distinctive hand signals, tattoos, insignia, jewelry, code words, rituals, and “colors” that are
“flown” by specific gangs that are believed to be operating, organizing or recruiting within
the trainee’s patrol jurisdiction.
Gang recognition trainers must be very careful to minimize the chances that the
information that they provide will be taken out of context or misinterpreted and misapplied.
A trainer before supplying a piece of information to an audience should always consider
and anticipate how that bit of information is likely to be used by law enforcement audience
members out on the street. In other words, instructors (and those who develop and
disseminate intelligence bulletins and reports) should carefully consider the intended
purpose for including a bit of information, especially when that information relates to a racial
or ethnic classification.
By way of example, broadly announcing that “African American gangs are forming
and expanding in this town,” without more specific information or explanation, could
foreseeably cause local police officers to view all black youth in town under suspicion of
being potential gang members. Any such generalized warning is inadequate and
unacceptable because it is likely to be misinterpreted and foster broad-brushed
stereotyping. For recognition training to be meaningful, the instructor must instead explain
in precise detail how an officer can reliably determine whether a given citizen is (or is not)
a member of a specific, particular gang.
Remember that a little knowledge can be a dangerous thing. In some respects,
incomplete or imprecise gang “awareness” training is like taking a half-day course in Tae
Kwan Do. You are likely to learn just enough to get into serious trouble.

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UNIT 11:

SOME SPECIFIC EXAMPLES OF RACIALLY-INFLUENCED POLICING

The problem of racially-influenced policing is by no means limited to the purposeful
or even subconscious use of racial stereotypes in an effort to interdict illicit drugs on
interstate highways. There are a number of other enforcement situations where race or
ethnicity can inappropriately influence the exercise of police discretion. In this unit, we will
talk about three such examples that can arise in any police department: (1) when an officer
draws an inference of suspicion because a person does not appear to “fit” the
neighborhood he or she is in; (2) when an officer draws an inference of suspicion because
two or more persons of different races or ethnicities are congregating; and (3) when an
officer draws an inference of suspicion because an individual does not appear to “fit” the
vehicle that he or she is driving.
11.1

Persons Who Appear to be “Out of Place”

Police officers on patrol are expected to look out for suspicious behavior, that is,
conduct that, while innocent on its face, might be consistent with ongoing criminal activity.
By way of example, one of the modus operandi or “methods of operation” associated with
street level drug activity is that persons from out of town will sometimes drive into an urban
area that is known to be an “open air” drug market. These visitors are there to purchase
drugs by means of what is sometimes referred to as a “stranger to stranger” transaction.
(This is often done out in the open because these visiting purchasers are afraid to park
their vehicles and venture into inner-city dwellings to complete transactions behind closed
doors; the purchasers instead prefer the perceived safety and convenience of making
transactions in or very near their vehicles.)
The question logically arises, when and under what circumstances can a police
officer react to information that suggests that a person who is observed in such a highcrime area is not a resident of that area, leading to the inference that he or she may be
there to conduct illicit business? Needless to say, some neighborhoods have a definite
racial or ethnic composition, that is, the residents of that neighborhood or community may
be predominantly of one race or ethnicity or another. The real issue, therefore, is whether
and to what extent an officer may consider a person’s race or ethnicity in determining
whether this individual is in fact a visitor who is here to engage in an illicit drug transaction.
Applying the general rule that we have restated repeatedly throughout this course,
it is inappropriate for an officer to draw an inference that a person is a non-resident who is
“up to no good” in a predominantly minority neighborhood by considering the fact that the
person is white, since, in essence, the officer would be inferring possible criminal activity
from the person’s racial or ethnic characteristics.
The same legal principle would, of course, apply in a case involving a minority citizen
who was walking or driving in a neighborhood comprised predominantly of non-minority
citizens. Indeed, this latter situation may seem to be a more obvious example of

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impermissible race-influenced policing. Few would question that it would be inappropriate
for an officer to infer that a minority citizen is “suspicious” simply because he or she is
walking or driving in a non-minority neighborhood.
The critical point, however, is that the Equal Protection Clause requires equal
treatment, and protects persons of all races and colors from being treated with suspicion
based upon their race or ethnicity. In State v. Kuhn, 213 N.J. Super. 275 (App. Div. 1986),
a Caucasian defendant had been observed in a vehicle conversing with two Hispanic males
in a high-crime area. The appellate court expressly held that, “if defendant as a white
person in a predominantly black neighborhood could be stopped and searched, so could
any black person seen in a predominantly white neighborhood. That simply is not the law.”
213 N.J. Super. at 281.
The key to complying with this rule is to recall that police officers when drawing
inferences of suspiciousness and criminality are required in New Jersey to focus not on a
person’s racial or ethnic characteristics, but rather on the person’s conduct. If an officer
were to observe an individual (without regard to his or her race or ethnicity) engaging in
objectively suspicious conduct, then the officer could certainly act upon that observation.
Thus, for example, police could take into account whether a person is driving slowly around
the block or “cruising” in a high crime area or open air drug marketplace. An officer could
also take into account whether the person stopped and called a known or suspected drug
dealer over to his car, or made some kind of hand to hand transfer of an object.
These are objective facts that, although quite possibly innocent, nonetheless are
consistent with criminal activity based on the modus operandi or methods of operation of
persons who are engaged in, or who are about to engage in, illicit drug deals. So too, a
person cruising slowly through a neighborhood could be “casing” a house or business in
preparation for a future burglary or other criminal act. In all of these instances, the unusual
movements and actions of the vehicle or its occupants would constitute objective facts that
an officer could take into account in determining whether criminal activity might be afoot.
The fact that such activity might also be consistent with innocent behavior (for example,
the person may merely be looking at house numbers to find a particular address), does not
preclude the officer from considering these facts in determining whether there is a basis to
initiate a consensual encounter or an investigative detention. See State v. Arthur, 149 N.J.
1 (1997) (“It must be rare indeed that an officer observed behavior consistent only with guilt
and incapable of innocent interpretation.”).
By the same token, the rule that we just discussed does not mean that a police
officer is prohibited from considering whether a person is not a resident of a particular area,
or may be a resident of or recently traveled to or from another specific jurisdiction, such as
a known “source” city of illicit drugs. Rather, the point is that an officer may not rely to any
degree on an individual’s skin color in determining whether the person’s presence is
suspicious or warrants further investigation. While being from “out of town” is clearly not
a sufficient reason to initiate an investigative detention, that fact might nonetheless be a
relevant and a legitimate factor for a police officer to consider where, for example, the

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officer knows that out of town citizens frequently come to a particular area to engage in
criminal activity.
Thus, for example, if a police officer who routinely patrols a public housing project
sees an individual that the officer does not recognize as a tenant, the officer may approach
the individual to inquire whether he or she is a guest of a tenant, or is instead trespassing
on housing authority property or is otherwise violating visitor security rules and protocols.
So too, if a community policing officer while patrolling a public street knows everyone in the
area and sees a person who he does not recognize, the officer may reasonably (and
lawfully) infer that this person is not a resident of that area, and the officer at this point may
take that race-neutral predicate fact into account in determining whether the person’s
presence warrants closer scrutiny. A police officer might also deduce that a motorist is
likely to be a resident of another jurisdiction based upon information learned from a motor
vehicle lookup. (Note that while police may “run the plates” of a vehicle without first
observing a violation -- a so-called “random” lookup -- under New Jersey law, police may
not access “personal information,” such as the address of the registered owner, unless they
have observed a motor vehicle violation or unless the initial “random” lookup information
discloses a basis for further police action (e.g., the vehicle is reported stolen or the
registered owner is on the revoked list). See State v. Donis, 157 N.J. 44 (1998). Of
course, whether a motor vehicle violation is observed or not, the motorist’s race or apparent
ethnicity may play no part in an officer’s decision to conduct (or not to conduct) a computer
inquiry, whether the officer’s purpose is to try to determine if the motorist is from another
jurisdiction, or the inquiry is done for some other investigative purpose. See State v.
Segars, 172 N.J. 481 (2002) (per curiam)).
Furthermore, the rule that we have just discussed does not mean that a police officer
may not focus on and react to a person who is in a place where there is a race-neutral
reason to believe that the person is trespassing or otherwise does not belong there. For
example, police could certainly respond if they learn that someone is walking or driving in
a restricted area, or in the parking lot of a closed store, or they learn that an adult is
“hanging around” a schoolyard. An officer in these circumstances could certainly react to
these situations by conducting a discreet surveillance to further scrutinize the person’s
conduct, or could go ahead and initiate a consensual field inquiry, or could even initiate an
investigative detention or so-called “Terry” stop, provided, of course, that the facts taken
together establish a reasonable articulable suspicion to believe that criminal activity is
afoot. In State v. Nishina, 175 N.J. 502 (2003), for example, the New Jersey Supreme
Court unanimously held that, based on the totality of the circumstances, the officer in this
case had reasonable suspicion to stop and ask the defendant for credentials where the
defendant was observed on school grounds late at night when the school was closed and
offered no legitimate explanation for being on school grounds.
Once again, the point is that officers are allowed to scrutinize and investigate
persons who appear to be out of place, such as persons who, based on their movements,
seem to be lost. Police officers in this State are not, however, allowed to use race or

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ethnicity as a factor in determining that the person’s presence is suspicious.
11.2

Interracial Groups

Another example of impermissible racially-influenced policing occurs when a law
enforcement officer draws an inference of suspiciousness from the fact that persons of
different races or ethnicities are seen together or are traveling in the same vehicle. Any
such inference would be based on the generalized racial stereotype that people tend to
congregate only with persons of their own racial or ethnic backgrounds, and so when
persons of different races interact, they are more likely to be engaged in some kind of illicit
transaction. This broad-brushed stereotype is racially-based and thus can play no part in
an officer’s reasoning process, as was made clear by the court in State v. Kuhn, 213 N.J.
Super. 275 (App. Div. 1986) – the case where the defendant was a Caucasian male who
was seen in a vehicle conversing with two Hispanic males in a high crime area.
11.3

Persons Who Do Not Appear to “Fit” Their Vehicles

Yet another not so subtle kind of racially-influenced policing can occur when a police
officer’s decision to “run the plates” of a vehicle or to initiate a stop is in any way influenced
by the notion that the driver does not appear to “fit” the vehicle that he or she is operating.
The supposition that a person does not appear to “match” the vehicle based on the
person’s race or ethnicity is essentially nothing more than an inarticulable hunch predicated
upon a stereotype, such as, for example, the broad brushed notion that minority citizens
are less likely to be able to afford a high-priced vehicle, leading to an inference that either
the vehicle is stolen, or else that the minority citizen must have some illegitimate source of
income (such as drug trafficking) to be able to afford this automobile.
This is an especially important and problematic example of racially-influenced
policing that we need to address and eradicate. Law enforcement agencies in New Jersey
and throughout the country have received numerous complaints from men and women of
color who have been repeatedly stopped by police for the most minor motor vehicle
violations and who were essentially treated as criminal suspects when they happened to
be operating expensive sports or luxury vehicles. Before you ever draw and act upon an
inference that a person seems not to fit the vehicle he or she is driving, you must stop and
ask yourself why exactly you suspect this to be so, and you must be absolutely certain that
the driver’s race or ethnicity played no part in your reasoning process. Remember, you
cannot “run the plates” of a vehicle to check out a racially-influenced hunch, because that
police act is subject to the requirements of the Fourteenth Amendment Equal Protection
Clause even though the suspected motorist is unaware of and may never learn about your
computer look-up. See State v. Segars, 172 N.J. 481 (2002) (per curiam).

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PART III

UNDERSTANDING THE NATURE AND PECULIARITIES OF SELECTIVE
ENFORCEMENT LITIGATION

UNIT 12:

HOW COURTS AND PROSECUTORS ADDRESS RACIAL PROFILING

12.1

The Role of Prosecutors in Screening Cases and Anticipating Litigation
Problems

Police officers, as professionals, are entitled to know how courts go about reviewing
and critiquing the exercise of police discretion. Police officers cannot fully appreciate how
racial profiling cases will be litigated without first understanding the role of prosecutors, and
how prosecutors go about addressing and anticipating the legal issues that might arise in
a motion to suppress physical evidence based upon an alleged violation of a defendant’s
Fourth or Fourteenth Amendment rights.
It is a prosecutor’s responsibility at the very outset of a criminal case to gauge the
likelihood of ultimately prevailing in court. This review process is sometimes called “case
screening.” When a prosecutor determines that there is a significant possibility that key
evidence may be suppressed, the prosecutor will tend to devalue the case as part of the
plea bargaining process. (Almost 97% of all convictions for indictable crimes in New Jersey
are the result of a plea agreement, rather than a trial.) In other words, the plea offer that
a prosecutor tenders to a defendant will account for any perceived weaknesses in the case,
including the possibility that crucial State’s evidence may be suppressed.
In addition to considering the probability of ultimate success, the prosecutor will also
consider the amount of time and effort that must be expended throughout the course of any
anticipated litigation. When a prosecutor anticipates that a particular motion to suppress
will be difficult or especially burdensome to handle, the prosecutor will take the anticipated
expenditure of prosecutorial and judicial resources into account in deciding whether a case
should be resolved through a negotiated guilty plea rather than a trial. (In State v. Soto,
324 N.J. Super. 66 (Law Div. 1996), the motion to suppress hearing involved a remarkable
75 days of testimony. Racial profiling cases also tend to involve extensive pretrial
“discovery,” where thousands of pages of police reports and other internal police
department documents may have to be identified, copied and made available for
inspection. See, e.g., State v. Ballard, 331 N.J. Super. 529 (App. Div. 2000).)
Finally, prosecutors must always consider whether litigating a case will produce
adverse legal precedent, providing trial or appellate courts with an opportunity to make new
law that will further limit the discretion and authority of police officers. (This concern applies
to cases arising under both the Fourth Amendment and the Fourteenth Amendment.) It is
often said in this regard that “tough cases make bad law.”
One of the biggest problems we face, and one that we are beginning to tackle in this
training course, is the need to improve the lines of communication between prosecutors
and police. We know that there already is a natural tension between prosecutors and

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police officers. After all, cops and troopers risk their lives to make criminal cases, whereas
prosecutors are seen as trying to dispose of those cases as quickly and easily as possible.
(It is interesting to note that the final resolution of a criminal case is called a “disposition.”)
Too often, moreover, prosecutors do not do a good enough job explaining to police officers
why cases were handled in the way that they were. This breakdown in the lines of
communication has been a source of considerable frustration, leading some law
enforcement officers to believe that prosecutors are just “dumping” racial profiling cases.
It is therefore important for police officers to understand the legal procedures and
challenges that prosecutors will face in the courthouse when litigating a selective
enforcement case. As it turns out, a prosecutor’s decision to dismiss a case, or to devalue
it in the plea-bargaining process, does not necessarily mean that the prosecutor believes
that the officer has engaged in discriminatory practices. (And as we have already seen,
by no means does the decision to dismiss or downgrade a case constitute a finding by the
prosecutor that the officer is a racist. See Unit 7.) Rather, the decision to dismiss or
downgrade a case may mean only that the prosecutor has determined that there is not
enough legal or factual ammunition available to successfully contest the case in light of the
so-called “burden-shifting template” that has been adopted by the New Jersey Supreme
Court. (We will discuss this “burden shifting” analytical model in Unit 12.5.) That is why
it is

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so important for police officers today to understand some of the litigation realities involved
in selective enforcement litigation.
12.2

The Role of “Reviewing” Courts

Courts have the opportunity if not the obligation to “second-guess” the split-second
decisions made by police officers out in the field. Indeed, a judge hearing a motion to
suppress is often called a “reviewing court.” It may seem unfair to police officers that
judges – who usually have no practical law enforcement experience – get to review an
officer’s split-second decisions with the benefit of 20/20 hindsight and from the comfort and
safety of courtrooms, offices and law libraries.
The problem is exacerbated because, in most cases, police officers do not get to see
what happens inside the courthouse and rarely if ever get to observe an entire case from
start to finish. As law enforcement professionals, however, police officers are entitled to
understand the inner workings of the process by which judges analyze or, literally, “break
down” a police officer’s roadside decisions. It is also important for police officers to
understand some of the significant differences in the way in which courts analyze traditional
Fourth Amendment cases, as compared to “selective enforcement” cases under the
Fourteenth Amendment.
12.3

The “Motion Picture” Analogy

Police officers in New Jersey are far more familiar with the manner in which
traditional Fourth Amendment claims are analyzed. We will therefore start here as a way
of showing some of the critical differences between selective enforcement cases and cases
involving “regular” search and seizure issues.
Fourth Amendment litigation focuses entirely on the conduct of a police officer
during a particular encounter with a particular defendant. The analytical approach used by
reviewing courts can be likened to watching a motion picture. The reviewing court is a
“critic,” who will closely observe the officer’s conduct from start to finish, frame-by-frame
as the story unfolds. (The court usually learns about what happened out on the street by
listening to testimony, but sometimes, the court may have an opportunity to watch an actual
motion picture if the on-the-scene encounter was recorded by an MVR (Mobile Video
Recorder) in a police vehicle.)
The reviewing court always has the option of rewinding and replaying the imaginary
motion picture, and the court also has the option to use what could be likened to the “slow
motion,” “freeze frame” and “zoom in” features of a remote control on a DVD player,
allowing the court to hone in and pay especially close attention to a particular “frame” of film
that shows a particular step taken by the officer that may have especially important legal
significance.
In some ways, this review process can be likened to the way in which an NFL

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referee responds to a “coach’s challenge” following a controversial play. The referee will
review the key aspects of the play in dispute from various angles, zooming in on some
critical point and making full use of slow motion and freeze frame controls while the
opposing teams wait anxiously to see if the referee will reverse the ruling made out on the
field. (Under NFL rules, the ruling on the field will not be reversed in the absence of
“indisputable visual evidence.” In essence, the NFL has established a “burden of proof” on
the team challenging the play by creating a “presumption” that the ruling on the field is
correct. As we will see in Unit 12.5, this same basic approach is used in both Fourth and
Fourteenth Amendment litigation and is an extremely important concept that we will discuss
in great detail.)
The key point for our present purposes is that under traditional Fourth Amendment
analysis, while the reviewing court will look closely at this particular incident (the officer’s
encounter with the defendant), the court will not look beyond that particular and specific
episode. To go back to our NFL “coaches challenge” analogy, consider that the referee
may look at a close play several times from different angles, but in deciding whether, for
example, the receiver had caught the ball in bounds, the referee will not consider other
plays involving that receiver. The referee, in other words, is not supposed to consider, for
example, whether the receiver had been “robbed” by a bad call on an earlier play, or
whether that receiver is known to be very athletic and thus very capable of having kept his
feet in bounds while stretching to catch and exercise control of the football. The sole issue
is whether the receiver stayed in bounds on this play. His reputation and past history is
irrelevant.

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So too, under traditional Fourth Amendment analysis, a reviewing court does not
examine earlier or later encounters involving different citizens. The issue is not whether
this particular officer generally complies with or violates Fourth Amendment rules (although
an officer who has been found to be less than credible as a witness will face a tough road
in all future court hearings). Rather, the only issue before the court is whether the officer
had violated the Fourth Amendment on this particular occasion.
Going frame by frame through the encounter, a reviewing court will carefully
examine each step or police decision that has legal significance, that is, steps where the
officer was required to satisfy one of the “levels of proof” established under the Fourth
Amendment. The court will decide whether the officer at that precise moment was aware
of facts that satisfied the legal standard applicable to that particular intrusion upon
protected Fourth Amendment interests.
If the reviewing court were to observe a frame of film in the imaginary motion picture
that depicts a Fourth Amendment violation, then for all practical purposes, the film breaks
at that exact point. As a general proposition, any information learned or evidence seized
after the violation will likely be deemed to be a “fruit” of the violation and will thus be
subject to the exclusionary rule.
12.4

Making Comparisons to Infer Purposeful Discrimination or a “De Facto”
Agency Policy to Discriminate

A defendant may make a Fourth Amendment claim and a Fourteenth Amendment
claim as part of a single motion to suppress evidence. The way in which the Fourteenth
Amendment Equal Protection issue is litigated may be quite different from the manner in
which the Fourth Amendment issue is handled. There are essentially two distinct ways that
a defendant can pursue the alleged violation of the Fourteenth Amendment Equal
Protection Clause. One way is by trying to show that the arresting officer impermissibly
relied upon the defendant’s race or ethnicity in exercising police discretion on this specific
occasion. In that event, the court will review the allegation in much the same way that it
would examine a claimed Fourth Amendment violation, that is, by focusing on the actions
of a specific officer during the course of a specific encounter, except that instead of having
to determine whether the facts known to the officer were enough to satisfy a particular
Fourth Amendment “level of proof” (e.g., “reasonable articulable suspicion,” or “probable
cause”), the court will decide whether any of the facts relied upon by the officer were racebased and thus impermissible.
The other method for pursuing a Fourteenth Amendment Equal Protection claim is
very different. Under this distinct theory, the defendant will try to demonstrate that the
agency itself either had an actual policy to discriminate, or else had a so-called “de facto”
policy to discriminate. A de facto policy essentially means the agency made it a practice
to tolerate or to “look the other way” in the face of discriminatory policing.

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When you consider the implications of this distinct method for pursuing Fourteenth
Amendment litigation, it should be immediately clear why it is so important for police
departments to establish and enforce a policy that prohibits, rather than tolerates, any form
of discriminatory policing. As importantly, it is vital that every member of the department,
from the chief all the way down to the newest recruit, fully embrace and help to enforce the
agency’s official policy to condemn all forms of discrimination. Always remember that it is
possible for you to lose a motion to suppress evidence on Equal Protection grounds based
not on your own conduct, but rather on the conduct of your brother and sister officers. To
prevent that result, every officer must contribute to the overall effort to deter and condemn
discriminatory policing, using peer pressure to establish a department-wide culture that will
not tolerate racially-influenced policing.
As a practical matter, a defendant claiming a Fourteenth Amendment violation in a
motion to suppress may resort to either or both of these two distinct theories in an effort
to suppress the evidence. Whenever the defendant claims that the agency had either an
official or a de facto policy to discriminate, then, unlike the mode of analysis used to resolve
a Fourth Amendment claim, the reviewing court need not limit its review to a specific
encounter between the arresting officer and the defendant. Courts instead may look for
patterns of behavior. This means that a reviewing court may examine other episodes
occurring at different times involving this same officer, a whole squad of officers, or even
the entire department, and to do this, the court may consider “aggregate statistics.” In Unit
16, we will consider the relevance and importance of aggregate statistics in more detail.
In addition to considering statistical evidence, a reviewing court hearing a Fourteenth
Amendment claim may look at a department’s regulations and standing operating
procedures, the department’s training programs, and how the department has responded
to past racial profiling complaints in an effort to determine whether the department has an
actual or de facto policy to permit officers to engage in impermissible discrimination.
As you can see, as compared to traditional Fourth Amendment litigation, litigation
arising under the Fourteenth Amendment can become quite cumbersome and unwieldy in
terms of the breadth and scope of the court’s review of law enforcement conduct and
policy. See Farm Labor Organizing Committee v. Ohio State Highway Patrol, 308 F.3d
523, 534 (6 Cir. 2002) (determining whether official action was motivated by intentional
discrimination for purposes of an equal protection claim demands a sensitive inquiry into
such circumstantial and direct evidence of intent as may be available). Whereas the typical
discovery package in a Fourth Amendment case is a scant few pages consisting of one or
two police reports and perhaps a radio log of a particular dispatch, in a Fourteenth
Amendment case, where a defendant makes a colorable claim of discrimination, the
prosecution may be required to turn over tens of thousands of pages of internal police
department records. See, e.g., State v. Kennedy, 247 N.J. Super. 21 (App. Div. 1991);
State v. Ballard, 331 N.J. Super. 529 (App. Div. 2000); State v. Clark, 345 N.J. Super. 349
(App. Div. 2001).
To understand why this is so, keep in mind that when a claim is made by a

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defendant under the Equal Protection Clause of the Fourteenth Amendment, the defendant
is essentially alleging that he or she had been subjected to “unequal” or “disparate”
treatment. In other words, the gist of a selective enforcement claim under the Fourteenth
Amendment is that this defendant was treated differently from other similarly-situated
persons on the basis of an impermissible classification, such as race or ethnicity.
As a practical matter, it would be difficult if not impossible in most cases to establish
one way or the other whether any particular individual had been treated differently from
others by looking only at the way in which the police officer treated this individual suspect
(unless of course the officer had displayed blatant and overt racial bias, as might be
evidenced, for example, by the use of racial epithets or other outrageous conduct that by
itself would demonstrate an officer’s racial animus). Rather, a selective enforcement claim
generally requires the reviewing court to draw a comparison between the way in which this
particular defendant was treated and the way in which other similarly-situated persons of
other races or ethnicities have been treated. It is no surprise then that selective
enforcement litigation can be quite protracted and wide-ranging in scope, going well beyond
a painstaking review of the police officer’s conduct and decision-making processes in this
particular encounter with this particular citizen.
12.5

The “Burden Shifting Template”

In State v. Segars, 172 N.J. 481 (2002) (per curiam), the New Jersey Supreme
Court for the first time provided judges and lawyers with an analytical model to explain how
selective enforcement claims are to be litigated. The Court embraced what it called a
“burden shifting template” in racial targeting cases. Under this analytical model, a
defendant who is making an Equal Protection selective enforcement claim bears the
ultimate burden of proving by a preponderance of the evidence that the police acted with
a discriminatory purpose, that is, that the police selected the defendant because of his or
her race. In addition to that ultimate burden, the defendant claiming discrimination bears
the preliminary obligation of establishing what is called a “prima facie” case of
discrimination, that is, one in which the evidence, including any favorable inferences to be
drawn therefrom, could sustain a judgment in the defendant’s favor. Once a defendant
through relevant evidence and inferences establishes a prima facie case of racial targeting,
a so-called “burden of production” shifts to the State to articulate a race-neutral basis for
its actions.
One of the practical problems for police officers is that the “shifting of burdens” can
be triggered by events that occur beyond an individual officer’s control or even awareness.
For example, a claimant’s prima facie case may arise months or years after the fact
through an analysis of aggregate statistics involving multiple police officers and encounters.
This means that as a practical matter, you cannot always know when you might need to
offer a race-neutral explanation for your conduct.
This circumstance highlights the need for accurate and thorough report writing and

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record keeping in all encounters, to guard against the possibility that a particular encounter
may become the subject of a Fourteenth Amendment claim at some future time. (It is a
supervisor’s responsibility to make certain that all reports are of high quality, and not just
those that are likely to result in Fourth Amendment litigation, such as when an officer seizes
evidence or makes an arrest.) You must always keep in mind that citizens may file internal
affairs complaints and bring civil actions against police departments in cases that did not
result in an arrest or the seizure of evidence. Indeed, a person filing a discrimination
lawsuit may tend to be far more sympathetic to a jury if that civil plaintiff was personally
innocent of any wrongdoing.

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UNIT 13:

MEETING THE BURDEN OF PRODUCTION: THE IMPORTANCE OF
DOCUMENTATION AND REPORT-WRITING

It is hardly a radical idea to suggest that a police officer should be able to articulate
the reasons for making legally significant decisions. Indeed, law enforcement officers have
been trained for decades that when they conduct a warrantless search or seizure, their
conduct is deemed by the courts to be “presumptively” unlawful. See State v. Moore, 181
N.J. 40 (2004) (a warrantless search or seizure is presumed invalid and the State as the
party seeking to validate a warrantless search has the burden of proving its validity). See
also State v. Pineiro, 181 N.J. 13 (2004) (the State must demonstrate by a preponderance
of the evidence that there was no constitutional violation from a warrantless search). This
means that the State in a motion to suppress will bear the burden of proving that the
officer’s conduct was lawful whenever the officer’s decision to intrude upon a protected
Fourth Amendment right was made without first having received express authorization (i.e.,
a warrant) from a “neutral and detached” judge.
Because this familiar Fourth Amendment “burden of proof” principle applies only to
police actions that have Fourth Amendment significance, however, officers are only
accustomed to being required to document the reasons for those particular actions that
trigger a Fourth Amendment standard of proof, such as a stop, a frisk, an arrest or search.
Police officers are therefore less likely to carefully analyze much less bother to document
the reasons for police decisions that do not intrude upon Fourth Amendment liberty or
privacy interests. This can cause a serious litigation problem in the event that a defendant
mounts a Fourteenth Amendment claim and is able to trigger the “burden shifting template.”
Let us consider a specific example to highlight this point. As we have seen, the
Fourth Amendment does not require an officer to articulate the reasons for ordering the
driver of a lawfully stopped vehicle to exit the vehicle. See State v. Smith, 134 N.J. 599
(1994). It is therefore more likely that an officer may be inclined to exercise this option and
actually order a driver out based on a mere hunch or gut feeling. While that poses no
problem under traditional Fourth Amendment analysis, this hunch or gut feeling may turn
out to be based on a stereotype involving race or ethnicity (e.g., the stereotypical notion
that young men of color are more likely to be carrying weapons than young non-minority
men). In that event, race or ethnicity would indeed have played a part in the officer’s
decision, but, precisely because the officer was not thinking carefully about the decision,
the officer may not have been consciously aware that he or she was using race or ethnicity
inappropriately as a factor in deciding how to deal with this individual.
It is important to understand that the courts do not prohibit law enforcement officers
from having hunches. Experienced police officers can develop a “feel” or “sixth sense” for
situations where something seems to be amiss or is not quite “right.” The critical points to
keep in mind are (1) a hunch is never enough to justify a Fourth Amendment intrusion
(such as a stop, a frisk, or an arrest), and (2) even when you are not intruding on Fourth

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Amendment liberty or privacy rights, you should not rely on a hunch in taking any action
unless you make certain that your suspicion is not based on a person’s race or ethnicity.
The importance of this last point was underscored by the New Jersey Supreme
Court in State v. Maryland, 167 N.J. 471 (2001), a decision that we will discuss in more
detail in Unit 15.2. In that case, the Court observed:
We do not intend to suggest that ordinarily a proper field
inquiry could not be based on a hunch. But that rationale will
not do here. Because the totality of the record suggests that
the hunch itself was, in our view, at least in part based on racial
stereotyping, it was insufficient to rebut the inference of
selective law enforcement that tainted the police conduct. The
officer’s field inquiry is therefore defective. [167 N.J. at 486.]
Remember that any time that you cannot explain in English why you drew the
inference that you drew (in other words, for example, why you suspected an individual of
being involved in criminal activity, or of being more dangerous than others), then your
suspicion is said to be, literally, “inarticulable.” In that event, your reasoning will be invisible
to a reviewing court and so the court may be forced to guess as to your internal thought
processes, which exposes you to the risk that a skeptical court might infer that

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your reasoning had been based on some impermissible, unstated basis, such as race or
ethnicity.
At this point, we must step back and take a reality check. Obviously, it is not
humanly possible for you to document all of the reasons for every decision that you make
throughout the course of any one encounter, much less every encounter that might
conceivably be reviewed as part of a selective enforcement claim. You therefore need to
figure out when it is most important to document your reasoning process, recognizing that
your entire duty shift cannot be spent filling out novel-length, stream-of-consciousness
reports to protect you in the off-chance that these reports might someday be relevant in a
selective enforcement proceeding. Indeed, police today complain, with justification, that
too much of their time is already spent in the stationhouse filling out paperwork, rather than
out on the street protecting the public. For this reason, it is important to understand when
and under what circumstances reviewing courts are most likely to be skeptical and probing,
because it is in these circumstances when an officer must be especially careful, thorough
and precise in documenting the legitimate reasons for the exercise of police discretion.
13.1

Deviations from Routine or Normal Practice

Any deviation from an officer’s normal or routine procedure can attract the attention
of a reviewing court, prompting the court to wonder what factors the officer may have
actually considered in deciding to treat a particular citizen differently from the way the
officer has generally treated other citizens in roughly the same circumstances. You should
therefore be certain to carefully document the reasons that explain your choice of action
whenever you deviate from your normal or routine practice. After all, that is exactly when
there is the greatest risk of engaging in the kind of selective enforcement or “disparate
treatment” that courts will be on the lookout for.
If, for instance, it is your personal practice in certain circumstances to always order
the driver of a lawfully-stopped vehicle to step out, then no legal issue can arise from that
decision. (By way of example, you may have a routine personal practice to order a driver
out when it is nighttime, the weather is good and there is a passenger in the front seat.)
In contrast, if your general practice is not to order every driver to exit a vehicle in a given
set of circumstances, then you should be prepared to explain why you deviated from your
normal practice in a given case where you chose to order the driver to step out of his or her
vehicle.
This same principle applies to all other discretionary steps during the course of the
encounter, such as posing probing or accusatorial questions. (See Unit 13.5.) In other
words, if it is your general practice to pose certain questions to motorists during a traffic
stop, there will be no Fourteenth Amendment issue (although there could be Fourth
Amendment implications if your questions inappropriately prolong the duration of the stop).
If, however, you are more likely to pose certain probing questions to minority motorists, that
practice constitutes impermissible racially-influenced policing even if the questions

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themselves do not violate the Fourth Amendment.
13.2

Judicial Skepticism About High Discretion Encounters

We can expect greater judicial skepticism and probing whenever an officer has an
especially wide range of discretion to act or to refrain from acting, since in those
circumstances, there will be a correspondingly greater potential for an abuse of that
unchanneled discretion. Not surprisingly, most claims of racial profiling arise when officers
are on “discretionary patrol” rather than when they are responding to a “call for service,”
precisely because discretionary patrol, as the name suggests, involves proactive police
decisions where officers can pretty much choose what they want to focus on, as opposed
to having to react to information provided by a police dispatcher.
This does not mean, however, that an officer assigned to patrol duties always has
unlimited discretion. Sometimes, an officer has no choice but to react to a serious event
or observation that cries out for a police response. Consider, for example, that when an
officer sees a motorist traveling in excess of 90 mph, the officer has practically no
discretion in deciding whether or not to initiate a motor vehicle stop. Of course, a police
officer always has discretion to refrain from engaging in a high-speed pursuit when the
officer believes that such a pursuit would be too dangerous. The point, however, is that
rarely if ever would a police officer simply ignore a motor vehicle violation of this degree of
seriousness.

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This kind of excessive speeding, in other words, would virtually always prompt some
law enforcement action, and for this reason, it would be exceedingly difficult for a defendant
to claim that an officer had engaged in “racial profiling” in selecting his or her vehicle to be
stopped when the defendant had been observed committing so serious a motor vehicle
violation. (Remember, the test ultimately is whether the office would have treated the
motorist the same if the motorist had been of a different race or ethnicity. When the
observed violation is especially serious, it becomes clear that the race or ethnicity of the
violator would make no difference in the officer’s decision to intervene.)
Similarly, police officers have comparatively little discretion and selectivity when
dealing with obvious drunk drivers – a vehicle weaving all over the road and thus posing
an immediate public safety risk to other motorists. Again, it would be difficult for a
defendant to establish a prima facie case of discrimination where an officer had initiated
a motor vehicle stop based on such observed conduct.
Police officers also have comparatively limited discretion when they are relying upon
information provided by another. Consider a case where an officer is dispatched to a scene
to investigate information that had been reported by a private citizen. This may be a report
of an “aggressive driver” made by another driver via a cell phone, or may be a report from
a concerned resident about a “suspicious person” prowling about in their neighborhood.
From the responding officer’s perspective, these are essentially “B.O.L.O.” situations and
if the citizen’s report had included a description of the suspicious person’s race or ethnicity,
then the responding officer may, of course, take that circumstance into account in trying to
identify this individual described in the citizen’s report. (As we saw in Unit 9, however,
there may be circumstances where it might be readily apparent that the citizen’s report is
itself based entirely on a racial stereotype, rather than an observation of objectively
suspicious conduct, so that an officer would be expected to discount the reported
information on its face.)
Recall that from a Fourth Amendment perspective, the information or “tip” provided
to police by a citizen may or may not constitute a reasonable and articulable suspicion
necessary to justify an investigative detention. The general rule is that an “anonymous”
tip (where the identity of the tipster is unknown) is rarely sufficient to satisfy the reasonable
articulable suspicion level of proof needed to justify an investigative detention, even when
the tip pertains to a suspicious person with a gun. See Florida v. J.L., 120 S.Ct. 1375
(2002). But even if the information provided by a citizen is insufficient by itself to justify
initiating an investigative detention, an officer would usually be permitted to undertake
some form of less intrusive investigation, such as conducting a discreet surveillance, or
approaching the person to initiate a consensual “field inquiry.” In other words, the
information provided by a citizen and conveyed via a dispatcher would generally authorize
an officer to focus attention on any person matching the description in the tip. Indeed,
depending on the circumstances, it might well constitute dereliction of duty for an officer to
simply ignore what is essentially a call for service. Note that in this type of situation, the
officer is reacting to a reported event or incident, which is very different from proactive

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“digging” for evidence of criminality, which we will discuss in Unit 13.3.
We have just considered several examples of “low discretion” encounters where
there is a low potential for abuse of police discretion. Let us now consider what could be
described as a “high discretion” encounter where, from a reviewing court’s perspective,
there would be a correspondingly high potential for an abuse of police discretion and where
it would be easier for a defendant to establish a prima facie case of selective enforcement.
Suppose that an officer were to pull over a motorist who had been traveling at 67
mph in a 65 mph zone, or for having a broken taillight. A reviewing court in such a case
is much more likely to probe deeply into the true reasons why this vehicle was selected to
be stopped, and the court is more likely to question whether race or ethnicity might have
played some part in the exercise of police discretion. The reason for this is that police
officers have much more discretion to ignore, or at least not act upon, a violation of such
a comparatively minor nature. In fact, it is common for police to refrain from making a stop
for such a violation, leading to an inference that there must have been something about this
particular violator that distinguishes him or her from other similar violators who are not
stopped.
This is not to suggest that it is illegal for a police officer to initiate a motor vehicle
stop based on a minor moving violation or equipment violation. The point, rather, is that
in such a case, you can expect that a reviewing court will be more likely to require you to
explain the criteria that you used to select this vehicle to be stopped from among the
universe of other vehicles that may have been committing violations that were at least as
serious. (Remember, the gist of a “selective enforcement” claim is that you relied on
inappropriate criteria to “select” an individual for a certain type of treatment or enforcement
action.) Officers who want to avoid such heightened scrutiny of their discretionary
decisions should focus their enforcement actions on more serious violations, since such
encounters are less likely to result in a claim of being a so-called “pretext” stop. (We will
discuss the issue of pretext stops – when they are permitted and when they are not
permitted – in more detail in Unit 15.1.)
Let us consider yet another example of a type of police decision that involves a wide
latitude of discretion precisely because the police conduct does not involve an intrusion on
Fourth Amendment rights (but that nonetheless could raise issues under the Equal
Protection Clause). Under New Jersey law, police officers are allowed to “run the plates”
of any motor vehicle that comes into their line of sight. Because there is no expectation of
privacy with respect to one’s license plate, this police action simply does not intrude on the
Fourth Amendment and thus need not be justified under any Fourth Amendment standard
or “level of proof.” See State v. Segars, 172 N.J. 481 (2002) (per curiam); State v. Donis,
157 N.J. 44 (1998). If the officer were to “run plates” in a truly “random” fashion, then there
would also be no Equal Protection issue, since the definition of randomness is that every
vehicle would have an equal chance of being selected for this type of police scrutiny. If,
for example, an officer were to check every plate that he observes (or every third or fifth

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vehicle), there could be no possibility of unlawful disparate treatment or discrimination
based upon race or ethnicity.
But in the real world, an officer does not have the time or opportunity to run the
license plates of every vehicle that the officer sees on the road. Nor is it feasible in many
situations to select vehicles according to a neutral plan of the kind used at a drunk driving
checkpoint (i.e., every third, every fifth vehicle, etc.) Accordingly, there must be some other
selection criteria that an officer uses in choosing which license plates to check through the
MVC database. If a statistical analysis were later to produce an anomaly (i.e., e.g., if the
license plates of minority drivers are disproportionately represented among the universe
of plates that were checked), an inference could be drawn that race or ethnicity had played
some part in the exercise of police discretion, and in that event, using the “burden-shifting
template” developed by the New Jersey Supreme Court, it would fall upon the officer to
explain the legitimate, race-neutral criteria that he or she used to exercise this form of
discretion. If the officer cannot produce a race-neutral explanation, then the prima facie
case of discrimination established by aggregate statistics could be enough to result in a
finding of racial targeting.
13.3

Judicial Skepticism About “Digging” for Evidence of Criminality

New Jersey courts in recent years have repeatedly expressed their concern with the
police practice sometimes known as “digging,” as in digging for hidden treasure. From the
courts’ perspective, this can be most problematic when a police officer assigned to patrol
duties seems to be trying to transform or escalate a routine motor vehicle stop into a fullblown criminal investigation. It is one thing to be vigilant and observant. Police officers
should always be paying attention to everything going on around them, and must be
especially watchful for signs of criminal behavior. It is another thing, however, for officers
to be launching “fishing expeditions,” especially when this has the effect of treating ordinary
citizens as if they were criminal suspects.
This practice raises a number of Fourth Amendment issues. As importantly, serious
Fourteenth Amendment Equal Protection concerns arise whenever it appears that officers
may be more likely to engage in “digging” when they are dealing with minority motorists
(based on the stereotype that such motorists are more likely to be engaged in criminal
activity). Consider that from a reviewing court’s perspective, the problem with allowing
police to embark on a “fishing expedition” during a run-of-the-mill traffic stop is not just that
we might cast too wide a net, but also that we may throw out one that is too narrow, that
is, one that has the practical effect of trolling for criminals too selectively based on subtle
or even subconscious stereotypes of what a “typical” criminal looks like. (Recall from our
discussion in Unit 7 that reliance upon a racial or ethnic stereotype is more likely to occur
when officers rely on a “gut feeling” or “hunch,” that is, when officers cannot articulate the
reasons for the exercise of police discretion and are not carefully thinking about why exactly
they are doing what they are doing.) The courts’ response to the police practice of
“digging” or “fishing” represents a good example of how the development of Fourth

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Amendment search and seizure law has been influenced by concerns about Equal
Protection violations, and these Fourteenth Amendment concerns may be lying just
beneath the surface of a court’s express Fourth Amendment analysis and reasoning.
In 1979, the United States Supreme Court ruled in Delaware v. Prouse, 440 U.S.
648, that police may not order a vehicle to pull over unless the officer has a reasonable
articulable suspicion that a violation has occurred. In the vast majority of cases, this legal
standard is satisfied by an officer observing a motor vehicle violation – a traffic offense.
The reasonable articulable suspicion standard used in Delaware v. Prouse had first been
developed in the landmark case of Terry v. Ohio, 392 U.S. 1 (1968) – a case that involved
suspected criminal activity. (In Terry, a police officer became suspicious of two men pacing
nervously on a street and repeatedly peering into a store – conduct consistent with casing
a store for a robbery).
In the quarter century since Delaware v. Prouse was decided, many courts and
police trainers and legal advisors have tended not to distinguish between true Terry stops
(criminal suspicion encounters) and Prouse stops (traffic stops typically based upon
observed motor vehicle violations). In fact, the term “Terry stop” is often casually used by
police officers, lawyers and judges to describe the brief detention of a motor vehicle for a
traffic offense. In other words, we have tended to lump routine traffic stops and criminal
suspicion stops together under the broad rubric of “investigative detentions.” (An
investigative detention, sometimes also called an “investigatory stop,” literally involves
briefly detaining someone for the purpose of conducting an on-the-scene investigation of
some suspected unlawful (but not necessarily criminal) behavior.)
Recently, however, courts, especially in New Jersey, seem to have begun to draw
at least a tacit distinction between these two types of encounters, even though both are
considered to be “investigative detentions” and both are justified by the same “level of
proof,” namely, reasonable articulable suspicion. Reviewing courts generally expect police
officers in these two different types of encounters to pursue a different sequence of routine
steps as part of their prompt, on-the-scene investigation into the unlawful activity that
justified the decision to initiate a temporary “seizure” of a person or vehicle. This means
that an officer who stops a vehicle for an observed motor vehicle violation might not
automatically be authorized to pursue a probing or protracted investigation into criminal
activity absent some articulable basis for suspecting that the motorist is engaged in
committing a criminal offense, at least where any such expanded investigation would have
the practical effect of prolonging the duration of the encounter beyond that which is
necessary to investigate and resolve the initial motor vehicle infraction.
Actually, this is hardly a new principle of law, although the courts are now becoming
more strict in enforcing this principle. In the landmark case of Terry v. Ohio – the historic
case decided in 1968 that first established the whole concept of an investigative detention
– the United States Supreme Court ruled that reviewing courts must examine “whether the
officer’s action was justified at its inception, and whether it was reasonably related in scope

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to the circumstances which justified the interference [with a citizen’s right to go about his
or her business] in the first place.” 392 U.S. at 20 (emphasis added). Police actions that
are not “reasonably related in scope” to the initial reason for the stop, in other words, can
constitute a Fourth Amendment violation, especially when those actions have a tendency
to prolong the duration of the encounter.
Indeed, reviewing courts are especially concerned with police conduct that
unnecessarily extends the duration of a routine investigative detention. In United States
v. Sharpe, 470 U.S. 675 (1985), the United States Supreme Court admonished that police
must “diligently pursue” their investigation during a stop, and in Florida v. Royer, 103 S.Ct.
1319 (1983), the Court warned that the scope of an investigative detention “must be
carefully tailored to its underlying justification . . ., and [may] last no longer than is
necessary to effectuate the purpose of the stop.” See also Illinois v. Caballes, 125 S.Ct.
834 (2005) and Muehler v. Mena, 125 S.Ct. 1465 (2005) (A lawful seizure “can become
unlawful if it is prolonged beyond the time reasonably required to complete that mission,”
referring to the situation-specific “mission” to investigate and resolve the motor vehicle
violation or other infraction that had justified the stop in the first place).
The New Jersey Supreme Court in State v. Davis, 104 N.J. 490 (1986), held in the
same vein that an officer during a stop should use the least intrusive technique reasonably
available to verify or dispel suspicion in the shortest period of time. In State v. Pegeese,
351 N.J. Super. 25 (App. Div. 2002), the court was even more pointed when it noted that
in the absence of any evidence of criminal wrongdoing, once a law enforcement officer is
satisfied that the operator of a vehicle stopped for a traffic violation has a valid license and
the vehicle is not stolen, the officer may not detain the occupants of the vehicle for further
questioning, since such detention could not be deemed to be “reasonably related in scope”
to the circumstances which justify the stop in the first place. (In that particular case, the
court concluded that prolonging the detention while the trooper waited for the results of a
registration and license computer check to see whether the vehicle was stolen was
permissible, since the registered owner was not present and neither of the occupants were
able to present a driver’s license or any other form of identification.)
The courts have thus relied upon the Fourth Amendment and Article 1, paragraph
7 of the New Jersey Constitution to impose limitations on the authority of police officers to
use rudimentary investigative techniques, such as posing questions, that might not at first
blush seem to be particularly intrusive. In Unit 13.5, we will discuss in more detail when
and under what circumstances it is appropriate to engage citizens in conversation and pose
probing questions or request citizens to provide identification. For present purposes, the
key point is that under the “reasonably related in scope” test, courts may be skeptical when
police exercise discretion by trying to elicit information from citizens when that information
is not necessary to resolve the reason for the police-citizen encounter.
In Hornberger v. American Broadcasting Company, 351 N.J. Super. 577 (App. Div.
2002), for example, a New Jersey court held that it was unreasonable for an officer to

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request identification from the passengers of a motor vehicle where the officer had no basis
to suspect the passengers of any wrongdoing. (The Hornberger case involved a civil
lawsuit brought by police officers against a news organization that broadcast a television
report on “Driving While Black” based upon an incident involving three African American
men who were acting as “testers” by agreeing to cruise in an expensive car to find out if
police would stop them.) The Appellate Division in Hornberger recognized that there is a
split in legal authority and that courts in some States permit such requests as a routine
matter. In holding that the officer’s conduct was unreasonable, the court in Hornberger
concluded that prohibiting routine demands for identification when there is no factual
justification for such a demand is “most consistent with our [New Jersey] Supreme Court’s
decision in Carty and the prophylactic purpose of discouraging the police from turning a
routine traffic stop into a ‘fishing expedition for criminal activity unrelated to the stop.’” 351
N. J. Super. at 614, quoting from State v. Carty, 170 N.J. at 632. (Note that Carty is the
case that holds that police during a traffic stop may not ask for permission to conduct a
consent search unless the officer has reasonable articulable suspicion to believe that the
search would reveal evidence of criminal activity.)
It is important to recognize that if the initial reason for a stop is an observed motor
vehicle violation, as opposed to suspected criminal activity, then as a general proposition,
an officer should not treat the driver or occupants as if they were criminal suspects,
subjecting them to the kinds of probing tactics that are designed to ferret out criminal
activity, unless there is some objective basis to believe that criminal activity may be
occurring. The same principle would, of course, also apply to a so-called “community
caretaking” encounter, where the officer has a reasonable basis to believe that a vehicle
or occupant is in some kind of distress and needs assistance.
Even putting aside constitutional requirements, this approach makes sense from a
policy perspective as well. Treating citizens as if they are criminal suspects when there is
no legitimate basis for doing so is the antithesis of modern notions of community policing.
Such an aggressive and inherently accusatorial tactic tends to leave citizens with a
negative impression of police, fosters their earnest belief that they had been targeted or
singled out for some unstated impermissible reason, and may ultimately prove to be an
unsafe police tactic because it may lead to anger, resentment or frustration that could
manifest itself in a response that puts the officer at greater risk.
Of course, the nature of a routine motor vehicle stop may change in midstream,
where, for example, during a stop that was originally based upon an observed motor
vehicle violation, the officer, based on objective observations and reasonable inferences
drawn therefrom, begins to suspect that criminal activity may be occurring. When that
happens, the purpose or reason for the stop changes, and it is as if the Delaware v. Prouse
traffic stop was now “merging” with or evolving into a true Terry v. Ohio stop. The officer
at that point would be authorized to begin to take a different series of actions, such as
asking follow-up questions that are related to the newly-evolved suspicion.

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This is sometimes referred to as a “broadening” of the investigation – a phrase that
was used by the New Jersey Supreme Court in State v. Dickey, 152 N.J. 468 (1998). See
also State v. Chapman, 332 N.J. Super. 623 (App. Div. 2000) (if during a traffic stop the
circumstances give rise to suspicions unrelated to the traffic offense, police may broaden
their inquiry beyond the circumstances of the initial stop). This practice is sometimes also
referred to as “enlarging” a routine traffic stop or as a “shift in purpose.” See Illinois v.
Caballes, 125 S.Ct. 834 (2005) (United States Supreme Court held that the “shift in
purpose” from a traffic stop into a drug investigation was lawful because the dog sniff was
not a search subject to the Fourth Amendment and because in the unusual circumstances
of that case, the duration of the stop had not been extended by the dog sniff since the
canine had arrived at the scene and completed its scent examination while the trooper who
initiated the speeding stop was still in the process of writing a warning ticket; the dog
handler had responded immediately to the initial radio call-in of the stop and the entire
incident (from the moment the stop was initiated to the time when the drug detection dog
alerted to the exterior of the trunk of the detained vehicle) lasted less than ten minutes.)
In sum, this is an unsettled and rapidly evolving area of search and seizure law.
Several courts in oral or unpublished opinions have suggested that a police officer during
a routine motor vehicle stop has no right to be “nosy” in investigating the possibility that the
vehicle may be transporting drugs, or involved in other types of criminal activity. Reviewing
courts will especially be on the lookout for any indication that race or ethnicity played any
part in the officer’s decision to try to broaden the scope of the investigation beyond that
which was minimally necessary to investigate the circumstances of the observed motor
vehicle violation.
In the next few subunits, we will be talking about judicial skepticism about certain
particular “digging” tactics, including police reliance upon the consent-to-search doctrine,
and the posing of probing or “accusatorial” questions to detained motor vehicle violators
and their passengers. For our present purposes, the key point is that when you initiate an
encounter with a citizen, and especially when you initiate an investigative detention (i.e.,
when you briefly detain someone for the purposes of conducting an on-the-scene
investigation), you should (1) be able to articulate exactly what it is that you are
investigating, and (2) carefully consider whether the investigative tactics or techniques you
choose to use are reasonably geared to advance that particular investigation.
13.4

Judicial Skeptism About the Consent-To-Search Doctrine

Police officers must always be cognizant that some courts are especially concerned
about the use of the consent-to-search doctrine because they believe that it has been used
by police officers as a mean to promote “digging” for evidence of a crime, transforming
routine traffic stops into protracted criminal investigations. Because some courts, in turn,
believe that “digging” is itself a manifestation of the racial profiling problem, the courts in
New Jersey have erected new legal restrictions under the guise of the Fourth Amendment.
These new rules are designed in part to discourage officers from trying to broaden the

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scope of a routine motor vehicle stop.
One of the concerns about the consent-to-search doctrine was that it allowed for a
virtually unlimited degree of police discretion, precisely because there were no legal
standards or limits imposed on when an officer could ask for permission to conduct a
consent search. (All of the rules governing consent searches, including some especially
strict rules that had been developed by the courts in New Jersey, dealt with how to obtain
a knowing and voluntary waiver of Fourth Amendment rights, not when to do so. See, e.g.,
State v. Johnson, 68 N.J. 349 (1975) (Under the New Jersey Constitution, the State must
prove that person knew that he or she had the right to refuse to consent to search).) Given
the absence of a legal standard for requesting permission to conduct a consent search,
police officers were free to base their decision on a mere hunch or gut feeling, leading
some courts to speculate that these hunches, in turn, could be based on unstated,
impermissible criteria that would be difficult to detect or monitor precisely because police
were not required to articulate their reasons for wanting to conduct a consensual search.
In State v. Carty, 170 N.J. 632 (2002), the New Jersey Supreme Court dramatically
changed the legal landscape, at least in the context of routine motor vehicle stops, by
establishing a legal standard that police must meet before they can even ask for permission
to conduct a consent search. Specifically, the Court in Carty diverged from long-standing
federal and state precedent by holding that an officer during a motor vehicle stop may not
prolong the duration of the encounter by asking a motorist to consent to a search unless
the officer is aware of facts constituting a reasonable articulable suspicion to believe that
the search would find evidence of criminal activity.
By imposing this legal standard for patrol officers to meet, the Court restricted and
channeled the exercise of police discretion, reducing the potential for an abuse of that
discretion. Furthermore, by effectively eliminating the potential for patrol officers to conduct
roadside searches based on a whim or hunch, the New Jersey Supreme Court undoubtedly
hoped to discourage officers from bothering to even begin to engage in any type of factually
unsubstantiated “digging,” since such efforts would be far less likely to hit pay dirt without
the ability to rely on the consent doctrine.
13.5

Judicial Skepticism About Posing “Probing or Accusatorial” Questions and
Eliciting “Inconsistent Statements”

One of the most common examples of “digging” occurs when an officer decides to
engage a driver and passengers in conversation in the hope of eliciting an outright and
obvious lie, or at least “inconsistent statements” that might reasonably suggest that one or
more of the occupants is lying, which in turn would suggest that criminal activity is afoot.
Specifically, officers will sometimes pose a legitimate identification or itinerary question to
the driver, and then later pose the same questions to a passenger to see whether their
“stories” are inconsistent. (It should be noted that police officers will sometimes order a
driver to exit a lawfully detained vehicle to preserve the option of posing the same itinerary

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or identification questions to first the driver, and then to the passengers. The driver will be
ordered out, in other words, so that the officer can pose questions to the driver under
circumstances where the passengers cannot hear the driver’s answers.)
Sometimes officers will be even more direct by asking a motorist straight out
whether there are any illicit drugs in the vehicle. This is sometimes

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referred to as an “accusatorial” question because the question by its very nature
presupposes criminal activity.
Most police officers have been trained over the years to think that the law of police
questioning or “interrogations” derives principally if not entirely from the Fifth and Sixth
Amendments, which define and safeguard the right against compelled self-incrimination
and the right to counsel. These Fifth and Sixth Amendment principles are distilled in the
landmark case of Miranda v. Arizona. In reality, other constitutional provisions, including
the Fourth and Fourteenth Amendments, may also impose limitations on the authority of
police officers to pose questions to private citizens.
The Miranda rule, as it turns out, only applies when the person being questioned is
in police “custody,” which in this context essentially means that the person is under arrest.
Although accusatorial questions are clearly designed or at least are reasonably likely to
elicit an “incriminating” response, police officers are not required to read Miranda warnings
before posing such questions during a consensual field inquiry, or even during the course
of an investigative detention. See State v. Hickman, 335 N.J. Super. 623 (App. Div. 2000)
(following the reasoning in Berkemer v. McCarty, 104 S.Ct. 3138 (1984)).
While posing such questions during the course of a field inquiry or investigative
detention is clearly permitted under the Fifth Amendment and the Miranda rule, that does
not mean that there are no constitutional issues concerning the propriety and legal impact
of this police tactic. Recall from our earlier discussion in Unit 5.1 that various provisions
in the State and Federal Constitutions define and safeguard a number of distinct and
sometimes overlapping civil rights. The key point, of course, is that police officers in their
interactions with private citizens must comply with all of the various rules established under
all of the various constitutional provisions that are designed to impose limits on the exercise
of police discretion.
We will start our analysis by discussing the Fourth Amendment implications
whenever an officer is using questions to “dig” for evidence of criminal activity. While the
Fourth Amendment is generally not thought of as dealing directly and specifically with
police questioning, we must always remember that this constitutional provision safeguards,
among other things, a right of liberty, that is, the right that citizens enjoy to move about
freely, to be left alone, and to go about their affairs without being interrupted or unduly
delayed by government agents. Accordingly, any police conduct that unreasonably extends
the duration of a nonconsensual police-citizen encounter may violate the Fourth
Amendment or its state constitutional counterpart.
The United States Supreme Court has repeatedly held that mere police questioning
does not constitute a seizure under the Fourth Amendment. See most recently Muehler
v. Mena, 125 S.Ct. 1465 (2005). In Florida v. Bostick, 111 S.Ct. 2382 (1991), for example,
the Court explained that “even when officers have no basis for suspecting a particular
individual, they may generally ask questions of that individual; ask to examine the

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individual’s identification; and request consent to search his or her luggage.”
In Illinois v. Caballes, 125 S.Ct. 834 (2005), the Court nonetheless warned that a
lawful traffic stop “can become unlawful if it is prolonged beyond the time reasonably
required to complete that mission.” Furthermore, we now know after State v. Carty, 170
N.J. 632 (2002), that under the state constitutional counterpart to the Fourth Amendment,
certain questions may not be posed by law enforcement officers in New Jersey absent
reasonable suspicion of criminal activity. As we considered in the preceding unit, the New
Jersey Supreme Court in Carty rejected a long line of federal (and State) precedent by
holding that police officers during a traffic stop may not ask a motorist whether he or she
would be willing to consent to a search unless the officer is aware of facts that constitute
a reasonable suspicion to believe that the search would find evidence of an offense. We
therefore know that at least some of the above-quoted language in Florida v. Bostick is no
longer good law in this State.
The rules under the Fourth Amendment (and especially under Article 1, paragraph
7 of the New Jersey Constitution) may be particularly strict when the police questioning is
accusatorial in nature. An accusatorial question is one that presupposes criminal activity,
such as “Are you carrying any illicit drugs?” (Note that asking a person to give permission
to conduct a consent search is impliedly accusatorial, especially now that the New Jersey
Supreme Court has ruled in State v. Carty that there must be reasonable suspicion to
believe the consent search would uncover evidence of an offense.)
New Jersey courts have recently held that posing an accusatorial question can in
at least certain circumstances transform a consensual field inquiry into a full-blown “Terry”
stop. See State v. Rodriquez, 172 N.J. 117 (2002). In State in Interest of J.G., 320 N.J.
Super. 21 (App. Div. 1999), the court went even further and suggested that posing an
accusatorial question automatically converts a field inquiry into an investigative detention.
(The New Jersey Supreme Court in Rodriquez declined to decide one way or the other
whether it would embrace such a strict, automatic rule governing accusatorial questions.)
Most recently, the Court in State v. Neshina, 175 N.J. 502 (2003), observed that a field
inquiry occurs when an officer questions a citizen in a manner that is not “harassing,
overbearing or accusatory in nature.” (emphasis added).
Note that any such escalation from a consensual field inquiry into an investigative
detention can have profound legal consequences, since at the precise moment a policecitizen encounter becomes an investigative detention, the detaining officer must be aware
of facts constituting a reasonable articulable suspicion that criminal activity is afoot. If the
officer at that moment does not satisfy the reasonable articulable suspicion level of proof,
the field inquiry-turned-investigative detention is deemed to be unlawful and any information
learned or evidence seized after that precise point in the encounter (that “frame of film” in
our motion picture analogy) will be subject to the exclusionary rule.
But let us suppose that we are not talking about a field inquiry, but rather a case

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where the tactic of posing an accusatorial question is used after a person has already been
temporarily “seized” for Fourth Amendment purposes, such as a traffic stop. In that event,
the accusatorial question cannot convert the encounter into an investigative detention
because the encounter is already in the investigative detention mode. How then will courts
react to this form of “digging”? What are the limits imposed on the authority of an officer
to engage detained motorists in conversation?
This aspect of search and seizure law in New Jersey is evolving and unsettled. As
we have seen, courts seem to be beginning to distinguish between Delaware v. Prouse
traffic stops and true Terry v. Ohio criminal suspicion stops. Police officers should
remember that as a matter of sound law enforcement policy, if not as a matter of settled
law, it is generally inappropriate to treat a motorist who is stopped for a mere motor vehicle
violation as if he or she were a criminal suspect unless there is some objective factual basis
for doing so. At a minimum, police officers must expect reviewing courts to look closely at
the reasons for subjecting a person detained in a routine motor vehicle stop to probing
questions that, by their nature, presuppose criminal activity.
We also need to consider the legal implications of somewhat less aggressive and
accusatorial forms of police probing, such as posing a series of questions that are designed
to elicit indications of deception. While this aspect of search and seizure law is also
unsettled, always keep in mind that one of the key questions that reviewing courts will
address is whether any such probing questions unduly extended the duration of the policecitizen encounter.
As a general proposition, once an investigative detention (e.g., a motor vehicle stop)
has been lawfully initiated, police are authorized to pose questions to a detained motorist
so long as those questions are not excessive and do not unduly prolong the encounter, and
provided that the questions are reasonably related to the reason for the stop. Compare
State v. Chapman, 332 N.J. Super. 452 (App. Div. 2000) (the questions in that case
concerning the motorists’ travel itinerary had a “substantial nexus” to ascertaining the
reasons for erratic driving; if during the stop, or as a result of reasonable inquiries initiated
by officers, the circumstances give rise to suspicions unrelated to the traffic offense, then
police may broaden their inquiry beyond the circumstances of the initial stop) with State v.
Hickman, 335 N.J. Super. 623 (App. Div. 2000) (police during a motor vehicle stop may
question occupants on a subject “unrelated to the purpose of the stop” so long as such
questioning does not extend the duration of the stop). Compare also Muehler v. Mena, 125
S.Ct. 1465 (2005) (Officers’ questioning of defendant about her immigration status while
she was detained during execution of a search warrant did not constitute a Fourth
Amendment violation when the questioning did not extend the time she was detained).
One thing is certain. Police are permitted, indeed are expected to pose questions
during the course of a traffic stop or any other kind of encounter with private citizens. It is
therefore a gross exaggeration to suggest that police officers during a routine, noncriminal
encounter are precluded by the Fourth Amendment (and Article 1, paragraph 7 of the New

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Jersey Constitution) from investigating possible criminal activity. The key is to understand
the nature and reasons for the constitutional limitations that are indeed imposed on police
discretion. The practical test can be simply stated: police officers should have a legitimate
basis for posing questions that are likely to have the effect of extending the duration of an
encounter. This is hardly an insurmountable burden. Indeed, as it turns out, police officers
continue to enjoy a wide (but not unbounded) latitude of discretion in pursuing an on-thescene investigation during the course of routine encounters.
For example, because the overwhelming majority of motor vehicle stops involve an
observed speeding violation, officers are almost always permitted to ask what are
sometimes referred to as “itinerary questions,” that is, questions that ask where the
motorists are heading, where they are coming from, and what is the purpose of their travel.
Such point of origin and destination questions are relevant or “reasonably related” to
investigating why the motorist was traveling in excess of the speed limit, and it is
appropriate for the officer to consider these circumstances in deciding, for example,
whether to issue a summons for speeding as opposed to merely issuing an oral or written
warning.
The problem is that there is no simple or “bright line” rule governing what questions
may be deemed by a reviewing court to be “excessive.” Police officers must therefore use
common sense in deciding how long to pursue a line of questioning with a detained
motorist or pedestrian. Obviously, in every encounter, it is appropriate for an officer to pose
at least some questions to the motorist so as to determine whether the driver is coherent
(in other words, to establish whether the person appears to be intoxicated), and also to
determine the motorist’s state of mind. From an officer safety perspective, moreover, it is
obviously important to ascertain at the earliest possible opportunity in the encounter
whether a motorist appears to be extremely angry or agitated.
Police officers should also be aware that there may be legal issues concerning the
manner in which they interact with passengers during the course of routine traffic stops.
While an officer will always engage the driver in conversation, this is not necessarily true
with respect to a passenger who is not suspected of any offense (such as a seat belt
infraction). The courts in New Jersey have on occasion drawn a distinction between drivers
and passengers for purposes of routine investigatory or precautionary steps that may be
taken by police during a motor vehicle stop. In State v. Smith, 134 N.J. 599 (1994), for
example, the New Jersey Supreme Court ruled that police may not automatically order a
passenger to step out of a lawfully stopped vehicle, whereas police may automatically order
the driver to exit the vehicle. The Court in Smith observed:
[w]ith respect to the passenger, the only justification for the
intrusion on the passenger’s privacy is the untimely association
with the driver on the day the driver is observed committing a
traffic violation. Because the passenger has not engaged in
culpable conduct, the passenger has a legitimate expectation

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that no further inconvenience will be occasioned by any
intrusion beyond the delay caused by the lawful stop. [134 N.J.
at 615.]
As we saw in Unit 13.3, reviewing courts are becoming increasingly wary of any
effort by an officer during a “routine” traffic stop to mount a “fishing expedition” or otherwise
“dig” for evidence of criminality that is not immediately apparent. In Hornberger v.
American Broadcasting Company, 351 N.J. Super. 577 (App. Div. 2002), the court found
it to be unreasonable for the officer to have requested identification from passengers where
there was absolutely no basis to suspect the passengers of any wrongdoing. Compare
State v. Sirianni, 347 N.J. Super. 382 (App. Div. 2002), certif. den. 172 N.J. 178 (2002),
where the court declined to adopt a bright line rule that a request for identification must be
based upon reasonable articulable suspicion to believe that the person has committed a
crime.
(As a matter of common sense, of course, not all forms of casual conversation will
raise constitutional concerns. If, for example, a backup officer engages a passenger in
friendly conversation while the other officer questions the driver about the circumstances
for the stop, there is not likely to be cause for judicial anxiety. Not all conversations
between an officer and a citizen are “probing” in nature, or are likely to prolong the duration
of the stop.)
While the law concerning the questioning of passengers is unsettled and evolving,
there are clearly times when it is perfectly appropriate for an officer to pose questions to
a passenger during the course of a traffic stop. For example, an officer should pose
questions where the driver turns out to be on the revoked list or appears to be intoxicated,
since the officer needs to ascertain whether the passenger is sober and licensed to operate
the vehicle. Similarly, an officer may pose questions to a passenger where the registered
owner is not present and it is appropriate to verify that the driver has permission to operate
this particular vehicle. In these circumstances, the questions posed to a passenger would
be reasonably related to a legitimate question that has arisen during the course of the
traffic stop.
It is certainly understandable why a police officer would always want to know the
identity of the vehicle occupants, since an officer armed with this information would be able
to run a criminal history check and because an occupant might be less likely to flee or
resort to violence if he or she knew that the officer had ascertained his or her identity. The
point, however, is that it is by no means clear that officers are automatically authorized to
pose questions to occupants during routine traffic stops. Consider that passengers are not
really “witnesses” to a mere traffic offense (prosecutors in municipal court do not call civilian
witnesses to establish that the driver was speeding, for example), and therefore, depending
on the circumstances, a passenger’s cooperation may not be relevant or “reasonably
related” to completing the investigation of the observed traffic infraction that justified the
stop in the first place. An officer should therefore be able to articulate why it is appropriate

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to interact with a passenger by posing probing questions, especially when the nature of
those questions might lead a citizen to believe that he or she is suspected of something or
otherwise is “under investigation.”
At this point, it would be helpful to recap and synthesize the limitations imposed by
law on an officer’s authority to “ask the next question” during the course of a noncriminal
encounter. In doing so, we need to be as clear and precise as possible so that officers can
be confident in posing questions that are perfectly legitimate and lawful. It is critically
important that police officers not be chilled from asking questions whenever there is an
objective basis to believe that something may be amiss. The federal and State
Constitutions do not require officers to put on blinders or avert their eyes during an
encounter, and officers should never ignore any sights, sounds or smells that may raise
legitimate suspicion of possible criminality. After all, every officer’s core mission is to
protect the public by detecting and deterring criminal activity.
But because police discretion is not unlimited, and because the end goal of
protecting public safety by ferreting out crime does not necessarily justify all investigative
means, an officer during a routine, noncriminal encounter with a private citizen should be
able to articulate why he or she is pursuing a particular avenue of investigation or line of
questioning, and this in turn can best be done when the questions are based on the
citizen’s conduct, that is, what this particular citizen said or did (or didn’t say or do) that
might provide cause for further inquiry or more intensive scrutiny.
As we have seen repeatedly throughout this course, some of our Fourth Amendment
rules (e.g., limits on prolonging the duration of a stop) are designed in part to safeguard
Fourteenth Amendment Equal Protection rights, reflecting the sneaking suspicion by some
reviewing courts that a citizen’s race or ethnicity may sometimes play a role in the exercise
of police discretion. That being so, our strategy for complying with the Fourth Amendment
can be based on our strategy for complying with the Equal Protection Clause and Attorney
General Law Enforcement Directive 2005-1:
First you should focus on the citizen’s conduct. Your observation of some unusual
or suspicious circumstance would justify posing a question, just as an unusual or
suspicious reaction or response to a police question would always warrant a follow-up
question.
Second, you should be prepared to document the objective basis or reason(s) why
you bothered to pose a particular question or decided to pursue a line of questioning.
(Recall that while the Fourth Amendment is mostly concerned with what happened, the
Fourteenth Amendment is just as concerned with why an officer acted as he or she did.)
This two-pronged strategy will help to innoculate you from claims arising under both the
Fourth and Fourteenth Amendments.
The bottom line is that in today’s legal climate, you should always be prepared to
answer why you elected in the exercise of discretion to undertake every investigative step

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that you took during the course of a police-citizen encounter. It therefore makes sense to
think about the rationale for posing questions to passengers (and drivers) before you pose
them. Remember, the cornerstone of the Fourth Amendment is “reasonableness,” which
requires you to be reasoning (i.e., thinking about what you are doing) at all times.
In sum, when you pose a question during the course of a routine traffic stop
(whether to the driver or to any other occupants) and that question has the capacity to
extend the duration of the stop, you should make certain that the question is “reasonably
related” to one or more of the following circumstances:
(1) the initial reason for the stop (i.e., the observed motor vehicle
violation, and the sobriety of the driver (and passenger) when this is
in question);
(2) ownership of the stopped vehicle and the lawful authority of the
driver to be operating this vehicle (i.e., the driver’s identity, license
status and relationship to this particular vehicle, and the bona fides of
the vehicle registration and insurance coverage);
(3) whether an occupant is the subject of a B.O.L.O. bulletin, or
(4) some suspicious or at least unusual fact learned or observation
made during the course of the encounter that justifies posing follow-up
questions or “broadening” the scope of the on-the-scene investigation
(such as, for example, a “furtive” movement, see Unit 13.7, a
discrepancy between the driver/vehicle credentials and MVC records,
an implausible or inaccurate response to a lawfully propounded
question, an item in plain view that seems inconsistent with the
situation or at least consistent with unlawful activity, or some piece of
information provided by a dispatcher or mobile data computer before
or during the encounter, etc.).
Remember that from a Fourth Amendment analytical perspective, reviewing courts
are principally concerned with whether the detaining officer’s conduct unnecessarily
extended the duration of the encounter. See, e.g., State v. Pegeese, 351 N.J. Super. 25
(App. Div. 2002) (once the officer is satisfied that the operator of a lawfully stopped vehicle
has a valid license and the vehicle is not stolen, the officer may not detain the occupants
for further questioning). For this reason, it is generally a good idea to pose any “probing”
questions during what could be described as the “downtime” when the officer is waiting for
information to come back from a mobile display computer or the dispatcher concerning the
bona fides of the vehicle registration and the operator’s license. See State v. Chapman,
332 N.J. Super. 623 (App. Div. 2000) (court noted that most of the questions were posed
while the officer was awaiting computer verification so they did not have the effect of
prolonging the duration of the encounter).

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Finally, and perhaps most importantly for our present purposes, you must always
keep in mind that there are also Fourteenth Amendment Equal Protection issues that would
arise if it could be established that an officer does not routinely use the same probing
tactics when interacting with non-minority motorists. Always remember that courts tend
to be skeptical and are more likely to create or more strictly enforce Fourth Amendment
rules limiting police discretion when they believe that officers may be relying on race or
ethnicity in exercising discretion. Recall also that the Equal Protection Clause applies to
all police decisions, whether or not the decision intrudes on a Fourth Amendment liberty
interest by prolonging the duration of a stop.
While police officers in this State are expected to be vigilant and watchful for
objective indications of criminal activity, they must not, of course, rely to any extent on raceinfluenced stereotypes in their effort to ferret out criminal activity. You must therefore
always ask yourself this critical question: would you have posed the same questions to the
driver and/or passengers of a detained vehicle if they had been of a different race or
ethnicity? If the answer is no, then the decision to pose those questions represents a form
of racially-influenced policing in violation of the statewide nondiscrimination policy set forth
in Attorney General Law Enforcement Directive 2005-1.
13.6 Judicial Concerns About Misuse of the Frisk Doctrine
A number of courts have expressed concern about police abuse of the “frisk”
doctrine, which has resulted in a series of cases that restrict the authority of police officers
to engage in this self-protective tactic. The caselaw in New Jersey makes clear that
protective frisks (sometimes also referred to as “patdowns”) may not be done “routinely,”
much less “automatically,” unless the initial reason for the stop was a reasonable
articulable suspicion that the person was engaged in criminal activity involving violence or
weapons. See, e.g., State v. Lipski, 238 N.J. Super. 100 (App. Div. 1990) (police may not
routinely frisk a detained motorist for weapons). The basic rule is that a frisk is only
authorized where the officer can point to facts and circumstances that constitute a
reasonable articulable suspicion to believe that the specific person to be frisked is armed
and dangerous. See State v. Thomas, 110 N.J. 673 (1988). It is not enough that officers
earnestly but subjectively fear for their safety because they are in close proximity to a
detained citizen, such as when they order occupants to exit a vehicle or are administering
a field sobriety test.
In State v. Garland, 270 N.J. Super. 31 (App. Div. 1994), the court adopted a simple
and straightforward rule of thumb: if the reason for the initial stop does not automatically
include an objective basis to believe that the suspect is armed and dangerous (in other
words, if the stop is not based, for example, on a reasonable suspicion that the person had
recently committed an armed robbery or other offense that by its nature involves violence
or weapons), then a frisk is not permitted unless some event occurs between the stop and
the frisk that leads to the objective belief that the detained person is armed and dangerous.
270 N.J. Super. at 42.

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It is critically important for police officers to recognize that at least some courts
believe that some officers are more likely to engage in “routine” or even casual frisking
when they are dealing with minority citizens. (Such “casual” frisking may involve a frontal
or “face-to-face” frisk where the officer nonchalantly pokes around a citizen’s pockets
without taking the usual precautions associated with a properly executed protective frisk,
which is generally done from behind while the suspect’s hands are away from his or her
body or are otherwise under control so that the officer maintains a positional and tactical
advantage.) These courts believe that some officers, in other words, rely on a racial
stereotype – the notion that minority citizens are more likely to be armed and dangerous
than non-minority citizens – to justify the decision to initiate a frisk. Obviously, in any case
where this is true,

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the officer would be engaging in racially-influenced policing in clear violation of the law and
policy in this State.
The bottom line is that police officers in this State are strictly prohibited from
drawing any inference regarding the likelihood that a person is carrying a concealed
weapon based to any degree on the person’s race or ethnicity. Rather, the decision to
initiate a protective frisk for weapons must be based on objective, race-neutral facts that
are specific to the particular individual who the officer intends to frisk. It is absolutely
imperative that those facts be thoroughly and accurately documented, whether or not the
frisk actually revealed a weapon.
All police officers have a vested interest in making certain that their colleagues
comply with these Fourth and Fourteenth Amendment rules. The frisk doctrine is a vital
tool designed to enhance officer safety. Any abuses of the frisk doctrine will only
encourage courts to impose further restrictions on the exercise of police discretion.
13.7

Judicial Skepticism About Overreliance on “Nervousness” and “Furtive
Movements” as Suspicion Factors

Some courts have criticized police officers for relying too often and too heavily upon
certain facts or observations in order to justify treating detained motorists as criminal
suspects. Specifically, some courts have expressed concern about police reliance upon
“unnatural nervousness” and “furtive movements.” These judges believe that it is too easy
for police to misinterpret or place too much emphasis upon nervousness and furtiveness
in drawing inferences of ongoing criminal activity, using these subjective factors to justify
pre-existing suspicions that are really based on hunches and perhaps influenced by racial
or ethnic stereotypes.
Although “unusual nervousness” and “furtive movements” are legitimate factors that
police may consider as part of the “totality of the circumstances,” whenever you rely upon
either or both of these suspicion factors, it is especially important for you to fully and
specifically document the circumstances. It is not enough, for example, to write in a report
that a motorist made a “furtive” movement without fully explaining exactly what the
movement was, and why you reasonably believed that that movement was threatening or
otherwise consistent with criminal (as opposed to innocent) behavior. See State v. Daniels,
264 N.J. Super. 161 (App. Div. 1993) (“Although such characterizations [the officer
describing suspect’s movement as “furtive”] may be helpful in understanding a police
officer’s subjective reactions, they are not talismanic, search justifying “sesames.” The
critical inquiry is the objective nature of the movement.”).
Part of the problem lies in the fact that the word “furtive” is extremely nebulous and
does not mean much. It is defined in the dictionary as “concealed, or hidden or stealthy.”
The term thus encompasses a wide range of behaviors, some of which are far more
threatening or consistent with criminal behavior than others.

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As the dictionary definition suggests, the one common feature in all “furtive
movement” cases is that the movement, at least initially, is unexplained (precisely because
it was concealed or hidden). This logically begs the question of who will have the burden
of explaining the true nature and significance of the movement. As we have seen, under
traditional Fourth Amendment law, whenever an officer is acting without the benefit of prior
authorization from a court, the burden of proof generally rests with the State in a motion to
suppress.
An officer confronted with any unexplained or ambiguous movement should
therefore consider the feasibility of posing a question to the person concerning the
movement, trying to elicit some explanation. The citizen’s explanation may dispel the
threatening or suspicious nature of the movement, or, in contrast, may heighten the
officer’s concern, providing a new factual basis for suspicion, where, for example, the
person denies having made a movement that the officer actually observed. Such a denial
is essentially a form of lying, which is an extremely important circumstance, one that is
inherently suspicious and that logically supports or corroborates an inference that criminal
activity may be afoot and that weapons may be present. See again State v. Daniels, 264
N.J. Super. 161 (App. Div. 1993) (the officer’s concern engendered by the front seat
passenger’s reaching under seat was heightened by the passenger’s denial of these
actions so that furtive gesture ripened into reasonable articulable suspicion).

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A number of courts have also expressed concern that police rely too much on a
suspect’s nervousness as evidence of a “consciousness of guilt.” Recently, the New
Jersey Supreme Court in State v. Stovall, 170 N.J. 346 (2002), explained that nervousness
is a perfectly legitimate suspicion factor, notwithstanding that it is common for people to
react nervously when questioned by police. See also State v. Hickman, 335 N.J. Super.
623 (App. Div. 2000) (nervousness in responding to questions justified broadening the
scope of the officer’s inquiries).
Even so, it is important for police officers to understand why some trial courts remain
skeptical. Law enforcement officers may tend to interpret nervousness as evidence that
a person is hiding something. But there can be many reasons why a person might be
nervous in the presence of a uniformed officer. Indeed, courts are likely to assume that all
citizens (including law abiding citizens) are at least somewhat apprehensive when they are
pulled over by police. See, e.g., State v. Jones, 326 N.J. Super. 234 (App. Div. 1999)
(driver’s nervousness was “to be expected”).
This fact-sensitive issue is especially important in the context of our discussion of
racially-influenced policing because some minority citizens may appear to be nervous
because they are mistrustful of police or have been treated with derision or disrespect by
police officers in the past. Anyone who anticipates being treated as a criminal suspect is
more likely to be nervous about the encounter (i.e., “act guilty”) than are persons who are
only worried about whether they are going to be able to talk their way out of getting a traffic
ticket.
Whenever you rely on nervousness as a factor in deducing whether criminal activity
is afoot, you should fully and precisely document the person’s conduct that manifested
nervousness (i.e., trembling hands or voice, apparent unwillingness to make eye contact,
unusual perspiration, etc.). (Although the resolution of the video portion of a Mobile Video
Recorder may not be good enough to record such subtle behaviors, the audio portion can
be used to document an officer’s “present sense impressions” when, for example, the
officer asks the motorist why he or she seems to be so nervous. When this can be done
safely (the posing of this question could prompt a nervous criminal to react with a fight or
flee response), the audio recording would help

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to repudiate any claim that the officer had later fabricated the observation that the motorist
appeared nervous.)
As importantly, you should be aware of and carefully document exactly when those
nervous behaviors first occurred. If, for example, the person exhibited nervousness from
the very outset of a motor vehicle stop, that might be explained by the citizen’s general
apprehensiveness regarding law enforcement officers. If, in contrast, the person’s nervous
behavior only began (or significantly intensified) after a specific question was posed by the
officer, that would constitute stronger evidence that the nervousness suggests a
consciousness of guilt.

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UNIT 14:
14.1

INCONSISTENT OR INACCURATE POLICE REPORTS AND
TESTIMONY AS A TRIGGER FOR JUDICIAL SCRUTINY
The Need for Precision, Accuracy and Thoroughness

In today’s judicial climate, and because in many if not most cases the burden of
proof or production will be on the State in a motion to suppress evidence, it is not enough
that police officers make sound decisions out in the field. Rather, officers must be prepared
to document their actions and the reasons that explain and justify their split-second
decisions.
Report-writing, as it turns out, is one of the most important skills that a law
enforcement officer must master. The test for a good police report is deceptively simple:
a person reading your report -- who knows nothing about the police encounter at issue -should be able to figure out exactly what happened (the who, what, where and when), and,
as importantly, should be able to figure out why you made the decisions that you made.
Always remember that defense attorneys, prosecutors and judges will carefully
review police reports, focusing on what is in them, and also on what is missing. Police
must therefore be dead-on accurate, precise and thorough in describing the sequence of
events and in establishing the facts necessary to meet any applicable legal test or required
level of proof. It is important to understand that your reports serve many functions besides
helping to “refresh” your recollection at the time that you testify at trial or a pretrial motion
to suppress evidence. These reports are read by prosecutors, defense lawyers and judges
to decide how a case will be handled. Indeed, a poorly written report (one that is
incomplete or imprecise) may result in a case being downgraded, devalued as part of the
plea bargaining process, or even dismissed outright, so that you may never have a chance
to supplement the report with your in-court testimony.
Let us consider how even factually accurate language in a report can create
confusion in a Fourteenth Amendment Equal Protection context where the report is
otherwise deficient in setting forth the legitimate factual basis for the exercise of police
discretion. Suppose that an officer in his report writes that, “I observed two Hispanic males
conversing with a white male in an area known to be a high drug crime area.”
It is certainly conceivable that the report-writer merely intended to describe the
individuals that he encountered, and did not mean to suggest that the race/ethnicity of
these individuals played a role in the officer’s initial suspicion that they were engaged in
criminal activity. A prosecutor screening the case and reviewing this report might
nonetheless take the report’s prominent references to race and ethnicity into account in
gauging the risk that a defendant could mount a successful or costly Equal Protection (or
Fourth Amendment) challenge. Unless the report provides other details that clearly
document a legitimate, race-neutral basis for police scrutiny and the ensuing police
conduct, this case might easily be devalued by a prosecutor in the course of case

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screening and plea bargaining. The key, of course, is that the report be sufficiently
thorough to set forth all of the facts (and the reasonable inferences drawn therefrom) that
had prompted the officer to focus attention on these individuals and to initiate the encounter
with them.
14.2 Inconsistencies in Multiple Reports
As a practical matter, it may not take much for a court in New Jersey to conclude
that a defendant has made a prima facie case of discrimination, thus shifting the burden
of production to the State to articulate a race-neutral basis for an officer’s action. In State
v. Maryland, 167 N.J. 471 (2001), for example, the New Jersey Supreme Court invoked the
exclusionary rule notwithstanding that the defendant had not offered detailed evidence or
statistics to prove racial discrimination. The Court in State v. Maryland found that the
officer had approached the defendant only because he was one of three black males that
the officer had seen at the train station a week earlier. This circumstance raised an
inference of selective law enforcement, triggering the State’s burden to provide a raceneutral explanation for the officer’s decision to initiate a consensual field inquiry.
In that case, the Court ultimately found that the record “persuades us that the police
action of which defendant complains is not reasonably understood as anything but such a
proscribed race-based inquiry.” The Court was especially concerned with the way in which
the police officers had articulated and documented the reasons for the exercise of their
discretion. The Court observed that because,

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an inference of selective enforcement was raised, and because
there were three disparate and inconsistent versions of
defendant’s encounter with the police, the State was required
to have established a non-discriminatory basis for the officers
to conduct a field inquiry . . . (emphasis added). [167 N.J. at
486.]
In light of this case, we are now on clear notice that poorly written police reports can
help to trigger an inference of racially-influenced policing.
14.3

Case Study: State v. Segars

At this point, it would be helpful to look very closely at another case where the New
Jersey Supreme Court reversed a conviction on the grounds of impermissible racial
targeting. The case of State v. Segars, 172 N.J. 481 (2002) (per curiam), sheds light on
how New Jersey courts will go about reviewing police discretion when racial discrimination
is alleged, and once again, this case highlights the importance of accurate recordkeeping,
accurate report writing, and accurate in-court testimony.
The facts of this case were sharply contested and the prosecution and defense
offered radically different versions of what had happened. The Court first described the
defendant’s version of the facts: The defendant testified that on the date in question, at
approximately 1 p.m., he drove his car into the parking lot of a bank and parked next to an
unoccupied police vehicle, which was the only other car in the lot at the time. The
defendant entered the bank to use the automated teller machine. On the way in, he
passed the police officer exiting the bank. Defendant noted that the officer, who was
Caucasian, was looking at him “with sort of a question mark on his face.” The defendant,
who was African-American, was wearing a running outfit and a baseball cap. The
defendant completed his transaction, exited the parking lot and drove next door to a
convenience store. After a few minutes in the convenience store, defendant returned to
his vehicle where he was approached by the police officer, who asked to see his
credentials. Defendant produced the credentials and, when asked, admitted that his
license had been suspended. The defendant acknowledged that the officer was polite and
made no comments in respect of the defendant’s race.
The police officer’s testimony was quite different. The officer testified that he saw
defendant’s unoccupied vehicle already in the bank parking lot when the officer drove in.
The officer decided to check the license plate on his MDT (Mobile Data Terminal) and may
also have checked the plates of another vehicle that was parked in the lot. The motor
vehicle lookup of the defendant’s plates revealed that the registered owner of the vehicle
had a suspended driver’s license. The officer then pulled up next to the parking lot exit and
called central dispatch to determine the reason for the suspension, which he discovered
was for driving while impaired. While waiting for the defendant to exit the bank and return
to his vehicle, the officer checked the plates on another car that pulled up in front of the

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bank because the officer noticed that this other vehicle had an expired inspection sticker.
He saw the driver of that vehicle use the automated teller machine. That driver, who was
Caucasian, subsequently was issued a ticket.
On cross-examination, the officer restated that he did not use the automated teller
machine within the span of time in question and that he never saw the defendant in the
bank or anywhere else prior to the time that the officer ran the MDT check on defendant’s
parked vehicle. When asked why he “ran” defendant’s license plates, the officer replied,
“It was a bank holiday . . . very light traffic, very – not many cars parked in the lot. There
were two cars parked there; I ran both plates . . . Any car that was in the lot I would have
run.” The officer stated that he runs plates frequently, without “rhyme or reason,” and that
if it is a slow day, like a holiday, he might check every car that goes by.
On the second day of the hearing, defendant presented the records of the bank
regarding the use of the automated teller machine on the day in question. Those records
supported the accuracy of the defendant’s testimony where that testimony conflicted with
that of the officer. In particular, the bank records bolstered defendant’s assertion that he
and the officer first encountered each other inside the bank, and that the officer only then
ran the MDT check of defendant’s license plates. Specifically, the records showed that the
officer had personally used the automated teller machine at 1:10 p.m. and that defendant
had used the ATM at 1:11 p.m. Police records turned over in discovery further revealed
that the officer checked the plates of another car at 1:12 p.m., and checked the plates on
defendant’s car at 1:13 p.m. and on a third car at 1:16 p.m.
Defendant argued from these facts that there could be only one explanation for the
officer’s inaccurate testimony, namely, that the officer was “covering up” for having checked
defendant’s plates because of his race. The State countered that the reason for the
officer’s inaccurate testimony was unknown, and that defendant’s theory was “only rank
speculation and conjecture.”
In applying the law to the facts of this case, the New Jersey Supreme Court first
reaffirmed that MDT checks are not traditional “searches” subject to Fourth Amendment
restrictions. Accordingly, a police officer may lawfully “run the plates” of a vehicle even
though the officer has no objective basis to suspect a violation of any kind. The Court took
pains to make clear, however, that under the Equal Protection Clause of the Fourteenth
Amendment, the officer could not rely on an impermissible reason such as race in deciding
when and how to use an MDT.
The Court went on to hold that when a defendant claims that an MDT check is based
on race, the defendant bears the burden of establishing a “prima facie” case by producing
relevant evidence that would support an inference of discriminatory enforcement. If the
defendant does so, the burden then shifts to the State to produce evidence of a raceneutral reason for the check. (As we saw in Unit 12.5, the Court referred to this mode of
analysis as the “burden shifting template.”)

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In this case, the officer testified that he never used the automated teller machine
during the time in question, that he never saw defendant and thus did not know defendant’s
race before he ran the MDT check, that that MDT check was totally random, and that he
checked and ticketed others, including a Caucasian motorist, during the same period.
Defendant had testified to the contrary that the officer used the automated teller machine
immediately before the defendant had, and so the officer would have therefore seen the
defendant and known the defendant’s race before the officer ran the MDT check on the
defendant’s vehicle.
The New Jersey Supreme Court concluded that from this evidence, a trier of fact
could infer that the officer checked defendant’s plates because of his race and then testified
falsely about what he did because he knew that racial targeting is wrong. Put another way,
the court concluded that defendant had met his burden of establishing a prima facie case
of selective enforcement.
Furthermore, because the evidence that raised the inference of racial targeting also
served to impeach the officer’s race-neutral rationale, a critical part of the State’s rebuttal
should have been the production of an explanation for the officer’s inaccurate testimony.
The State did not provide any such explanation and the Court referred to this as “the pivotal
point in the case.”
The Court concluded that an inference of discriminatory targeting was established
by the defendant’s testimony and documentary evidence, the officer’s inaccurate testimony,
and the failure of the State to recall the officer for an explanation. The Court ultimately
found that the State had not defeated that inference, since the only evidence advanced by
the State to support the officer’s explanation and to counter the inference of racial targeting
was that the officer had also checked the plates of a Caucasian driver. However, on the
facts of this case, that circumstance could not serve as a “counterweight” to the inference
of racial targeting because the officer acknowledged that he had run the plates of the other
vehicle as a result of an observed expired inspection sticker. By that testimony, the Court
concluded, the officer revealed that that Caucasian motorist was not checked randomly,
but rather “for cause.” The Court concluded that such a for cause check is irrelevant in
determining whether the officer’s claimed “random” computer inquiries were racially
motivated. (The race of the third driver whose license plate was checked was never
determined, and consequently that MDT check could not support an inference for or
against the racial targeting of the defendant.)
The Court ended its decision by recognizing that this was a very unusual case.
Without the officer’s repudiated testimony, the evidence produced by defendant that the
officer saw him prior to the MDT check would have been completely inadequate to support
an inference of discriminatory enforcement. But because the officer’s misstatements went
to the heart of defendant’s claims and would have allowed a trier of fact to conclude that
the officer had testified inaccurately because he practiced racial targeting and knew that
it was wrong, the State needed to recall the officer to explain his testimony.

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Although this is indeed an unusual case, it is an important precedent for training
purposes, because it shows just how easily the burdens of proof and production can shift
back and forth in the course of Equal Protection litigation. Always keep in mind that if
officers are asked why they stopped a particular individual, or why they treated that
individual in a particular way, and their answer for any reason lacks credibility and veracity,
that alone might generate an inference of an impermissible reason, shifting the burden to
come forward with a credible, race-neutral explanation.
14.4

Synopsis: Quality Police Reports as a Counterweight to Discrimination
Claims

Because a police officer can never know whether a burden of production might arise
at some time in the future – perhaps as a result of statistical evidence offered by a person
alleging discrimination – an officer must take prudent steps to document the facts that
would meet the State’s burden of production by demonstrating a race-neutral explanation
for the officer’s course of action. Indeed, one of the central themes of this entire course is
that the changing nature of both Fourth and Fourteenth Amendment litigation has placed
an ever-greater emphasis on the importance of top quality report writing and record
keeping. Always keep the following principles in mind when writing a report, or when
reviewing and approving a report drafted by a subordinate:
!

Police reports (and, of course, testimony) must be completely accurate. As
we saw in both State v. Maryland and State v. Segars, inconsistent police
reports or inaccurate testimony can result in invocation of the exclusionary
rule. (Inaccurate sworn testimony is an especially fatal mistake and can,
depending on the circumstances, result in serious disciplinary action or even
criminal prosecution for false swearing or official deprivation of civil rights.
Recall that preparing a false report gives rise to an inference that the officer
knew that his or her conduct was unlawful. See N.J.S.A. 2C:30-6d.) Police
officers should be mindful that defense attorneys will be looking carefully for
internal inconsistencies and may also cross-check an officer’s account with
other sources of information (such as other police reports,
patrol and radio logs, 911 tapes, and other records) to try to cast doubt on a
police officer’s credibility.

!

Police reports and testimony must be precise. Law enforcement officers in
their reports and testimony must be careful when using legal terminology.
When a police officer uses a term or phrase that has a particular legal
meaning, prosecutors and reviewing courts will assume that the officer knows
the meaning of the phrase and has used it correctly.

!

Police reports and testimony must be thorough. You must be prepared to
document all facts and circumstances, and the reasonable inferences drawn

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therefrom, that are necessary to justify police conduct against an expected
or at least reasonably foreseeable claim of a constitutional violation. (This
is true for issues arising under both the Fourth and Fourteenth Amendments.)
By way of example, instead of writing that you “observed a hand-to-hand
transaction,” you should explicitly describe the actors’ hand movements and
why, for example, these movements were not consistent with innocent
behavior such as a handshake. Similarly, if warning signals were issued
(e.g., “5-0" or “88"), these should be fully documented along with all other
legitimate suspicion factors.
!

Police reports should not include extraneous or irrelevant information.
Reviewing courts, knowing that officers do not have much time available to
draft the narrative portion of their police reports, will assume that everything
in the report is there for a reason, and that if a bit of information is
memorialized in a report, the officer must have thought that piece of
information was important and must have relied on that bit of information in
making police decisions.

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UNIT 15: PROBING AN OFFICER’S MENTAL PROCESSES
Fourteenth Amendment litigation is very different from traditional Fourth Amendment
litigation with respect to whether and to what extent a reviewing court will probe the internal
thought processes of a law enforcement officer. In resolving a Fourth Amendment claim,
reviewing courts use what is called an “objective” test. The inquiry for determining the
constitutionality of a search or seizure is limited to asking “whether the conduct of the law
enforcement officer who undertook the [stop or] search was objectively reasonable, without
regard to his or her underlying motives or intent.” State v. Bruzzese, 94 N.J. at 210 (1984).
“The Fourth Amendment,” the New Jersey Supreme Court noted in Bruzzese, “proscribes
unreasonable actions, not improper thoughts.” Under this so-called “objective” (as opposed
to subjective) approach, the courts are not concerned about what the officer was actually
thinking or hoping, provided that the officer was not making decisions for the purpose of
engaging in racist harassment. 94 N.J. at 226.
This Fourth Amendment analytical approach is consistent with the “motion picture
analogy” that we have already used in a different context to demonstrate how courts
conduct a “frame by frame” analysis of an officer’s conduct. When we watch a movie, we
are only concerned with the action and dialogue on the screen – what the actors are doing,
or saying. We are not at all concerned with what the actors might happen to have been
actually thinking when the motion picture was being filmed.
The legal approach used by courts in analyzing Fourteenth Amendment claims,
however, is very different. When a defendant alleges an Equal Protection violation, the
reviewing court must decide whether the officer (or the officer’s department) engaged in
purposeful discrimination. (A department’s discriminatory purpose can be established by
showing that the agency either had a policy to discriminate, or else had a de facto policy
to tolerate or condone discriminatory practices by its officers in the field.) Recall from our
discussion in Unit 7 that the concept of “purposeful discrimination” when used in the context
of a Fourteenth Amendment claim does not necessarily require a purpose to harass or
intimidate, or a purpose to violate the Constitution. Rather, in a selective enforcement
case, purposeful discrimination essentially means that the officer intended to rely on a

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particular distinguishing characteristic (in our context, race or ethnicity) in differentiating
between persons when deciding how they are to be treated.
The bottom line is that under Fourteenth Amendment analysis, the mental processes
of an officer may be relevant, and so courts are free to probe an officer’s internal thought
processes to determine, for example, whether some impermissible factor influenced the
exercise of police discretion. This fundamentally different analytical approach helps to
explain why aggregate statistics are relevant in Fourteenth Amendment litigation, whereas
they are irrelevant in deciding whether the Fourth Amendment was violated. These
statistics may serve as evidence of an officer’s underlying intent (or a department’s de facto
policy), and may be used in certain circumstances by a court to draw an inference that race
or ethnicity played a role in the exercise of police discretion.
Of course, an inference of improper motive or intent might also be based upon the
officer’s conduct during a particular encounter, if, for example, the officer were to use a
racial slur or epithet, suggesting that race or ethnicity was being considered at the time that
the officer was making decisions or engaging in specific conduct. And as we saw in our
discussion of State v. Segars in Unit 14.3, subsequent inaccurate testimony can also
establish an inference of improper motive by suggesting that the officer was trying to
conceal or “cover up” an improper motive. See also N.J.S.A. 2C:30-6d (creating a
permissive inference that an officer knew that his or her conduct was unlawful when the
officer prepares a false report or fails to prepare a report that was required to be prepared).
In sum, Fourth Amendment litigation tends to focus mostly on what happened.
Fourteenth Amendment litigation, in contrast, tends to focus much more on why events
transpired as they did, examining the thought processes and purpose and motivations of
law enforcement officers.
15.1

The Rules Concerning Police Deception and “Pretext” Stops

In litigation arising under both the Fourteenth Amendment Equal Protection Clause
and the Fourth Amendment, defendants may allege that the officer had conducted a
“pretext” stop. The word “pretext” has obvious negative connotations, implying that an
officer has lied, is operating under a “false pretense,” or otherwise has attempted to
mislead someone. (The word pretext is defined in the dictionary to mean “a false reason
or motive put forth to hide the real one.”)
This is not a word that should ever be used casually or inartfully by police or
prosecutors. From a legal perspective, however, the word “pretext” is much like the word
“profile.” While both of these terms carry a negative connotation in common parlance,
neither word describes police conduct that is always inappropriate, and certainly not all
pretext stops are illegal. Indeed, there are times when it is perfectly acceptable for police
to resort to a pretext or ruse, just as it is appropriate for police to make use of a raceneutral “profile.” With respect to so-called “pretext” stops, if the underlying true reason for

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the stop is lawful, then the stop is lawful. In contrast, if the underlying or ulterior reason for
the stop is unlawful for any reason, then the resulting stop is automatically unlawful.
In Whren v. United States, 116 S.Ct. 1769 (1996), the United States Supreme Court
rejected the defendant’s Fourth Amendment claim that the police had conducted an
impermissible “pretext” stop when plainclothes narcotics officers pulled defendant’s vehicle
over for a minor motor vehicle violation for the ulterior purpose of pursuing a narcotics
investigation. Although it was highly unusual for plainclothes detectives to initiate a traffic
stop, the Court refused to delve into the officers’ secret or ulterior motives, declining to
examine whether their conduct was based on a so-called subterfuge or pretext.
(The United States Supreme Court in Whren nonetheless issued a stern warning to
officers who might decide which motorists to stop based on what the Court characterized
as “decidedly impermissible factors, such as the race of the car’s occupants.” “We of
course agree with petitioners,” the Court warned, “that the Constitution prohibits selective
enforcement of the law based on considerations such as race. But the Constitutional basis
for objecting to intentionally discriminatory application of laws is the Equal Protection
Clause, not the Fourth Amendment.” 116 S.Ct. at 1774.)
Similarly, the New Jersey Supreme Court years ago in the landmark case of State
v. Bruzzese, 94 N.J. 210 (1984), refused to probe an officer’s mental processes under
Fourth Amendment analysis, holding that the proper inquiry for determining the
constitutionality of a search or seizure is done “without regard to [the officer’s] underlying
motives or intent.” 94 N.J. at 219.
In that case, the police suspected that the defendant was involved in a burglary of
a business premises from which the defendant had recently been fired. Detectives
checked their records and determined that the defendant was subject to an outstanding
bench warrant. The detectives, relying on the authority of the arrest warrant, went to the
defendant’s house, even though it was not standard procedure and in fact was highly
unusual for detectives to bother to execute this kind of warrant by going to a person’s
home. The New Jersey Supreme Court rejected the defendant’s argument that the
execution of the arrest warrant was a mere “pretext” for conducting a criminal investigation.
The Court ruled that it was irrelevant, for purposes of Fourth Amendment analysis, that the
detectives had hoped to use this encounter at defendant’s home to spot evidence of the
burglary, which is exactly what happened.
(The New Jersey Supreme Court in Bruzzese nonetheless issued a clear warning
that, “[i]n discarding the general use of a subjectivity analysis, we do not condone searches
that are not undertaken to further valid law enforcement aims. For example, we afford no
legal protection to police officers who invade the privacy of citizens as a means of racist or
political harassment.” 94 N.J. at 226.)
In sum, there are times when it is perfectly appropriate for a police officer to conceal

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from a criminal suspect the true reason or factual basis for the officer’s course of action.
Indeed, it is sometimes permissible for a law enforcement officer to go further and
affirmatively mislead a criminal suspect. For example, it may, depending on the
circumstances, be a permissible interrogation tactic to suggest to a properly-Mirandized
suspect that the strength of the case against the suspect is stronger than it really is. See,
e.g., Frazier v. Cupp, 89 S.Ct. 1420 (1969) (confession was held to be voluntary and
admissible where police had lied to defendant that his co-defendant had implicated him in
the crime). But compare State v. Patton, 362 N.J. Super. 16 (App. Div. 2003) (police
deception in the form of fabricating false tangible evidence or documents to elicit a
confession violates due process and defendant’s resulting confession was per se
inadmissible). See also State v. Chirokovkcic, 373 N.J. Super. 125 (App. Div. 2004) (reaffirming the rule that police may not fabricate evidence to use in an interrogation and
holding that Patton did not announce a new rule of law in New Jersey.) The use of
deception during the course of a police interrogation is an extremely complicated area of
Fifth and Sixth Amendment law. Courts will closely examine the circumstances to
determine whether any such police tactics went too far and had the capacity to “overbear
the suspect’s will.”
Furthermore, and at the risk of stating the obvious, while it is sometimes permissible
for police to mislead criminal suspects, it is never permissible for a police officer to mislead
a court. Whenever any kind of deception or pretense is used, prosecutors and courts must
be able to review the tactic and determine whether the deception or pretense was
appropriate, or went too far. Here is a simple rule of thumb: if a police officer would
hesitate to fully and accurately document the true nature of any deception, pretense or
ulterior motive, then that fact by itself is a clear indication that the deception or ulterior
motive is inappropriate and illegal. Always remember, it is our responsibility to explain to
a reviewing court exactly what happened and why it happened.
One of the most common examples of a legitimate use of a “pretext” occurs when
the police make what is sometimes called a “directed” stop. Consider the following
scenario. Narcotics detectives have been working on a significant case for a long time and
have learned from a reliable source that a large shipment of drugs will be traveling in a
particular vehicle using a particular route. The detectives want to intercept this drug
shipment in transit, but do not want to reveal to the “mule” or his or her superiors that they
are all the subjects of an ongoing narcotics investigation. The detectives therefore arrange
for a uniformed police officer in a marked patrol car to intercept the subject vehicle and
essentially simulate a routine motor vehicle stop, misleading the suspected drug courier
into believing that he had simply been unlucky when he was stopped for a motor vehicle
violation. This encounter, meanwhile, provides the detaining officer the opportunity to
pursue the narcotics investigation, and possibly even secure the cooperation of the mule.
This is a lawful police tactic. Essentially, this is a type of “B.O.L.O.” situation where
the uniformed officer in a marked patrol car is instructed by other officers to be on the
lookout for a particular vehicle suspected of being involved in criminal activity. Note that

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in this instance, because the detaining officer has preexisting reasonable suspicion (or
even probable cause) to justify an investigative detention (if not a full blown arrest), the
officer need not wait to observe a motor vehicle violation before initiating the encounter,
although for tactical reasons, the officer will probably be instructed to watch and wait for a
motor vehicle violation so as not to arouse the mule’s suspicions about the true reason for
the stop. In this scenario, the officer would be permitted to lie to the motorist about the true
reason for the stop, explaining to the motorist that the stop was based on an observed
speeding violation, even if, in fact, no such violation took place.
While the use of deceptive tactics or subterfuge has its place in dealing with criminal
suspects, as a general proposition, police officers should not attempt to deceive or mislead
persons who are not already criminal suspects. For example, when a citizen is pulled over
for a minor traffic violation, it would be inappropriate for a police officer to lie to the detained
motorist as to the reason for the motor vehicle stop. If the stop was based on an observed
speeding violation, the officer should explain that to the motorist, and generally should do
so at an early stage of the encounter, and without prodding from the motorist, so as to
reduce tensions and assuage any concerns that the motorist might have that the stop was
based on some impermissible reason.
(Obviously, if the reason for the stop is that the officer had reasonable articulable
suspicion to believe that the motorist was engaged in criminal activity, or was the subject
of a wanted or B.O.L.O. bulletin, then, for tactical and safety reasons, the officer need not
reveal that fact until it is safe to do so. In those circumstances, such as the “directed” stop
we just discussed, it would be appropriate for the officer to tell the motorist that he or she
was pulled over for an observed motor vehicle violation, even though that is not true. But
note that in this circumstance, the motorist being deceived would already be a criminal
suspect.)
As we have seen, courts have expressed concern when police try to use a routine
motor vehicle stop as a launching pad to initiate an impromptu criminal investigation – a
practice we have referred to as “digging.” As a general proposition, it is inappropriate for
a police officer to treat a motorist who is suspected of nothing more than a minor traffic
violation as if he or she

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were a criminal suspect, unless the officer is actually aware of objective facts that suggest
that this individual is, in fact, engaged in criminal activity.
Let us consider another scenario where there are objective, race-neutral facts
concerning possible criminal activity that would justify what might well be called a “pretext”
motor vehicle stop. Suppose a citizen reports by cell phone that the occupant of a
particular vehicle is carrying a gun. The tipster gives a detailed description of the suspect’s
vehicle and license plates, but she refuses to provide her own name to police, choosing to
remain anonymous. As we have seen, the United States Supreme Court in Florida v. J.L.,
120 S.Ct. 1375 (2000),has ruled that an anonymous tip of a “man with a gun” generally
does not, by itself, satisfy the reasonable articulable suspicion level of proof. In other
words, our anonymous tip standing on its own would not justify initiating a so-called “Terry”
stop.
Let us further suppose that you are on patrol and, acting on a B.O.L.O. bulletin
based on the anonymous tip, you identify the subject vehicle, watch it for a few moments
from a discreet distance (without activating your overhead and “takedown” lights), and
fortuitously observe a very minor Title 39 violation. At this point, may you initiate a motor
vehicle stop based on the Title 39 violation, even though that infraction is so minor that
ordinarily, you would not bother to stop a vehicle for this violation?
The answer is yes. This would indeed be lawful and appropriate police conduct in
response to the anonymous tip. It is true, of course, that this stop might be characterized
as a “pretext” in that you are obviously trying to take advantage of the minor motor vehicle
violation to pursue an investigation into matters that are wholly unrelated to the observed
Title 39 infraction, namely, an investigation into whether the driver is carrying a firearm.
However, as in the Bruzzese and Whren cases, your ulterior motives in this instance are
irrelevant (because those motives are not themselves illegal), and so you would be
authorized under both State and federal constitutional law to initiate an investigative
detention based on the objective fact of the observed motor vehicle violation.
During the course of this investigation, you could certainly order the driver to step
out of the vehicle so that you might be able to observe a bulge in his pockets, and you
could also pose questions and watch for any nervous or furtive reactions that might
corroborate the anonymous tip. (Indeed, in this instance you could also order any
passenger to step out of the vehicle based on the report of the gun, since the anonymous
tip, while not meeting the reasonable articulable suspicion level of proof, would meet the
lower “articulable facts warranting heightened caution” level of proof established by the
New Jersey Supreme Court in State v. Smith, 134 N.J. 599 (1994), to justify ordering
passengers to alight from a lawfully-stopped vehicle.)
The key point to understand is that in this scenario, the officer’s ulterior motive (the
officer’s desire to investigate the anonymous tip) was not independently unlawful, and thus
did not taint or “poison” the decision to stop the subject vehicle for a very minor Title 39

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infraction.
It is important to note in this regard that the United States Supreme Court in Florida
v. J.L. by no means suggested that an anonymous tip is irrelevant and may not be
considered as part of the totality of the circumstances. Rather, the United States Supreme
Court only ruled that as a general proposition, an anonymous tip by itself does not establish
reasonable articulable suspicion of criminal activity. In fact, the Court suggested that a
responding officer could and should investigate the matter, but could not do so by initiating
an investigative detention based solely on the as yet uncorroborated anonymous tip.
This is yet another example of the importance of timing (patiently controlling the
sequence of events and police decisions) and of “lining up your ducks” before taking a step
that intrudes on Fourth Amendment rights and that therefore triggers a legal standard or
level of proof. (At the risk of making a bad pun, one might say that the officers in Florida
v. J.L. had “jumped the gun” by initiating an investigative detention before they had
attempted to corroborate the anonymous tip.) In our scenario, in contrast, the act of
identifying and watching the subject vehicle from a discreet distance to look for a violation
was an appropriate “less intrusive” investigative alternative, and, as was true in Bruzzese,
the fact that the officer very much “hoped” to observe just such a violation to justify a stop
is simply irrelevant for purposes of constitutional analysis.
Let us now consider yet another considerably more complex scenario that will help
to explain when officers might be allowed to make what could be characterized as a
“pretext” stop in a situation that raises the issue whether the Fourteenth Amendment Equal
Protection Clause has been violated. In this variation of a “pretext” stop scenario, we will
consider when and under what circumstances an officer may legitimately consider that an
individual is “out of place” in a particular neighborhood – a sensitive and complicated
subject that we have already discussed in Unit 11.
Suppose that narcotics detectives interview numerous arrestees and develop and
share reliable intelligence information that indicates that students from a nearby college are
buying illicit drugs at a particular urban public housing complex. (The college student body
happens to be comprised mostly of non-minority students, whereas the residents of the
public housing project are predominantly African-American. However, the resulting modus
operandi “profile” that is communicated to rank and file officers at a roll call briefing is silent
as to race.)
Two officers are on patrol near the public housing complex and observe a vehicle
entering the neighborhood bearing a rear windshield parking permit sticker that indicates
that the owner/operator of the vehicle attends the nearby college. The two persons in the
vehicle are Caucasian.
The officers watch the vehicle to look for suspicious behavior (such as cruising
repeatedly around the block, stopping to speak with known drug dealers out on the street,

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hand-to-hand transactions, etc.), but before they observe any such behavior consistent with
criminal activity, the officers observe a minor motor vehicle infraction. Let us suppose, for
example, that they notice an equipment violation, such as a malfunctioning brake light.
Although the officers would not normally bother to initiate a traffic stop for so minor a motor
vehicle infraction, they decide to stop the vehicle on the basis of this Title 39 equipment
violation. Their ulterior purpose, of course, is to investigate whether the occupants are here
to buy drugs.
Is this a lawful stop under the Fourth Amendment? Yes, the observed motor vehicle
violation provides what is called an “objectively reasonable” justification for initiating an
investigative detention. Once again, for purposes of Fourth Amendment analysis, the
officer’s ulterior purpose or motive is irrelevant.
Of course, that does not end our legal inquiry. The real issue that is likely to arise
is whether this particular “pretext” encounter violated the Equal Protection Clause of the
Fourteenth Amendment, and we could reasonably expect in this scenario that a reviewing
court might be skeptical and would carefully examine whether race or ethnicity contributed
in any way to the officers’ decision to target this vehicle. The answer to the legal question
in a nutshell is that the police decision to stop the vehicle in these specific circumstances
would not constitute a violation of either the Equal Protection Clause of the Fourteenth
Amendment or the New Jersey policy strictly prohibiting racially-influenced policing. It is
true that this was a “pretext” stop in the sense that the officers clearly had an ulterior
purpose for taking advantage of the observed Title 39 violation, namely, their desire to
create an opportunity to investigate possible involvement in more serious criminal activity.
But remember that the general rule is that an officer’s ulterior purpose or motive is
irrelevant so long as that ulterior purpose is not itself unlawful.
In this case, the officers do not appear to have engaged in racially-influenced
policing because there is no indication that they had used race as a factor in determining
that this vehicle or its occupants may have been engaged in criminal activity. The modus
operandi “profile” of local drug purchasers that was developed through the analysis of
intelligence information was “race neutral” – it referred to students from a particular college,
not persons of a particular race or ethnicity. (Note that travel to or from a particular place
(such as a known “source” of illicit drugs) is a form of conduct that may be considered as
part of a race-neutral profile.) It may well be true, of course, that race was strongly
“correlated” to attendance at this particular college, meaning in this instance that students
from this particular school are more likely to be white. But the officers cannot change that
fact and are not responsible for such demographic realities, any more then they can
change the ethnic composition of the Mafia. See also Unit 16.2 (discussing so-called
“spurious” or “intervening” variables that can explain how race-neutral suspicion factors
may be statistically correlated to race or ethnicity).
The point is simply that in this scenario (in contrast to a similar scenario we
considered in Unit 6.5), the officers who developed and disseminated the intelligence

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reports, and the officers who relied on those intelligence reports to make decisions in the
field, at no time used race or ethnicity to draw or bolster inferences that an individual or
group of individuals of a certain racial type are more likely to be engaged in criminal activity.
The officers who developed and disseminated the intelligence data did not incorporate race
or ethnicity into their description of the methods of operation of students who are traveling
to the urban apartment complex to purchase drugs. Needless to say, it would have been
inappropriate (and violative of our non-discrimination policy) if the intelligence report and
ensuing alert had been that “white college kids are coming into this part of town to buy
drugs.” Any such broad-brushed, race-based alert would have been no better, from a
policy or constitutional perspective, then a generalized alert saying something along the
lines that young African Americans are coming into town to buy or sell drugs, commit
burglaries or steal cars.
To sum up our mode of analysis, in this scenario, there were essentially two
significant components of the intelligence-based “profile” of local drug purchasers and their
modus operandi:
1.

students from a
particular college

are

2.

traveling to a particular
location to buy drugs

Had the “profile” included a third component, “(1) white students (2) from a
particular college are (3) traveling to a particular location to buy drugs,” then this “profile”
would not be race-neutral. Such a generalized consideration of race would not fall within
the “B.O.L.O. exception,” moreover, because in this instance, race would not be used to
describe a particular known suspect or even a group of specific suspects, but rather would
inevitably be used to draw the general inference that white youths are more likely than
other college-aged persons to be in this area for the purpose of buying drugs. (Had the
intelligence information and resulting bulletins referred to specific students suspected of
being drug purchasers, then they could of course be described in part by reference to their
race, and any such alert would fall neatly under the B.O.L.O. Exception. But in that event,
one would expect that the B.O.L.O. bulletin would include some additional identifiers,
besides race, about the known individual suspects.)
It is also important to note that in this case, the officers on patrol did not establish
the first predicate fact (that these motorists are reasonably likely to be students who attend
the particular college) by considering their race or ethnicity. The officers, in other words,
did not “put the cart in front of the horse” by assuming that these motorists attended the
college on the grounds that they were white and thus would have no business in this
apartment complex unless they were college students who are known to come here to
purchase drugs. (An example of the internal thought process of such “bootstrapping” might
sound something like this: “Hmm, that’s odd. These must be a couple of those college

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kids we were warned about at roll call. Why else would white kids be in this part of town?”)
Rather, in our scenario, the predicate fact of the motorists’ attendance at the college was
established by the markings on the vehicle -- an objective, race-neutral circumstance. The
observation of the college parking sticker created a fair inference that one or both of the
vehicle occupants attend the college, and thus matched the race-neutral “profile” of drug
purchasers developed through intelligence data.
Having considered two legitimate “pretext” stops, let us consider an example of what
would constitute an illegitimate pretext stop – one that would clearly violate our policy
prohibiting racially-influenced policing. Let us suppose that an officer on patrol observes
a vehicle driven by a minority citizen traveling in a predominantly white neighborhood. The
officer believes that this citizen seems to be “out of place” and he very much wants the
opportunity to stop that vehicle to “check it out,” but he sees no Title 39 violation. The
officer knows that he is not permitted under the Fourth Amendment to make a motor
vehicle stop unless there is an observed motor vehicle violation to justify any such
investigative detention. The officer therefore runs the plates on the vehicle hoping that the
MVC lookup would reveal an objective basis under the Fourth Amendment to initiate an
investigative detention.
Needless to say, this scenario right from the outset constitutes a violation of our
policy banning racially-influenced policing. As we have seen repeatedly, an officer may not
consider race or ethnicity in deciding whether or not to “run the plates” of a vehicle, even
though that particular police action does not intrude upon Fourth Amendment interests, and
even though the motorist may never learn that the officer had checked his or her license
plates. If, by chance, any such motor vehicle lookup had revealed the basis for initiating
an investigative detention (such as, for example, information indicating that the vehicle was
falsely plated or was reported stolen, or that the operator of the vehicle was driving on the
suspended list), that information would be tainted, that is, would be considered to be the
“fruit” of the unlawful use of race or ethnicity in exercising police discretion.
In this case, any resultant “pretext” stop would be illegal, not because officers are
not allowed to run plates in the hope of providing a pretextual basis for initiating a stop, but
because in this case, the ulterior motive was itself racially-influenced and thus unlawful.
The violation of our statewide nondiscrimination policy in this scenario occurred the instant
that the officer “ran the plates” of the vehicle. It therefore would not matter whether or not
the computer inquiry produced some kind of “hit.” The “hit,” in other words, would not
salvage the officer’s race-influenced decision to “run the plate.”
Let us now change the scenario and suppose instead that the officer when
scrutinizing the “out of place” vehicle happened to notice a minor motor vehicle violation.
May the officer in that event initiate a motor vehicle stop relying upon the observed Title 39
violation? The answer, of course, is no. In this situation, the true reason for selecting this
vehicle to be stopped was the officer’s hunch that something is amiss based on the officer’s
belief that it is unusual or suspicious for a minority citizen to be traveling in a predominantly

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white neighborhood. In this case, the race-based inference would clearly have influenced
the officer’s exercise of discretion, and would thus taint or poison any ensuing police
decision or action.
Note that in this version of the scenario, a stop based on the observed motor vehicle
violation would not violate the Fourth Amendment, but would instead violate the Fourteenth
Amendment Equal Protection Clause and our statewide nondiscrimination policy set forth
in Attorney General Law Enforcement Directive 2005-1. The practical result, of course, is
the same; the police conduct is illegal and any evidence that might thereafter be found
would be subject to the exclusionary rule. See Unit 5.1 (a police officer must at all times
respect all constitutional rights, and a violation of any provision of the Constitution could
lead to the suppression of evidence even though the officer’s conduct complied with other
provisions of the Constitution).

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UNIT 16: THE USE AND MISUSE OF STATISTICS
Statistical data have played an interesting role in the unfolding racial profiling
controversy. We all know that statistics are easily manipulated and misused, whether
inadvertently or on purpose. We must therefore always be careful in how we use statistical
information.
In the context of the racial profiling controversy, statistics have been used in a
number of different ways to serve many different purposes. Sometimes, statistics have
been used by law enforcement professionals to try to justify various forms of raciallyinfluenced policing – a dangerous and discredited practice that raises serious legal and
policy questions. On the other side of the scales, statistics have also been used against
law enforcement agencies, and can be relied upon by persons who are trying to establish
that they were the victims of police discrimination. Statistics are also sometimes used by
police agencies to monitor their own performance and to serve as a kind of “early warning
system” to alert supervisors and managers of potential problems. (We will consider this
latter use of statistics in our discussion of the roles of police executives and supervisors in
Unit 17.)
16.1 The Use of Statistics to Try to Justify Racially-Influenced Policing
We will first consider how statistics have sometimes been used by some law
enforcement agencies around the country in an effort to justify certain enforcement tactics.
We begin our discussion by noting that one of the specific assumptions that lies near the
heart of the racial profiling controversy is the belief that a disproportionate percentage of
drug dealers and couriers are Black or Hispanic. If that were true, the argument goes, then
race and ethnicity might then serve as a reliable indicator or predictor of drug trafficking
activity. In other words, some have argued that by focusing police attention on minority
citizens, the law enforcement community could enhance the odds of detecting drug
offenders and of seizing large drug shipments. Essentially, the advocates of using racial
characteristics to focus police scrutiny on minorities have determined that the ends
(marginally enhancing the efficiency of drug interdiction efforts) justifies the means (using
race to predict criminal activity).

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The proponents of this viewpoint often cite to “empirical” evidence, usually in the
form of arrest and conviction statistics that would appear at first glance to demonstrate that
minorities are indeed disproportionately represented among the universe of convicted drug
offenders. On closer inspection, however, it turns out that these statistics may have been
used unwittingly to grease the wheels of a vicious cycle – a self-fulfilling prophecy whereby
law enforcement agencies rely on arrest data that they themselves generated as a result
of the discretionary allocation of resources in targeting their drug enforcement efforts.
It is important to understand that drug enforcement is said to be “proactive,” meaning
that we will often go out looking for offenses and offenders, rather than wait to investigate
a completed crime that was reported by a witness or victim, such as a burglary or robbery.
That is why drug arrests are not considered to be “index” offenses and are not used to
calculate crime rates. The number of drug arrests is more a reflection of law enforcement
efforts and priorities then it is a reflection of the actual extent of drug distribution activity.
We can, in other words, make as many drug arrests as we want to, although as a practical
matter, we can only make arrests for a tiny fraction of the innumerable drug offenses that
are actually committed. When drug enforcement is made a priority, drug arrests go up, and
conversely when our attention and resources are diverted to other enforcement priorities,
drug arrests may go down, whether or not the drug problem has actually worsened,
improved, or stayed pretty much the same.
Furthermore, when an officer during a particular encounter with a citizen is not
expecting to find drugs, the officer is less likely to actively look for drugs, and, logically, is
less likely ultimately to find them. For this reason, our arrest and conviction statistics
involving minority citizens could well be the result of the fact that these citizens were more
likely to be suspected of being drug offenders in the first place, and thus were more likely
to be subjected to probing investigative tactics (such as posing accusatorial questions or
asking for permission to conduct a consent search) -- “digging” tactics that are designed
to confirm pre-existing suspicions of criminal activity.
Simply stated, the practice of relying upon minority arrest and conviction statistics
to justify investigation and arrest practices is like allowing the tail to wag the dog. Some
police officers may be subjecting minority citizens to heightened scrutiny and more probing
investigative tactics, which leads to more arrests, which are then used tautologically to
justify those same enhanced investigative tactics.
Yet another problem in relying on arrest and conviction statistics is that these
numbers, by definition, count only those persons who were found to be involved in criminal
activity. These statistics do not show the number of persons who were detained or
investigated who, as it turns out, were not found to be carrying drugs. Consistent with our
human nature, we in law enforcement tend to remember and focus on our “hits,” but tend
to pay much less attention to our far more frequent misses, that is, those instances where,
for example, a consent search failed to discover contraband, or where the posing of probing
or accusatorial questions failed to reveal inconsistencies or apparent falsehoods that could

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be used to build a reasonable articulable suspicion of criminal activity.
Consider that if you act on a “hunch” and your ensuing investigation happens not to
find evidence of criminality, you are not likely to pay too much attention to this episode; nor
are you likely to lose confidence in your gut instincts. If, on the other hand, your hunch
happens to pan out, leading to the discovery of evidence of criminal activity, you will always
remember this incident and view it as validating your “sixth sense.” This same principle of
selective memory can apply to profiles. “Misses,” while common, are just chalked up to
experience, while fortuitous “hits,” which are far less common and thus inherently more
noteworthy, are credited to the profile, rather than to chance. (“Selective enforcement,” as
it turns out, can sometimes be attributed to selective recall.)
Statistics that show that a disproportionate percentage of minority citizens are
arrested and convicted for drug offenses can also be misleading because it is so much
easier for police to observe and apprehend drug offenders who operate out in the open.
It is far easier to make arrests in or around “open air” drug marketplaces in urban areas
than it is to apprehend suburban drug offenders, who tend to commit offenses more
discreetly from behind closed doors. As to these suburban and rural offenders, we
generally cannot make an arrest except as a result of a comparatively sophisticated
investigation that is conducted by undercover officers and that depends upon the issuance
of a search warrant. Because urban offenders tend to operate out on the street rather than
from behind closed doors, they are far more vulnerable, and can easily be arrested without
a warrant by uniformed patrol officers, who comprise the vast majority of our law
enforcement resources.
The easy-to-catch urban offenders reflect the racial and ethnic demographics of the
urban neighborhoods in which they operate. The same is true for the harder-to-catch
suburban and rural offenders. That being so, the net result is that minority drugs dealers
tend to be more easily apprehended, and so are arrested in greater numbers. When one
“controls for” the racial and ethnic demographics of the neighborhoods in which drug
offenders operate, it turns out that race and ethnicity are not useful in predicting who is
more likely than others to be engaged in criminal activity.
Indeed, law enforcement experts who have carefully examined the empirical
evidence have reached this conclusion. According to the Police Executive Research
Forum, for example, “many studies have demonstrated that race is not a useful predictor
of criminality, either as a sole factor or in combination with other factors . . .” Police
Executive Research Forum, Racially Biased Policing: A Principled Response, p. 93 (2001).
In other words, as it turns out, using profiles that rely on racial or ethnic stereotypes is no
better, and in many respects is far worse, then targeting citizens at random.
It is also important to note that the United States Department of Justice – an agency
that includes the Drug Enforcement Administration and the Federal Bureau of Investigation
– recently announced strict policy guidelines that flatly dismiss the notion that crime

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statistics can be used to justify racially-influenced policing. Specifically, the United States
Attorney General has declared that:
Stereotyping certain races as having a greater propensity to
commit crimes is absolutely prohibited. Some have argued
that overall discrepancies in crime rates among racial groups
could justify using race as a factor in general traffic
enforcement activities and would produce a greater number of
arrests for non-traffic offenses (e.g., narcotics trafficking). We
emphatically reject this view.
In sum, and for all of the foregoing reasons, under our statewide policy prohibiting
discriminatory policing, aggregate or group statistics (such as arrest and conviction data)
may not be used to justify using race or ethnicity as a factor in predicting or inferring that
a particular individual or group of individuals is more likely than others to be involved in
drug trafficking or any other type of criminal activity. It is inappropriate, in other words, to
rely on “aggregate” or group statistics to support an inference that a particular individual of
a given race or ethnicity (the person with whom an officer is interacting) is engaged in
criminal activity.
16.2

The Use of Statistics to Prove Racially-Influenced Policing

Fourteenth Amendment litigation is very different from Fourth Amendment
jurisprudence in its use and reliance upon aggregate statistics. In an Equal Protection
case, the person claiming to be the victim of unconstitutional behavior is permitted, or in
some cases may even be required, to present evidence concerning “patterns” of similar
police conduct involving other possible victims. Such statistical evidence may be used to
show a “disparate impact,” a “discriminatory intent,” or both. (In the real world, these two
legal concepts tend to overlap. Evidence that shows that minorities are treated differently
(an “effect”) may also establish an agency’s actual or de facto intent to treat minority
citizens differently.)
In State v. Soto, 324 N.J. Super. 66 (Law Div. 1996), the defendants based their
claim of racial targeting on statistics. While statistical evidence is deemed to be relevant,
it is usually not sufficient by itself to support an Equal Protection claim. (In most cases,
defendants are not likely to rely entirely on statistical evidence. In State v. Soto, for
example, the defense produced other witnesses, including an expert to testify on whether
the State Police had allowed, condoned, cultivated or tolerated discriminatory practices.)
Sometimes, however, these statistics may reveal anomalies that could conceivably satisfy
the claimant’s “prima facie case,” thus triggering the “burden shifting template” established
by the courts, requiring the State at that point to offer a race-neutral explanation for the
statistical anomaly. Relatedly, statistics may be used by a defendant to establish a
“colorable basis” to believe that selective enforcement may be occurring, thus entitling the
defendant to demand access to internal police reports and other documents as part of the

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process of pretrial “discovery.” See State v. Kennedy, 247 N.J. Super. 21 (App. Div. 1991);
State v. Ballard, 331 N.J. Super. 529 (App. Div. 2000).
The use of statistics to try to determine whether racially-influenced policing is
occurring can lead to a protracted “battle of experts.” Statisticians may argue, for example,
over whether data were correctly obtained and whether the data are accurate and reliable.
We can also expect expert witnesses to argue over how many “standard deviations” from
an expected result constitutes evidence of discrimination, and is not just random variation
that signifies nothing.
One of the key issues that arises in any such battle of experts is how to determine
what “benchmark” should be used to decide whether the recorded statistics actually
demonstrate a potential Equal Protection problem. Remember that the gist of an Equal
Protection claim is that a particular individual or group of individuals is being treated
unequally, that is, treated differently from other persons who were otherwise similarly
situated but who have different racial or ethnic characteristics. This type of litigation
necessarily requires a comparison, which forces judges, lawyers and statisticians to figure
out whether they are comparing the right information, rather than comparing apples and
oranges.
It is important to note that a statistical discrepancy (e.g., the apparent
overepresentation of minorities in a given stop, arrest or conviction statistic) does not
necessarily mean that police have engaged in discrimination in violation of the Fourteenth
Amendment Equal Protection Clause or Attorney General Law Enforcement Director 20051. Often, what might appear at first glance to be evidence of “disparate treatment” might
actually have been caused by one or more perfectly legitimate, race-neutral factors -criteria that police are absolutely permitted to rely upon under our statewide
nondiscrimination policy. This is so because there are many instances when legitimate law
enforcement criteria or suspicion factors turn out to be “correlated” to race or ethnicity for
reasons that have nothing to do with law enforcement decisions and that are simply beyond
the power of law enforcement to change.
By way of example, a law enforcement agency whose core mission is to investigate
the criminal activities of La Cosa Nostra families could be expected to arrest and prosecute
a large proportion of suspected Mafioso who happen to be persons of Italian ethnicity.
Such arrest and prosecution statistics would simply reflect the membership criteria of that
particular criminal organization, and so in this instance, the arrest and conviction statistics
would by no means demonstrate that this law enforcement agency has in any way engaged
in purposeful discrimination or otherwise violated the basic principles set forth in Attorney
General Law Enforcement Directive 2005-1. So too, as we saw in Unit 6.7, when a police
agency focuses its patrol and enforcement efforts to respond to reported offenses in a socalled high crime neighborhood that happens to have a large minority population, it is
reasonable to expect that police officers assigned to patrol that neighborhood would stop
and arrest a correspondingly large proportion of minority offenders (who, in turn, would

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have been preying upon the law-abiding minority residents of this neighborhood).
One of the most important and challenging tasks for those involved in selective
enforcement litigation is to identify what statisticians refer to as “spurious” or “intervening”
variables that might cause or help to explain any statistical discrepancies or deviations. By
identifying and statistically “controlling for” these variables, it may be possible to
demonstrate that the law enforcement agency had, in fact, relied upon appropriate, raceneutral criteria in exercising discretion, thus satisfying the burden of production that might
fall upon the State under the so-called “burden-shifting template” devised by the New
Jersey Supreme Court in State v. Segars, 172 N.J. 481 (2002) (per curiam). See Unit 12.5.

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UNIT 17: THE ROLE OF POLICE EXECUTIVES AND SUPERVISORS
17.1

Police Chiefs and Executives: Setting Good Policy and Setting a Good
Example

Professional policing starts at the top of a law enforcement agency. It is the Chief’s
responsibility, ultimately, to establish and enforce unambiguous policies and procedures
that make clear that discriminatory policing will not be tolerated. In doing so, police
executives must be certain that their rank and file officers receive the training and day-today supervision they will need to achieve the highest standards of professionalism. In
implementing New Jersey’s statewide nondiscrimination policy, police executives must
embrace the need to support their officers, giving them the tools to succeed – and the tools
to avoid unnecessary law suits and citizen complaints.
In implementing and enforcing our State’s nondiscrimination policy, police executives
should not rely, of course, only on the threat of discipline. Rather, police executives should
create a professional and supportive work environment by using, as appropriate, nonpunitive means such as counseling and in-service training to prevent as well as to identify
and remediate problems before they might become a basis for legal or disciplinary action.
In recent years, many police departments throughout New Jersey and the rest of the
nation have begun to collect more detailed statistics about how their officers interact with
persons of different races and ethnicities. Police executives can then use this data to
monitor their department’s performance and to identify potential problems. For this system
to work, police departments must be certain to record enough information to be able to
“control” for certain so-called “spurious” or “intervening” variables, that is, environmental
factors that might cause, or at least explain, differences in the way people of various racial
or ethnic backgrounds are being treated.
For example, an officer or group of officers who are assigned to patrol a particular
neighborhood are obviously most likely to encounter persons who reside or work in that
area. Accordingly, the stop, frisk, search and arrest statistics for these officers are likely
to reflect the racial, ethnic and socio-economic characteristics of that particular area
constituting their primary patrol zone. If the demographic features of that zone are different
from the demographic characteristics of the remainder of the police department’s
jurisdiction (e.g., if a particular zone is comprised predominantly of minority citizens
whereas the town as a whole is not), then one would expect officers who spend most of
their time and enforcement efforts in that zone would make stops, frisks, arrests and
searches of a greater percentage of minority citizens than would be true for officers in the
same Department who are assigned to patrol other areas in the town that have a different
racial or ethnic composition. In other words, the proper “benchmark” for reviewing the
statistics generated by officers operating in a particular patrol zone is the racial or ethnic
composition of that specific area.

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As we considered in Unit 16, it is not always easy to figure exactly what is the
appropriate “benchmark” to use when comparing data about observed police conduct with
expected police conduct. Experts do not always agree on how to measure the
demographic characteristics of those citizens who police officers on various types of duty
assignments are most likely to encounter, that is, those citizens who, by virtue of their own
conduct or other circumstances beyond an officer’s control, are at greatest risk of attracting
the attention of and interacting with police officers who are lawfully performing their
assigned duties.
The key point for our present discussion is that any agency that decides to collect
these kinds of statistics must be certain to employ sensitive enough measures to be able
to account for (or “statistically control for”) such factors as type of duty assignment, day of
week and time of day (the demographic composition of persons who police are likely to
encounter on the street may vary by time of day), and specific locations where the
encounters took place.
We must also recognize that keeping statistics is only one step in addressing the
racial profiling controversy. A department that keeps accurate statistics of critical events
such as stops, frisks, arrests and consent searches must make certain that it also takes
steps to ensure the consistent high quality of its report writing practices. This is critically
important because, as we have seen, it may be necessary to review police reports to glean
legitimate, race-neutral explanations in the event that a statistical anomaly arises. Police
supervisors and managers should never rely solely on statistics, and they will need to
conduct a further investigation on a case-by-case or report-by-report basis to determine
whether, in fact, any statistical deviation was the result of impermissible discrimination.
There may well be innocent, non-discriminatory explanations for a statistical deviation, but
once any such statistical discrepancy arises, the State must be prepared to meet the
burden of production under the “burden shifting template” by producing credible evidence
of a race-neutral explanation.
In a closely related vein, police executives and supervisors must recognize that
collecting and reviewing statistics should not be used to reach final judgments about
particular officers or incidents. A statistically significant deviation from an expected result
or “benchmark” is only the beginning of the inquiry, not the end of the inquiry. Any such
deviation should be thought of only as a kind of “trigger” for closer scrutiny, and as part of
that scrutiny, executives and supervisors should always look to other sources of information
(including explanations provided by the officers involved), to corroborate or dispel any
inference of racially-influenced policing that might arise as a result of statistical analysis.
Finally, and perhaps most importantly, police departments and officers must avoid
relying on these kinds of statistics to the point that they start to exercise discretion “by the
numbers.” Always remember that the Equal Protection Clause requires equal treatment
of persons of all races and colors. Just as it is illegal for an officer to consider race or
ethnicity in deciding who to stop, question, frisk or search, so too it is illegal to consider

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race or ethnicity in deciding who not to stop, question, frisk or search. Officers who
consciously select non-minority citizens for a particular course of treatment in an effort to
“improve” their numbers (i.e., artificially achieve a representative cross-section of the
community so as to avoid supervisory scrutiny or Equal Protection claims) are just as guilty
of racially-influenced policing as if they had instead targeted minority citizens. Indeed, any
such deceptive and manipulative tactic would strike at the very heart of police integrity and
impartiality, and cannot and will not be tolerated.
17.2

Supervisors: The First Line of Defense Against Discriminatory Policing

Front line supervisors must play an especially important role in recognizing and
guarding against racially-influenced policing by their subordinates. Supervisors throughout
the chain of command must be held accountable for holding their supervisees accountable
for complying with our nondiscrimination policy and all constitutionally-based rules of police
conduct. One of the most significant contributions that supervisors can make is to carefully
review and critique police reports prepared by their supervisees, making certain that these
reports are thorough. Supervisors should take steps to ensure that any errors, gaps or
ambiguities are resolved before a draft report is approved and formally submitted.
Supervisors should place themselves in the shoes of a reviewing court, posing the
same kind of probing analytical questions that a prosecutor or reviewing court would ask
based on the information provided in the police report. Supervisors should anticipate when
a reviewing court is more likely to be skeptical or probing, and should then make certain
that the report adequately addresses the questions that a court would likely ask were this
case to result in Fourth or Fourteenth Amendment litigation.
If a supervisor cannot tell exactly what happened during the police-citizen encounter
by reading the report, then the supervisor must assume that a reviewing court would also
be in the dark, and would be forced to speculate as to the events that took place – a
situation that might not bode well for the State in litigation.
Supervisors should not assume that an officer at some future point will be able to
explain any gaps, deficiencies, discrepancies or ambiguities by means of oral testimony,
since, as we have seen, an inadequate report might lead to an unfavorable review by a
prosecutor, resulting in the downgrading, devaluation, or even outright dismissal of the case
so that the officer who wrote the report may never actually get an opportunity to provide
additional information by testifying in a court hearing.
The police report, in other words, is not just used to “refresh” an officer’s recollection
when the officer prepares to testify in court. Even more importantly, the report is used by
other actors in the criminal justice system to figure out what happened out on the street and
to gauge the strengths and weaknesses of the State’s case. The bottom line is that a
police report must speak for itself, and while it is the line officer’s responsibility in the first
place to draft a thorough and accurate report, it is the supervisor’s responsibility to make

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certain that that is done in every case.
When reviewing reports to look for the possibility of racially-influenced policing,
supervisors must always remember the critical principle that one need not be a racist to
engage in racial profiling. The fact that the supervisor knows his or her subordinate well,
and knows this officer to be a man or woman of integrity – one who would never
intentionally violate a citizen’s civil rights – does not end the supervisor’s inquiry.
Supervisors must be on the lookout for subtle or even unthinking examples of raciallyinfluenced policing.
Just as a good report spells out the facts constituting reasonable articulable
suspicion or probable cause necessary to justify a Fourth Amendment intrusion, that report
must likewise set forth the facts establishing a race-neutral explanation for the officer’s
exercise of discretion, especially in the kinds of circumstances we discussed in Unit 13
where reviewing courts are more likely to be skeptical of the way in which police exercise
discretion. Supervisors must always consider what would happen if an inference of
selective enforcement were to arise, thus triggering the “burden shifting template” adopted
by the New Jersey Supreme Court. If that is a realistic possibility, then the supervisor must
make certain that information documented in the report would satisfy the State’s “burden
of production.”

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UNIT 18: RACIALLY-INFLUENCED POLICING AFTER 9/11
No discussion of the racial profiling controversy would be complete without candidly
addressing the impact of the terrorist attack against our country on September 11, 2001,
the ongoing global war against terrorism and the military conflict in Iraq. Police officers in
New Jersey must continue to play a vital role in protecting our homeland. We nonetheless
need to carefully define the specific contributions that each law enforcement officer and
agency can make to our overriding goal of protecting our safety and security.
The most difficult question for the purposes of this course is whether and under what
circumstances a law enforcement officer in New Jersey may consider a person’s apparent
Middle Eastern ethnicity (or attire indicating the person’s Islamic religious beliefs) in drawing
inferences that that person might possibly be engaged in terrorist activities. In answering
this question, we must never lose sight of the critical fact that the percentage of persons
who reside in or travel through New Jersey who are of Middle Eastern ethnicity or who
practice the Islamic faith and who are actually affiliated with al-Qaida or any other terrorist
network is negligible.
18.1

The Basic Rule

Under our State nondiscrimination policy, a police officer may not consider a person’s
apparent Middle Eastern ethnicity, or attire suggesting a person’s Islamic faith, to any
degree in drawing an inference that the person may be engaged in terrorist or other criminal
activity or in deciding, for example, whether to initiate a consensual field inquiry or
investigative detention. In this limited setting, our rule may be stricter than the one
announced in June 2003 by the United States Attorney General for use by federal law
enforcement agencies.
Consistent with the general rule that we have discussed throughout this course, law
enforcement officers in this State must focus not on the person’s skin color, but instead must
focus on the person’s conduct and whether, for example, the person’s conduct is consistent
with the methods of operation of terrorists, or is otherwise suspicious.

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Furthermore, while manner of dress can in appropriate circumstances be considered
to be a form of conduct (i.e., when persons are “flying the colors” of a gang), in this context,
when manner of dress and personal appearance relates to an expression of a person’s
religious beliefs, the person’s attire may not be considered to any degree in drawing any
inferences of criminal activity (other than in the context of a “Be on the Lookout” situation
discussed in Unit 18.3). In other words, it is inappropriate and unlawful for a law
enforcement officer operating under the authority of the laws of this State to infer from a
person’s garb that he or she is a Muslim, and then to infer from that conclusion that the
person may be a fanatical terrorist poised to strike.
18.2

Behavioral (Race/Ethnicity-Neutral) Profiles or “Screening Systems” of
Possible Terrorists

While Attorney General Law Enforcement Directive 2005-1 prohibits police from
considering a person’s ethnicity or religious attire in drawing an inference that this person
is more likely than others to be engaged in terrorist activity, or is otherwise “suspicious,” it
is important to recall that it is perfectly legal and appropriate for law enforcement agencies
to develop behavioral “profiles” of persons engaged in various types of criminal activity,
including suicide bombings and other forms of terrorism, so long as those profiles do not rely
on racial or ethnic characteristics (or on religious attire or other symbols of religious faith or
expression). See Unit 6.1 (distinguishing “racial profiling” from legitimate, race-neutral
“profiling”). Legitimate counter-terrorism profiles and screening systems are designed to
identify persons who are at a heightened or elevated risk of being associated with potential
terrorist activity by focusing on conduct and race-neutral behavioral characteristics that have
been gleaned from a careful analysis of intelligence information.
As we considered in Unit 8.3 and in Unit 16.2 in our discussion of the use of statistics,
sometimes, a perfectly legitimate, race-neutral suspicion factor may happen to be
“correlated” to race or ethnicity for reasons (such as demographics) that are simply beyond
the control of law enforcement. To explain this point in the context of homeland security,
let us briefly consider two legitimate counter-terrorism-related factors or characteristics that
may coincidently be correlated to ethnicity, but that are actually “race-neutral” and so may
be taken into account by police officers in making threat assessments without violating our
nondiscrimination policy. Specifically, we will consider: (1) a person’s recent travels to and
from other nations, and (2) a person’s country of citizenship. (Note that the following
discussion is by no means intended to suggest that travel abroad and foreign citizenship
are especially important factors in gauging the risk that a person may be involved in terrorist
activity. These two examples are discussed only to show how ethnicity might be correlated
to characteristics that are actually “race neutral” and that may therefore be taken into
account by police without running afoul of our statewide nondiscrimination policy.)
Recall from our earlier discussion of legitimate, race-neutral “profiles” that travel to
and from a particular place is a form of conduct that may be considered in inferring whether
criminal activity is afoot. (For example, a legitimate drug courier profile may include a

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consideration of whether a person is traveling to or from a place where illicit drugs are
known to be produced or shipped -- a so-called “source” city.) Applying this same principle
to counter-terrorism efforts, if during the course of a lawfully initiated encounter an officer
were to learn that a person had recently traveled to or otherwise had contact with a nation
that is believed to sponsor terrorism, the officer may legitimately consider that race-neutral
fact in determining the likelihood that this individual may be engaged in terrorist activities.
Of course, like all generalized “profile” characteristics, travel abroad, considered in
isolation, would by no means establish reasonable articulable suspicion, much less probable
cause to believe that this person is in fact engaged in criminal activity. Note also that this
particular behavioral characteristic (recent travel to a specified foreign nation) could
coincidently be correlated to the person’s ethnic background. It is conceivable, for example,
that individuals who have recently traveled to or from a particular Middle Eastern nation
might tend to reflect the ethnic composition of that nation’s indigenous population. In this
instance, however, the police officer would be focusing solely on the person’s conduct
(travel abroad), and not on the person’s ethnicity.
By the same token, neither the Fourteenth Amendment Equal Protection Clause nor
Attorney General Law Enforcement Directive 2005-1 prohibit a police officer from
considering a person’s foreign citizenship. This is true even though foreign citizenship may
coincidently be correlated to race or ethnicity, since foreign nationals may tend to reflect the
racial or ethnic composition of their nation of citizenship. (While the United States is a true
“melting pot” comprised of innumerable cultures, races and ethnicities, some other nations
are far less diverse. Some nations, in other words, are far more homogeneous than
America with respect to the racial or ethnic composition of their indigenous population.)
For the purposes of our statewide nondiscrimination policy, a person’s alien
citizenship is legally and analytically distinct from the person’s ethnicity or “national origin”
(i.e., where the person’s ancestors were born). Being a citizen of another nation, unlike race
or ethnicity, is a legally cognizable status (such as whether the person is an adult, or is
licensed to operate a motor vehicle) that police in appropriate circumstances may consider
as part of their enforcement duties. See Farm Labor Organizing Committee v. Ohio State
Highway Patrol, 991 F. Supp. 895 (N.D. Ohio 1997) (any police officer whose duty is to
enforce criminal laws may enforce the criminal prohibitions of the federal Immigration and
Nationality Act and in some circumstances may therefore question motorists about their
alienage and immigration status). See also Muehler v. Mena, 125 S.Ct. 1465 (2005)
(Officers’ questioning of defendant about her immigration status did not constitute a Fourth
Amendment violation; in this case, the questioning did not extend the time she was detained
during the execution of a search warrant of the premises she happened to be in).
This by no means suggests that alien citizens do not have constitutional rights.
Indeed, the Fourth Amendment applies to all “persons” and draws no distinction at all
between United States citizens and citizens of other nations. Rather, it means that in certain
contexts, the government may treat its own citizens differently from noncitizens, requiring,

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for example, alien visitors and residents to comply with immigration laws and regulations
that simply have no applicability to United States citizens.
The bottom line for our purposes is that neither the Fourteenth Amendment Equal
Protection Clause nor Attorney General Law Enforcement Directive 2005-1 require police
officers to ignore a person’s citizenship or immigration status. In fact, in some instances,
police are expected to determine a person’s foreign citizenship. When foreign nationals are
arrested, for example, police officers in this country are required by international law and
treaty obligation to advise the arrestees of their right to have their consular office notified.
See Vienna Convention on Consular Relations (Approved 1963).
Of course, the fact that a person happens to be a citizen of a nation thought to
sponsor or harbor terrorists hardly establishes reasonable articulable suspicion of criminal
activity for purposes of the Fourth Amendment. The point, rather, is that government agents
are not prohibited by the Equal Protection Clause or our statewide nondiscrimination policy
from taking foreign citizenship into account as part of the “totality of the circumstances.”
In applying these general principles of relevance, police officers in this State must
always use caution and common sense, making certain that a person’s race or ethnicity
plays no part in the exercise of police discretion. Police officers, in other words, should
always take the time to carefully “line up the ducks” of their suspicions. (Recall from our
discussion of the gang problem in Unit 10 that timing and the sequencing of events and
inferences is often critical to the resolution of constitutional issues under both Fourth and
Fourteenth Amendment analysis.) By way of example, a law enforcement officer operating
under the laws of this State must not use an individual’s skin color or apparent ethnicity as
an indicia of suspiciousness and as the factual basis for first inquiring as to the person’s
citizenship or recent travels abroad. See Farm Labor Organizing Committee v. Ohio State
Highway Patrol, 95 F.Supp. 2d 723 (N.D. Ohio (2000), affirmed and remanded 308 F.3d 523
(6 Cir. 2002) (court found a prima facie case of racial discrimination based on evidence that
showed that Ohio troopers questioned Hispanic motorists, but not white motorists, about
their immigration status when they were pulled over for traffic violations).
It would be an inappropriate form of “bootstrapping” -- putting the cart in front of the
horse -- if an officer during a routine encounter such as a traffic stop were to consider a
person’s physical appearance (as opposed to the person’s conduct) as the basis for
launching what is, in effect, an ad hoc criminal investigation of possible terrorist activity.
That would be roughly akin to using an individual’s race or ethnicity to infer that he or she
is “out of place” in a particular neighborhood, leading to enhanced scrutiny and probing,
such as accusatorial questions that would not be posed if the individual were of a different
race or ethnicity. See Unit 11.1. (In essence, an officer in these circumstances would be
impermissibly using a person’s ethnicity as the predicate for inferring that the person may
be “up to no good,” and as the basis for investigating, not what the person is doing in this
particular neighborhood, but rather what the person is doing in this country.) See also Unit
15.1, where we considered why it would be inappropriate for the officers in one scenario to

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use the motorists’ race to infer that they were students at a particular college and thus “fit
the profile” of a drug purchaser.
Always remember that the ultimate test under Attorney General Law Enforcement
Directive 2005-1 is whether you would have taken the same investigatory or enforcement
actions if the person had been of a different ethnic background. If the answer to that
question is no, then the person’s ethnicity would have contributed to your decision-making
process in violation of our statewide nondiscrimination policy.
18.3

The B.O.L.O. Exception

As we have noted in Unit 9 and throughout this course, an officer during a lawful
encounter may take steps to determine whether a person is the subject of an outstanding
“Be on the Lookout” bulletin. Law enforcement officers should be aware that the F.B.I. has
compiled a list of persons who are thought to have information about terrorist activities. The
F.B.I. has asked to be notified whenever local police come across a person on this B.O.L.O.
list.
While the B.O.L.O.s issued by the F.B.I. refer to specific, named people, these alert
bulletins generally do not provide a sufficiently detailed physical description to allow an
officer on patrol to make a Fourth Amendment liberty intrusion, such as initiating or unduly
prolonging an investigative detention. However, a law enforcement officer in this State
during a lawfully initiated encounter may consider a person’s apparent Middle Eastern
ethnicity in determining whether or not the person may be one of the individuals listed in the
F.B.I. B.O.L.O. bulletins or in similar alerts issued by State or local authorities. Accordingly,
an officer during a lawfully initiated stop traffic may ask a passenger to identify himself or
herself so that the person’s name could be checked against the F.B.I. B.O.L.O. list, provided
that this process can be completed without unduly prolonging the duration of a routine motor
vehicle stop. See Unit 13.5.

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It should be noted that under New Jersey law, a person other than one who is
operating a motor vehicle is generally under no legal obligation to provide proof of
identification to a law enforcement officer, or even to provide his or her name upon request
or otherwise cooperate with an on-the-scene law enforcement investigation.
On June 21, 2004, a sharply divided United States Supreme Court ruled in a 5-4
decision in Hiibel v. Sixth Judicial Dist. Court of Nevada, 124 S.Ct. 2451 (2004), that the
officer’s request for identification during the course of a lawful “Terry” stop was reasonably
related to the circumstances justifying the stop, and thus the suspect’s arrest for failure to
comply with Nevada’s “stop and identify” law did not violate either the Fourth Amendment
or the Fifth Amendment right against self-incrimination. The Nevada statute expressly
requires persons who are lawfully detained as part of a “Terry” stop to disclose their names.
The United States Supreme Court ruling would seem to have little impact in New Jersey,
however, because we do not presently have a statute that creates what is essentially a legal
duty for a person who is the subject of an investigative detention (other than the operator
of a motor vehicle) to disclose his or her name upon request. Compare State v. Stampone,
341 N.J. Super. 247 (App. Div. 2001) (when an officer does not have reasonable articulable
suspicion of criminal conduct before approaching and questioning a person sitting in a car,
the person has the right to refuse and remains free to leave without showing identification.)
See also State v. Pineiro, 181 N.J. 13 (2004) (field inquiries are permissible so long as they
are not harassing, overbearing or accusatory in nature. This means that the person
approached in a field inquiry need not answer any question put to him, and the person may
decline to listen to the question at all and may go on his way).
It is important to remember that the so-called “B.O.L.O. exception” to the general rule
prohibiting any consideration of race or ethnicity is by no means limited to formal bulletins
or teletypes issued by the F.B.I. or any other federal, state, county or local law enforcement
agency. As we saw in Unit 9, the B.O.L.O. exception also applies with respect to
information provided to an officer, by any means, about a particular person who is suspected
of criminal activity. Thus, for example, if a private citizen were to report a “suspicious
person” to authorities, police officers are generally permitted, indeed depending on the
circumstances may well be required, to investigate that report and may rely upon a racial
or ethnic description of the person thought by the private citizen to be “suspicious” in
determining whether an individual in the responding officer’s view is the same person who
had been reported by the citizen-informant. Remember, however, that if it is readily
apparent that the citizen’s report is based entirely on the suspect’s ethnicity, and not at all
on the person’s suspicious conduct, then you may not give credence to the use of any such
ethnic stereotype.
Also remember that under the Fourth Amendment, the information provided by the
citizen may or may not justify a “seizure” (i.e., a “Terry” stop). That will depend upon a
number of fact-sensitive factors, including the specificity of the description, the citizeninformant’s basis for believing that this person may be involved in unlawful activity, and the
veracity or credibility of the informant-tipster. The key point to keep in mind is that the

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Fourteenth Amendment focuses on whether you are allowed to consider a fact (a person’s
race or ethnicity) at all. The Fourth Amendment is concerned with whether all of the known
facts (the “totality of the circumstances”) add up to satisfy the level of proof necessary to
justify a seizure or other police action that intrudes upon a Fourth Amendment liberty or
privacy interest.
It is also important to recall that the “B.O.L.O. exception” to the general rule
prohibiting police in this State from considering a person’s race or ethnicity is not limited to
specified persons who are criminal “suspects,” that is, persons who are believed to be
personally engaged in criminal activity. As we saw in Unit 9.1, police are allowed to follow
investigative “leads” and may therefore seek out and interview specified persons who may
have valuable information but who are not themselves suspected of any criminal activity.
It is interesting to note in this regard that many of the federal B.O.L.O. bulletins issued after
September 11, 2001, refer to persons who are thought to have information that might be
helpful to counter-terrorism authorities. These are individuals who the F.B.I. wants to
interview, but not necessarily detain or arrest. In fact, many if not most of these federal
B.O.L.O.s do not involve outstanding arrest warrants, and the federal bulletins caution
police not to make arrests based on such bulletins.
Finally, it is important to recognize that the “B.O.L.O. exception” need not be limited
to recognizing wanted persons in chance encounters out on the street. Law enforcement
authorities are, of course, allowed to pursue a B.O.L.O. bulletin by going to specific places
where the subject of the B.O.L.O. (whether a criminal suspect, possible witness, or victim)
is likely to be. For example, if federal law enforcement authorities want to go to the homes
or businesses of specified persons to interview them about any knowledge that they may
have about terrorist organizations or terrorist activities, police in New Jersey may
accompany federal authorities and may actively participate in any such investigative
activities without in any way violating our non-discrimination policy, even though these
specified persons to be interviewed may tend to be of a particular ethnicity. In these
circumstances, law enforcement officers are merely following “leads” that identify specific
individuals who are believed to have potentially useful information. See Unit 9.2.

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PART IV

SUMMING UP
UNIT 19: REVISITING THE VIDEO SCENARIO

We have covered a lot of ground in this course. It is now time to put the pieces of the
complex and intricate racial profiling puzzle together and apply some of the ideas and legal
concepts that we have discussed to a specific scenario – one that we have already
considered. Let us take a moment to revisit the script of a dramatized police encounter that
was produced by the Anti Defamation League.
***
Two Caucasian police officers are in a marked police vehicle patrolling a quiet
residential street. It is obviously an extremely affluent suburban neighborhood, as
evidenced by the large, well-maintained homes. There is no other traffic on the street. One
of the officers notices a red car parked at the curb. It is the only parked vehicle in sight.
There are two African-American males (as it turns out, father and adolescent son), sitting
in the vehicle. The following conversation between the officers ensues:
Officer #1:

“Quiet day, huh?”

Officer #2:

“Hey, did you notice that?”

Officer #1:

“What?”

Officer #2:

“Those two black guys in the Toyota?”

Officer #1:

“That’s unusual isn’t it?”

Officer #2:

“Sure is around here. I just want to check on the car just to be safe.”

Officer #1:

“You call it in and I’ll check it out.”

The police vehicle makes a U-turn and pulls up behind the parked Toyota. The
officers do not activate the police vehicle’s overhead or “wig-wag” lights. Officer #1 steps
out of the police vehicle and approaches the male sitting in the driver’s seat of the parked
Toyota. Officer #2 remains in the police vehicle. Officer #1 engages the person in the
driver’s seat (the father) in the following conversation:
Officer #1:

“Anything I can do for you guys?”

Father:

“No. That’s okay.”

Officer #1:

“Do you live around here?”

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Father:

“No we don’t.”

Officer #1:

“Would you please get out of the car?”

Father:

“Why?”

Officer #1:

“Please, get out of the car. Do you have some identification? Why are
you parked here?”

The father gets out of the vehicle and produces an operator’s license from his sports
jacket inside pocket. He provides the license to Officer #1.
Father:

“Look officer, my son and I are just waiting for someone. What’s the
problem?”

Officer #1:

“No problem.”

Officer #1 examines the license and looks at the driver, apparently to confirm that he
matches the information on the license. Officer #2 has now approached the Toyota after
having communicated with the police dispatcher.
Officer #2:
“The car is fine.”
Officer #1:

“Okay. Just a routine check.”

Father:

“Yeah, routine.”

Officer #2:

“What’s he getting upset about?”

Officer #1:

“I don’t know. No harm done.”

The two officers return to the police vehicle.
exasperation and says:

The son turns to his father in

Son:

“We should report them.”

Father:

“For what?”

Son:

“I don’t know.”

Father:

“Hey, forget it. It does make you mad though, doesn’t it. I guess they
just wanted to know why we were here.”

Son:

“I didn’t know we needed a reason.”

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The father appears to be mortified by the implications of his son’s last comment.
***
At the beginning of this course, when we first considered this scenario, you were
asked to consider whether this was an example of good police work, or an example of police
officers relying on racial stereotypes. Your personal opinion may or may not have changed
as a result of anything that we have discussed in this course. That is not important,
because there is not necessarily a right or wrong answer to the question whether this
scenario represents appropriate law enforcement conduct. The key is that you be able
to analyze or “break down” the scenario so that your opinion is a reasoned one.
In terms of legal analysis of this scenario, we need to consider first when under the
Fourth Amendment a “stop” was initiated. Pulling behind a vehicle that is already stopped
generally constitutes a mere “field inquiry,” rather than a “Terry” or “Prouse” stop. (Police
will sometimes describe this type of field inquiry as a “motorist aid” situation, or one that is
justified under the so-called “community caretaking function.” See, e.g., State v. Martinez,
260 N.J. Super. 75 (App. Div. 1992) (driving at a “snail’s pace” at 2:00 a.m. was “abnormal”
behavior that raised sufficient concerns to justify a stop)). Note that the officers did not
activate the police vehicle’s overhead or “wig-wag” lights. See also State v. Stampone, 341
N.J. Super. 247 (App. Div. 2001) (when police do not have reasonable articulable suspicion
of illegal conduct sufficient to initiate a “Terry” stop before approaching and questioning a
person sitting in a car, the person has the right to refuse to answer questions and remains
free to leave without showing identification.)
However, once the officer directed the person in the driver’s seat to step out of the
vehicle, it is conceivable if not likely that a reviewing court would say that the encounter had
escalated into an investigative detention. Arguably, many citizens in these circumstances
would believe that they would not be free to disregard the officer’s second “request” to step
out of the vehicle, and few citizens at this point would believe that they could simply drive
off leaving the officer behind. This would be especially true once the driver had turned over
his license to the officer pursuant to the officer’s command. See State v. Maryland, 167 N.J.
471 (2001) (courts in deciding whether an encounter is an investigative detention will
consider whether the officer has made any demands or issued orders). See also State v.
Stovall, 170 N.J. 346, 358 (2002) (although police officer framed his statement as a request
rather than a command, the Court found that defendant was not free to leave).
We need to ask, therefore, what was the legal basis for briefly detaining these
citizens? Was it unlawful for this vehicle to be parked in this location (which would constitute
an observed violation that by itself would justify an investigative detention) or, was there a
reasonable articulable suspicion to believe that these individuals were “casing” a house for
the purpose of committing a burglary, or were otherwise engaged in criminal activity? (We
simply do not know from the limited information presented in this scenario whether there had
been recent burglaries reported in the neighborhood? Nor do we know whether this vehicle

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been seen before at the time of a reported burglary, or whether the vehicle or occupants
matched the description of a B.O.L.O. bulletin.) In other words, was the situation so
abnormal as to raise legitimate concerns that would justify a brief detention?

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Even putting aside these important Fourth Amendment questions, recall that the
Equal Protection Clause of the Fourteenth Amendment applies to all police decisions, and
not just those that constitute a “seizure” under the Fourth Amendment. Thus, even if we
were to assume for purposes of discussion that the Fourth Amendment was never triggered
in this scenario, under a Fourteenth Amendment analysis, the reviewing court would still ask
whether the officer’s initial decision to turn the patrol car around and pull behind the parked
vehicle was based to any degree on race or ethnicity. (Remember, the Fourteenth
Amendment rules apply to all police-citizen encounters, including consensual “field inquiries”
and the decision to run a computer query)
As we considered in Unit 15, under the Fourth Amendment, the courts use a socalled “objective” test, meaning that they are generally not concerned with the police officer’s
purposes or motivations. Under the Fourteenth Amendment, however, the officer’s purpose
and mental processes are relevant and may be carefully scrutinized by a reviewing court to
make certain that race or ethnicity played no part in the officer’s decision-making processes.
The problem in reviewing this case (or any other case for that matter) is that we cannot be
absolutely certain from the text of this scenario what exactly the officers were thinking.
Rather, we have to try to deduce their reasoning process by looking at what they did and
said.
This scenario shows us quite clearly that even when the objective facts are known
– in other words, even when we know exactly what happened – the constitutional inquiry is
not over. When a Fourteenth Amendment claim is brought, a reviewing court may go
beyond an objective and detached “motion picture” review of the officer’s conduct (the action
and dialogue on the screen), and may probe the thought processes of the officers to
determine whether the officer’s judgment was influenced by some impermissible
consideration.
The key to resolving the Fourteenth Amendment question in this case will ultimately
depend upon the ability of these officers to articulate the reasons for their actions. In other
words, the officers should be prepared to answer probing questions about the reasons for
their decisions. In this scenario, the officers must be prepared to explain exactly what it was
that they observed that was suspicious or “unusual” so as warrant turning around, pulling
behind the parked vehicle, “running the plates” and engaging the occupants in conversation.
(By way of example, perhaps, given the nature of the street, it was unusual for anyone to
be sitting in a car parked along the curb at this time of day. In that event, it may have been
the citizen’s conduct (parking on this street) rather than their race that prompted the officers
to describe the situation as being “unusual.”)
Of course, the most important question that these officers must be prepared to
answer is whether they would have done the same thing if the two persons observed in the
parked vehicle had not been minority citizens. When one of the officers said to his partner,
“did you notice the two black guys in the Toyota,” was he merely describing the two people
in the vehicle, or was it their skin color that had really attracted attention and was the basis

-131-

for suspicion? In other words, would the situation have been suspicious or, to use officer’s
own characterization, “unusual . . . around here,” had two white males been sitting in a
parked car at this exact location on this particular street at this time of day? Remember that
the cardinal principle undergirding all Fourteenth Amendment analysis is that persons may
not be treated differently by police on account of their race or ethnicity.
Always remember, moreover, that if a reviewing court were to review this scenario
and were to draw an inference that race had played a part in the way this encounter
unfolded, then the “burden of production” would shift to the officers to establish a raceneutral explanation for their decision to turn around, to pull behind the parked vehicle, to “run
the plates” of the vehicle, to order the person in the driver’s seat to step out of the vehicle
and to order that person to produce proof of identification. As was made clear by our
Supreme Court in State v. Segars, once an inference of racially-influenced policing can be
drawn, reviewing courts will not speculate as to the legitimate reasons for police conduct;
rather, it will be our responsibility to come forward with those legitimate reasons.
Finally, however one interprets the propriety of the police conduct described in this
scenario, and however one gauges the likelihood that a reviewing court might condemn this
encounter as an example of racial targeting, you must recognize the importance of
perceptions and the fact that different people reviewing the same events can come to
different conclusions as to the officers’ actual motivations for initiating this encounter. Police
officers in New Jersey must understand that minority citizens experiencing this situation
might become frustrated, angry, and mistrustful of law enforcement. In this vignette, the
African-American father and his son obviously believed that they had been singled out for
police scrutiny on the basis of their race and because the officers assumed that they had
no legitimate business being in this affluent neighborhood. The father was no doubt
humiliated by the fact that this demeaning encounter took place in the presence of his
adolescent son.
The officers during the encounter, meanwhile, did nothing to dispel any such
perception and treated the whole affair as a rather trivial or “routine” incident, unaware that
the way they conducted this encounter would likely leave a lasting impression on these two
citizens. The officers certainly did not explain to the citizens why they had been approached
and why the older man had been ordered out of the car. Always remember that courtesy
and demeanor are the hallmarks of a law enforcement professionalism. Perhaps the
officers in this particular dramatization were trained that they do not have to have, or give,
a reason for this exercise of police authority, and they may earnestly have believed that
these citizens were simply not entitled to an explanation. But by not perceiving and defusing
the perception of selective enforcement, these officers may have needlessly exposed
themselves to the possibility that these citizens might file a complaint against them.
As you perform your duties as a peace officer, you must always remember that no
one likes to be falsely accused of wrongdoing, or to be treated like a “suspect” when there
is no objective reason to justify such derisive treatment. This is especially true when a
person believes that he or she was singled out for suspicion based on broad-brushed group

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characteristics. The feelings of resentment and hostility that arise in this kind of situation
are certainly not ameliorated merely because the person winds up not being formally
charged with an offense or violation. (Being charged would only add injury to insult.)
If you doubt how human beings react to being implicitly accused of wrongdoing,
consider the following scenario. You are off duty and you are proudly wearing a tee shirt
that bears the name and logo of your agency. You are with your family in a shopping mall.
Someone comes up to you, looks at your shirt and asks you, “Hey, are you one of those
racial profilers?”

-133-

You would have every reason to be disturbed by the accusatorial nature of the
citizen’s question, since it implies that you and your department have engaged in police
misconduct. While you would no doubt respond to this situation in a professional manner,
you would not come away from that encounter with a favorable impression of that citizen,
who had essentially challenged your integrity and ethics and embarrassed you in the
presence of your family.
As it turns out, cops don’t like to be “profiled” (to use the vernacular) any more than
private citizens do. The bottom line is that law abiding people are rightfully upset and
resentful when they are treated under suspicion for wrongdoing on the basis of the color of
their skin, or the color of their uniforms.

MARK P. DENBEAUX
Seton Hall University School of Law
One Newark Center
Newark, New Jersey 07102-5210
Telephone: (973) 642-8822 Fax: (973) 642-8194
mark.denbeaux@shu.edu
EMPLOYMENT
Seton Hall University School of Law, Newark, New Jersey
1972-Present
Professor of Law
2006-Present
Founder and Director – Center for Policy and Research
Teaching
Evidence, Remedies, Uniform Commercial Code, Contracts, Professional Responsibility,
Federal Civil Procedure, Criminal Law, Torts, and Constitutional Law
Community Action for Legal Services
1970-1972
Senior Attorney supervising city-wide litigation
South Bronx Legal Services
1968-1970
Staff Attorney

EDUCATION
1968
1965

J.D., New York University School of Law, New York, New York
B.A., College of Wooster, Wooster, Ohio

MEMBERSHIPS
New Jersey Bar (State and Federal)
New York Bar (State and Federal)
New Jersey Bar Association
American Bar Association

MISCELLANEOUS
Member, Board of Directors, New York City Legal Services (CALS), 1972-1987
Chair, Board of Directors, Community Action for Legal Services, New York, NY, 1983-1987
Affiliated Scholar, American Bar Foundation, Chicago, Illinois, 1974-1978
Elected Member, American Law Institute, 1978
London School of Economics, Studied Legal History, Jurisprudence and Remedies
(Sabbatical 1978-1979)
Acting Project Director, Bronx Legal Services Corporation, March-September 1978

PUBLICATIONS
Books
The Guantanamo Lawyers: Inside a Prison Outside the Law, in Amazon/NYU Press (2009).
(Edited with Jonathan Hafetz)
New Jersey Evidentiary Foundations, Denbeaux, Arseneault and Imwinkelried, The Michie
Company, 1995.
Trial Evidence, (with D. Michael Risinger), 1052 pp. I.C.L.E., 1978.
Articles
The Attorney-Client Relationship in Guantanamo Bay (with Boyd-Nafsta) 30 FORDHAM INT’L L.
J. 491 (2007).
Kumho Tire and Expert Reliability: How the Question You Ask Gives the Answer You Get, (with
Risinger) 34 SETON HALL L. REV. 15 (2003).
Brave New ‘Post-Daubert World’: A Reply to Professor Moenssens, (with Risinger and Saks) 29
SETON HALL L. REV. 405 (1998).
Exorcism of Ignorance as a Proxy for Rational Knowledge: The Lessons of Handwriting
Identification ‘Expertise’, (with Risinger & Saks), U. OF PA. L. REV. (JAN. 1989).
The First Word of the First Amendment, NW. U. L. REV., P.1156 (SPRING 1988).
Questioning Questions: Problems of Form in the Interrogation of Witness, (with Risinger) 33
ARKANSAS L. REV. 439 (1980).
Restitution and Mass Actions: A Solution to the Problems of Class Actions, 10 SETON HALL L.
REV. 273 (1979).
Trust, Cynicism, and Machiavellianism Among First Year Law Students, 53 J. OF URBAN L. 397
(1976).
PUBLICATIONS: CENTER FOR POLICY & RESEARCH
Report on Guantanamo Detainees: A Profile of 517 Detainees through Analysis of Department
of Defense Data, (Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana
Edwards, Shane Hartman, Daniel Mann and Helen Skinner)
Profile of Released Guantanamo Detainees: The Government's Story Then and Now, (Joshua
Denbeaux, R. David Gratz, Co-Authors & Research Fellows: Adam Deutsch, James Hlavenka,
Gabrielle Hughes, Brianna Kostecka, Michael Patterson, Paul Taylor, Anthony Torntore)

No-Hearing Hearings CSRT: The Modern Habeas Corpus? An Analysis of the Proceeding of the
Government's Combatant Status Review Tribunals at Guantanamo, (November 2006) (Joshua
Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman,
Daniel Mann, Megan Sassaman and Helen Skinner)
Torture: Who Knew An Analysis of the FBI Department of Defense Reactions to Harsh
Interrogation Methods at Guantanamo, (April 2009) (Joshua Denbeaux, R. David Gratz. With
Megan Sassaman, Daniel Mann, Mathew Darby, Michael Ricciardelli, Jennifer Ellick, Grace
Brown, Jillian Camarote, Douglas Eadie, Daniel Lorenzo, Mark Muoio, Courntey Ray)
The Meaning of "Battlefield" An Analysis of the Government's Representations of "Battlefield
Capture and "Recidivism" of the Guantanamo Detainees, (December 2007) (Joshua Denbeaux,
R. David Gratz, Co-Authors & Research Fellows: Grace Brown, Jullian Camarote, Douglas
Eadie, Jennifer Ellick, Daniel Lorenzo, Mark Muoio, Courtney Ray and Nebroisa Zlatanovic)
Justice Scalia, the Department of Defense, And the Perpetuation of an Urban Legend: The Truth
About the Alleged Recidivism of Released Guantanamo Detainees, (June 2008) (Joshua
Denbeaux, R. David Gratz, Co-Authors & Research Fellows: Daniel Lorenzo, Mark Muoio,
Grace Brown, Jennifer Ellick, Jullian Camarote, Douglas Eadie, and Paul Taylor)
Released Guantanamo Detainees of the Department of Defense: Propaganda by the Numbers?,
(January 2009) (Joshua Denbeaux, R. David Gratz. Co-Authors & Research Fellows: Daniel
Lorenzo, Mark Muoio, Grace Brown, Jullian Camarote, Douglas Eadie, Jennifer Ellick, Paul
Taylor, Adam Deutsch, Michael Patterson, Gabrielle Hughes and Michelle Fish)
Revisionist Recidivism: A New Analysis of the Government's Representations of Alleged
"Recidivism" of the Guantanamo Detainees, (June 2009)
June 10th Suicides at Guantanamo: Government Words and Deeds Compared, (August 2006)
(Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane
Hartman, Daniel Mann, Megan Sassaman and Helen Skinner)
Death in Camp Delta, (December 2009) (Co-Authors & Research Fellows: Brian Beroth, Scott
Buerkle, Sean Camoni, Meghan Chrisner, Adam Deutsch, Jesse Dresser, Doug Eadie, Michelle
Fish, Marissa Litwin, Michael McDonough, Michael Patterson, Shannon Sterrit, Kelli Stout,
Paul Taylor)
DOD Contradicts DOD: An Analysis of the Response to Death in Camp Delta, (February 2010)
(Co-Authors & Research Fellows: Brian Beroth, Scott Buerkle, Sean Camoni, Meghan Chrisner,
Adam Deutsch, Jesse Dresser, Michelle Fish, Marissa Litwin, Michael McDonough, Michael
Patterson, Shannon Sterritt, Kelli Stout, Paul Taylor)
The Guantanamo Detainees During Detention: Data From Department of Defense Records,
(July 2006) (Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards,
Shane Hartman, Daniel Mann, Megan Sassaman, Helen Skinner)

Captured On Tape: Interrogation and Videotaping of Detainees in Guantanamo, (February
2008) (Joshua Denbeaux, R. David Gratz, Jennifer Ellick, Michael Ricciardelli, Matthew Darby)
The 14 Myths of Guantanamo: Senate Armed Services Committee Statement of Mark P.
Denbeaux, (April 2007)
Second Report on the Guantanamo Detainees: Inter- and Intra-Departmental Disagreements
About Who Is Our Enemy, (Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby,
Shana Edwards, Shane Hartman, Daniel Mann and Helen Skinner)

SPONSORED RESEARCH
American Bar Foundation–Recipient of a grant, with Professor Alan Katz of Fairfield
University, Fairfield, Connecticut, to conduct a longitudinal study on law student attitudes
toward politics, law and legal education, 1974-78.
Alteration or Elaboration: Does Law School Instill Cynicism? (with Alan Katz), National
Conferences on Teaching Professional Responsibility, Detroit, Michigan, September 1977.

TESTIMONY AND LECTURES
Congressional Testimony
Senate Armed Forces Committee, The 14 Myths of Guantánamo, April 26, 2007.
Senate Judiciary Committee, The Meaning of ‘Battlefield:’ An Analysis of the Government’s
Representations of ‘Battlefield Capture’ and ‘Recidivism’ of the Guantánamo Detainees,
December, 10, 2007.
Senate Judiciary Committee, 2008.
House Foreign Relations Committee, Guantánamo: The Cost of Replacing Legal Process with
Politics Incompetence and Injustice and the Threat to National Security, May 20, 2008.
House Armed Services Committee, 2007.
Expert Testimony
Retained as an expert in a variety of jurisdictions and testified as an expert on the limitations of
questioning, document examiners including the defects in their methodology and the unreliability
of their underlying opinions. Testified as an expert in the following jurisdictions:
Federal Courts
Third Circuit Court of Appeals
United States District Court, Boston, Massachusetts
United States District Court, Northern District of California (San Francisco Division)
United States District Court, Middle District of Florida (Orlando Division)
United States District Court, Northern District of Georgia (Atlanta Division)

United States District Court, Southern District of New York
United States District Court, Western District of New York
United States District Court, Eastern District of Pennsylvania (Eastern Division)
United States District Court, Western District of Pennsylvania
United States District Court, Colorado
State Courts
California
Florida
Louisiana
New Jersey
New York
South Carolina
Tennessee
Texas

LECTURES
Professional Lecturer, New Jersey Judicial College
Lecturer, New Jersey Institute of Continuing Legal Education
Trial Advocacy Skills Instructor, National Legal Services Corp.
Trial Advocacy Skills Instructor, New Jersey Trial Lawyers Association
Practicing Law Institute (PLI)
Fairfield University, Fall Lecture Series– "Legal Equality in a Society of Unequals" 1994
NACDL, Questioning Questioned Documents Examiners: Monterey, California, 1986
Problems of Expert Opinion Testimony, New Jersey Institute of Continuing Education, November 1995
American Academy of Forensic Sciences, Questioned Documents Section, Panel Discussion, Nashville,
Tennessee, February, 1996
The University of Texas School of Law
University of Cincinnati College of Law
Roger Williams University School of Law
Suffolk University School of Law
Western State University College of Law
Yale Law School
Rutgers Law School
The University of Arizona James E. Rogers College of Law
Whitman College
Benjamin N. Cardozo School of Law

ADMINISTRATIVE PROCEEDINGS
New York City Police Department hearings

RABBINICAL COURT
Beth Din, Los Angeles, California

ERADICATING RACIAL PROFILING:
PRACTICAL GUIDANCE ON HOW POLICE
DEPARTMENTS AND OFFICERS CAN PREVENT
RACIALLY-INFLUENCED POLICING

SKILLS ASSESSMENT
June 2005
by Ron Susswein
Assistant Attorney General
Deputy Director, Major Crimes
Division of Criminal Justice

SKILLS ASSESSMENT
The following skills assessment is designed to test your
knowledge of constitutional law and New Jersey’s statewide policy
prohibiting discriminatory policing. It is also designed to test your
ability to apply your knowledge to various factual situations that law
enforcement officers may encounter in the performance of their duties.

The skills assessment consists of three parts. Part I is a series
of true/false questions that will examine your knowledge of specific
legal or policy principles.
Part II of the skills assessment is more challenging. It consists
of a series of factual scenarios that raise difficult, complex and subtle
issues concerning the practice of racially-influenced policing.
Part III contains the answer key to the true/false questions in
Part I (with detailed explanations), and a discussion of the issues
raised by the factual scenarios in Part II.

Table of Contents
Part I

True/False Questions . . . . . . . . . . . . . . . . Pages

1-7

Part II

Factual Scenarios . . . . . . . . . . . . . . . . . . . Pages

8-30

Part III

True/False Questions Answer Key . . . . . . . Pages 31-46
Analytical Discussion of Factual Scenarios

-i-

Pages 47-71

PART I
TRUE/FALSE QUESTIONS

SKILLS ASSESSMENT “TRUE/FALSE” QUESTIONS
1. The New Jersey Supreme Court will sometimes interpret the State
Constitution to impose stricter limitations on the exercise of police
discretion than are imposed under the United States Constitution as
interpreted by Federal courts. (True) (False)
2. Under Attorney General Law Enforcement Directive 2005-1, one of
the critical questions that a police officer must be prepared to answer
is whether he or she would have made the same decision, or drawn
the same inference, if the defendant had been of a different race or
ethnicity. (True) (False)
3. Courts automatically suppress evidence whenever officers rely on
“hunches.” (True) (False)
4. During a routine motor vehicle stop, a police officer in New Jersey
is not permitted to ask a motorist for permission to conduct a consent
search unless the officer has a reasonable articulable suspicion to
believe that the consent search would reveal evidence of criminal
activity. (True) (False)
5. When making decisions about how to deal with a citizen, a police
officer should generally focus on the person’s conduct, rather than on
physical characteristics such as skin color. (True) (False)
6. A legitimate “profile” focuses on the modus operandi or “methods
of operation” of criminals, rather than on the race or ethnicity of
individuals. (True) (False)
7. The Fourteenth Amendment Equal Protection Clause only applies
to police actions that constitute a significant intrusion on a citizen’s
liberty or privacy interests. (True) (False)
8. You are allowed to consider a person’s race or ethnicity in drawing
-1-

inferences of criminal activity so long as you can point to reliable
statistics that show that persons of a given race or ethnicity are more
likely than others to be arrested or convicted for certain specific
crimes. (True) (False)

-2-

9. It is an absolute defense to a claim of racial profiling that the police
officer is not a racist. (True) (False)
10. In appropriate circumstances, an officer can consider if a person
seems to be “out of place” (i.e., is not a resident of a particular area or
neighborhood), so long as the officer does not rely on the person’s
race or ethnicity to reach that conclusion or to draw an inference that
the person is “up to no good.” (True) (False)
11. Because the United States Constitution always takes precedence
over a state statute, every violation of the Fourteenth Amendment
Equal Protection Clause automatically constitutes a violation of the
new crime of “official deprivation of civil rights.” (True) (False)
12. The Fourth Amendment prohibits police from “running the plates”
of a vehicle unless an officer has already observed a motor vehicle
violation, or has some objective reason to believe that this particular
vehicle may be stolen, or that the driver of this particular vehicle is on
the “revoked” list. (True) (False)
13. Because racial profiling is a kind of “prejudice” (“pre judging”
persons based on the color of their skin), a minority police officer
cannot be guilty of racially-influenced policing when dealing with a
minority citizen. (True) (False)
14. In a motion to suppress involving a Fourteenth Amendment
Equal Protection claim, statistics are generally irrelevant and will not
be considered by the reviewing court. (True) (False)
15. Under our statewide non-discrimination policy, you would be
permitted to consider a minority motorist’s race or ethnicity when
deciding whether to “run the plates” of the vehicle in which he or she
is driving if arrest or conviction statistics were to show that minority
citizens are more likely to be driving stolen vehicles than nonminority
citizens. (True) (False)
-3-

16. If a defendant in a motion to suppress evidence were to establish
an inference of racial targeting, the State would be required to come
forward with a race-neutral explanation. (True) (False)
17. You are permitted to “run the plates” of a vehicle based on
nothing more than a “hunch,” so long as race or ethnicity plays no
part in your decision. (True) (False)
18. Under New Jersey law, the Fourth Amendment prohibits unlawful
police conduct, not improper thoughts. (True) (False)
19. A police officer may draw an inference of criminality and initiate
a consensual “field inquiry” based in part on the race or ethnicity of
a citizen, so long as the officer makes it absolutely clear to that person
that he or she is free to walk away. (True) (False)
20. If a police officer intrudes on a Fourth Amendment right without
first obtaining a warrant from a judge, the burden of proof in the
motion to suppress is on the State to show that the officer’s conduct
was lawful. (True) (False)
21. All “pretext” stops (when you have an ulterior reason for making
the stop) are automatically illegal. (True) (False)
22. Under the Fourth Amendment, an officer is permitted to approach
a citizen and engage that citizen in polite conversation (a “field
inquiry”) only when the officer has a reasonable articulable suspicion
to believe that this person is engaged in criminal activity. (True)
(False)
23. While you cannot use race or ethnicity to decide who to “stop,”
you are permitted to consider race or ethnicity in drawing inferences
of criminality after a lawful stop has already been initiated. (True)
(False)

-4-

24. You are authorized to “frisk” a person for illicit drugs provided
that you have a reasonable articulable suspicion to believe that the
person is carrying concealed drugs. (True) (False)
25. The act of approaching an individual under circumstances where
the individual would reasonably believe that he or she is free to walk
away constitutes a “seizure” for purposes of the Fourth Amendment.
(True) (False)

-5-

26. During the course of a routine traffic stop, you may always
consider a person’s race or ethnicity in deciding whether it is a
prudent precaution to run a criminal history lookup or warrant check.
(True) (False)
27.
In a motion to suppress involving a traditional Fourth
Amendment search and seizure issue, statistics are generally
irrelevant and will not be considered by the reviewing court. (True)
(False)
28. The gang problem has gotten worse in recent years in New Jersey.
(True) (False)
29. All forms of “profiling” are illegal. (True)

(False)

30. The only purpose of a police report is to refresh your recollection
when you eventually testify at trial or in a motion to suppress
evidence. (True) (False)
31. In some circumstances, a court can draw an inference of
impermissible selective enforcement from the fact that an officer’s
testimony was shown to be inaccurate. (True) (False)
32. When a person’s conduct matches a race-neutral “profile” of
criminal activity, that fact may be considered as part the “totality of
the circumstances,” but is usually not enough by itself to authorize a
“seizure” of the person. (True) (False)
33. You are permitted to consider a person’s race or ethnicity when
determining whether that person matches the description in a “Be on
the Lookout” (B.O.L.O.) bulletin. (True) (False)
34. In deciding whether something is “suspicious,” you are permitted
to consider a person’s race or ethnicity as long as that is not the sole
factor that you rely upon in drawing an inference of criminality.
(True) (False)
-6-

35. Because all traffic stops are potentially dangerous, a police officer
in New Jersey is permitted to routinely frisk a detained motorist, so
long as the officer does not rely on the person’s race or ethnicity to
make that decision. (True) (False)
36. The Fourteenth Amendment Equal Protection Clause cannot be
violated unless you have directly caused harm by subjecting a citizen
to either a search or a custodial arrest. (True) (False)
37. To avoid even the possibility of being accused of racial profiling,
the better practice is to leave a suspect’s race or ethnicity out of the
description that is broadcast in a “Be on the Lookout” bulletin. (True)
(False)
38. There are times when you may use an observed minor motor
vehicle violation as a “pretext” (ulterior reason) to stop a vehicle to
investigate possible criminal activity, so long as your ulterior motive
is not itself illegal. (True) (False)
39. Suspected membership in a violent street gang is a factor that an
officer may consider as part of the “totality of the circumstances” in
deciding whether to initiate a Terry stop or a Terry frisk. (True)
(False)
40. When reviewing a Fourteenth Amendment claim, a court in a
motion to suppress may examine the thought processes and
motivations of the officer to see whether the officer relied on an
impermissible factor, such as race or ethnicity. (True) (False)
41. Because auto theft is a serious problem in this State, police
officers are always allowed to pull a vehicle over whenever the driver
does not seem to “fit” the vehicle that he or she is driving. (True)
(False)
42. If you were to pose an “accusatorial” question to a citizen (one
that presupposes criminal activity, such as “are you carrying any
drugs?”), you must always first read Miranda warnings to the person.
-7-

(True)

(False)

43. Reviewing courts are more likely to be skeptical and probing of a
police officer when the officer chooses to extend the duration of a
routine motor vehicle stop by posing questions to see if the motorist
might possibly be engaged in criminal activity. (True) (False)

-8-

44. You are always permitted to ask a motorist to waive his or her
Fourth Amendment rights by granting permission to conduct a
consent search, so long as your decision to ask for permission to
conduct the search is not based to any degree on the motorist’s race
or ethnicity. (True) (False)
45. When reviewing a Fourth Amendment claim, the court in a
motion to suppress will closely examine the subjective thought
processes and motivations of the police officer. (True) (False)
46. When an officer relies on a “hunch,” a reviewing court may be
more skeptical and may be more likely to question whether that
hunch had been based on a racial or ethnic stereotype. (True)
(False)
47. When a prosecutor reviews or “screens” a case, he or she will
consider the likelihood that this case may raise a Fourth or
Fourteenth Amendment issue.
(True) (False)
48. In some circumstances, a court may conclude that posing an
“accusatorial” question to a citizen (one that presupposes criminal
activity, such as “are you carrying any drugs?”) can convert a
consensual “field inquiry” into a “Terry stop.”
(True) (False)
49. Because gangs may be comprised of persons of a particular racial
or ethnic type, you are always permitted to consider a person’s race
in determining the likelihood that that person is a member of a gang.
(True) (False)
50. Because you are always authorized to order the driver of a
lawfully stopped vehicle to step out, you can consider absolutely any
factor you want to in deciding whether to actually order a driver to exit
the vehicle. (True) (False)
-9-

51. Under the Fourth Amendment, you are allowed to stop a car for
going just a couple of miles per hour over the posted speed limit, but
a reviewing court in these circumstances may be more likely to
question why this particular vehicle was selected. (True) (False)
52. It is generally a good idea to treat persons stopped for routine
motor vehicle violations as if they were criminal suspects, since its
better to be safe than sorry. (True) (False)
53. A police officer only commits a violation of the new crime of
“official deprivation of civil rights” if the officer acts with the purpose
to discriminate or intimidate, and the officer knows and that his or her
conduct is unlawful. (True) (False)
54. The “B.O.L.O. Exception” to the general rule prohibiting police in
this State from considering a person’s race or ethnicity only applies
when the bulletin has been approved by a superior and is broadcast
over the radio or in an Amber Alert. (True) (False)
55. Because courts will strictly scrutinize police conduct any time
that a persons’ race or ethnicity is even mentioned, the “B.O.L.O
Exception” only applies with respect to wanted persons who are
suspected of committing serious indictable crimes (second degree or
higher), or who are subject to an outstanding arrest warrant issued by
a judge. (True) (False)

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PART II
FACTUAL SCENARIOS
#1

Watching Out for Stolen Vehicles:
The Luxury Sedan
11-13

Pages

#2

Protecting Critical Infrastructure: The Citizen “Tip” Pages
14-16

#3

Train Station Interdiction
Pages 17-18

#4

Road Stop En Route to the Open Air Drug Market
19-20

Pages

#5

Pedestrian Encounter in the Town Square
21-22

Pages

#6

Drive-by Shooting Investigation
23-25

Pages

#7

Residential Burglary Investigation
26-28

Pages

#8

Scrutinizing and Intercepting Vehicles Coming
From the “Source” City
29-30

Pages

SKILLS ASSESSMENT FACTUAL SCENARIOS
When reviewing the law enforcement conduct described in the
following scenarios, you should put yourself in the shoes of a
supervisor, whose task is to determine whether the law enforcement
conduct is appropriate. In making that determination, you should ask
yourself the following questions:
1. Did the law enforcement officers comply at all times with the
requirements of the Fourth Amendment and its State Constitutional
counterpart (the law governing arrests, searches and seizures)?
2. Did the law enforcement officers comply at all times with the
Fourteenth Amendment Equal Protection Clause and New Jersey’s
policy prohibiting discriminatory policing? In answering this question,
you should consider the following:
a. Did the officers rely upon a person’s race or ethnicity as
a factor in making decisions or drawing inferences of criminality, and
is it reasonable to infer that the officers would have handled the
situation differently if the citizens had been of a different race or
ethnicity? If race or ethnicity did contribute to the officers’ decisionmaking process, did this consideration of race or ethnicity fall within
the B.O.L.O. (Be on the Lookout) exception to the general rule that
prohibits law enforcement officers in this State from considering a
person’s race or ethnicity as a factor in exercising police discretion?
b. If the scenario were to be reviewed by a court, what is
the likelihood that the reviewing court would conclude that the
“burden of production” has shifted to the State to provide a raceneutral explanation for the exercise of police discretion?
c. If the “burden of production” does shift to the State, how
would the officers meet that burden?

-11-

d. Do you require any additional facts or information to
answer any of the foregoing questions? If so, what specific questions
would you pose to the officers?
e. If you were one of the officers described in the scenario,
how would you document the facts necessary to establish that you
had not relied impermissibly upon a person’s race or ethnicity in
drawing inferences of criminality or in exercising police discretion?
It should be noted that many of these scenarios stop abruptly
in the middle of an ongoing police-citizen encounter. We therefore do
not know whether those encounters eventually led to an arrest or a
search that revealed physical evidence of criminal activity. This is by
design. In the real world, of course, a court would have no
opportunity to review police conduct in a motion to suppress unless
some evidence was actually seized or a criminal prosecution was
brought. Law enforcement officers must recognize, however, that their
conduct may be subject to review even when there is no criminal
prosecution. This review of police discretion may occur in the context
of a civil lawsuit claiming discrimination, or in the context of an
internal investigation based on a citizen complaint.
The key point to understand is that when you are in the field
making decisions, you can never know whether your conduct might
become the subject of judicial or supervisory scrutiny. For this
reason, you must always be cognizant of the limitations imposed by
the Constitution on the exercise of police discretion, and you must
always be thinking about what you are doing and why exactly you are
doing it.
It is especially important for all supervisors throughout the chain
of command to understand that they are responsible for identifying
and remediating unconstitutional or problematic police conduct,
whether or not that conduct resulted in an arrest or seizure. Law
enforcement officers in this State must never embrace a “no harm, no
-12-

foul” approach to constitutional violations based on the fact that the
citizen whose rights were violated was not arrested or prosecuted.
By the same token, when it turns out that evidence is discovered
and seized, police officers must never try to rationalize a constitutional
violation by arguing that the ends (taking contraband “off the streets”)
somehow justified the means (an illegal arrest or search). That sort
of overzealous, reckless approach to constitutional law would only
prompt reviewing courts to become even more skeptical of law
enforcement, and would provide both an incentive and opportunity for
courts to impose even tighter restrictions on the exercise of police
discretion and to more closely scrutinize and to more critically secondguess law enforcement decisions.
One of the problems with the traditional approach to law
enforcement legal training is that we tend to study published court
decisions in criminal cases that involved searches that had resulted
in the seizure of contraband or other evidence of crime. (After all, a
criminal prosecution and a motion to suppress evidence presupposes,
by definition, that there was some relevant evidence that might be
subject to the exclusionary rule.) The following training scenarios, in
contrast, are designed to show that it does not matter whether the law
enforcement conduct at issue fortuitously resulted in a “hit” or a
“miss.” Instead, you should focus solely on whether the police
decisions described in these scenarios were appropriate or
inappropriate at the exact moment that those decisions were made by
officers in the field. See Ker v. California, 83 S.Ct. 1623 (1963) (In
determining the lawfulness of police conduct, a reviewing court is only
concerned with what the officers had reason to believe at the time. “A
search is not to be made legal by what it turns up. In law it is good
or bad when it starts and does not change character from what is dug
up subsequently.”)

-13-

1. Watching Out for Stolen Vehicles: The Luxury Sedan
Officers Smith and Jones are employed by a mid-sized police
department.
Their municipality is one of several suburban
communities that border on the city of Eastburg, which is a major
urban center. Officers Smith and Jones are assigned to patrol duty
and are presently enforcing traffic laws in between calls for service.
The officers are aware that police departments in the region have
recently noted a significant increase in the incidence of motor vehicle
theft and “joyriding.” The problem is especially serious in Eastburg.
While the motor vehicle theft problem is not nearly as severe as the
one that existed a decade ago, police executives throughout the region
have expressed concern about the resurgence of this form of criminal
activity and hope to nip the problem in the bud. Officers Smith and
Jones have been advised by their superiors to watch out for potential
stolen vehicles.
Officers Smith and Jones are patrolling Eastburg Avenue – a
heavily-traveled four-lane residential road that connects their town to
a number of other municipalities, including Eastburg. Officer Smith
observes a late model luxury sedan traveling in a line of traffic in the
right lane heading towards Eastburg. The following conversation
between Officers Smith and Jones ensues:
Officer Smith: “What do you make of that one?”
Officer Jones: “Which one?”
Officer Smith: “The new Mercedes sedan over there. Two black guys
-- they appear to be teenagers. Late teens, maybe.”
Officer Jones: “That doesn’t seem quite right, does
it? Any violations?”
Officer Smith: “I don’t see any yet. Let me check on that.”
-14-

Officer Jones: “Okay. In the mean time, I’ll do a random lookup.”
Officer Jones uses the vehicle’s Mobile Display Computer (MDC)
to “run the plates” of the late-model Mercedes Benz sedan.
Officer Jones: “Okay. The vehicle is not reported
stolen, and the registered owner is
not on the revoked list. Let’s see.
The plates match the vehicle. No
help there.”
Officer Smith: “Alright, I just clocked him doing 44
in a 40, so it’s okay to run a full
check.”
Officer Jones: “Right. Let’s see. Okay, it comes
back registered to a John Q. Public,
male, date of birth June 1, ’53. That
would make him, let’s see, 53 years
old.”
Officer Smith: “Well, there’s no middle-aged guy in
that vehicle. We better check this
one out just to be sure.”
Officer Smith maneuvers behind the Mercedes sedan and
activates the police vehicle’s overhead and takedown lights, ordering
the Mercedes to stop. The driver of the Mercedes responds promptly,
pulling over to the side of the road. Officer Smith approaches the
Mercedes on the driver’s side, while Officer Jones positions himself on
the passenger side to observe the encounter and watch for suspicious
movements. Neither officer observes any evidence of damage to the
Mercedes Benz suggesting a forcible entry. Officer Smith engages the
driver of the Mercedes sedan in the following conversation:

-15-

Officer Smith: “Good afternoon. May I see your
license, vehicle registration, and
insurance identification card, please.”
The driver of the vehicle reaches over to the glove box to retrieve
credentials, and then pulls out his wallet from his pants pocket. The
driver hands the three pieces of identification to Officer Smith.
Driver:

“Why’d you stop us?”

Officer Smith carefully examines the driver’s license and
registration. The photograph on the license matches the driver. The
license is in the name of John Q. Public, Jr.
Officer Smith: “Did you know that this was only a
40 mile per hour zone?”
Driver:

“I guess, sort of. How fast was I going?”

Officer Smith: “Well, it was over 40. That’s why we
stopped you. Is this your car?”
Driver:

“No, it’s my father’s car. I’m home
from Yale for spring break and he’s
letting me use it today.”

Officer Smith: “Okay. Your father’s name seems
familiar. Is he a law enforcement
officer around here?”
Driver:

“No. He’s a Superior Court Judge.”

Officer Smith: “That’s where I heard the name, I
guess. Okay, I’m sure your father
would want you to slow it down. I’m
-16-

gonna let you off with a warning, but
please take it easy on these
residential streets.
They’re not
interstates, you know.”
***

-17-

2. Protecting Critical Infrastructure: The Citizen “Tip”
Officers Smith and Jones are employed by a large urban police
department. The city’s water reservoir is located on the edge of town.
The reservoir is considered to be a critical and vulnerable part of the
State’s infrastructure. It is essentially a deep, manmade lake. The
lake itself is not visible from the adjacent streets because it is
protected by a tall stone wall at the top of a steeply sloped grass lawn.
The stone wall is capped with a barbed wire fence that is marked with
numerous signs that read: “Restricted Area. Keep Out.”
At approximately 4:50 p.m., a citizen uses his cell phone to call
the police department to report suspicious activity. The citizen’s
conversation with the communications officer is as follows:
Officer Smith: “First precinct, Officer Smith. How
can I help you?”
Citizen:

“Hello, this is Bob Citizen, 123
Evergreen Road. I’ve seen the signs
on the interstates that say we’re
supposed to report suspicious activity
now, because, you know, because of
9-11 and anthrax and everything. I
was just walking my dog along Park
Road and I saw these two men –
Middle Eastern-type guys, walking
right near the stone wall by the
reservoir. They, you know, had real
dark hair and beards. I think they
were from somewhere in the Middle
East, you know, Arabs or something.
I don’t know what they were doing by
the wall. I’ve seen kids climb up
there before to try to see the water,
-18-

but I’ve never seen adults climb up
the hill. I thought I should report it.”
Officer Smith: “Are the two men still in view?
Citizen:

“No, I saw them just a couple
minutes ago, but I’m not on Park
Road now and they were going the
other way. I don’t see them right
now.”

Officer Smith: “Can you describe what they were
wearing?”
Citizen:

“Yeah. Both were wearing dark pants
and white shirts. Dress shirts, but
no ties.”

Officer Smith: “Do you know whether they climbed
the retaining wall, or tried to?
Citizen:

“No. I don’t know. Maybe. They
were pretty close to it when I saw
them. They were walking right up
next to it.”

Officer Smith: “Can you describe how old they
were?”
Citizen:

“They were adults. They were not,
you know, kids, because they both
had beards. Twenty to twenty-five,
maybe. Maybe a little older.”

Officer Smith: “Were they carrying anything? Any
-19-

packages or equipment?”
Citizen:

“No. Well, I’m not sure. One might
have had a backpack or something.
It might have been a camera bag, or
for a video camera or something.
Come to think of it, I think one of
them was holding a camera or
camcorder or something.
I just
thought it was strange for two Arablooking guys to be walking up on the
slope right near the reservoir, what
with all you see on the news and all,
I just thought I should report it.”

Officer Smith: “I understand. I’ll send an officer to
check it out.”
Officer Jones is dispatched to investigate the report of two
suspicious men near the reservoir restricted area. Officer Jones is
provided with a general description of the two men. As Officer Jones
approaches the area, he sees two young men walking on Park Road.
The two men are wearing dark pants and white shirts. Both have
dark hair and beards. The two men are walking on the sidewalk
alongside the road, well away from the wall.
The officer pulls up alongside the two men and gets out of the
police vehicle. He approaches the two men to inquire why they had
been walking so close to the restricted area.
***

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3. Train Station Interdiction
Officers Smith and Jones are employed by a municipal police
department in an affluent suburban town with a large commuter
population. The police department is aware of reports that illicit
drugs are being smuggled into the area by train at the local station.
Drug dealers who reside in nearby Eastburg are believed to make
“runs” into New York City, purchasing illicit drugs and returning on
the next available train. (Eastburg is an adjacent urban town with a
predominantly minority population.) Intelligence reports indicate that
these local dealers typically travel in pairs for protection.
Officers Smith and Jones are on a “park and walk” patrol
assignment. They are walking along the platform at the local train
station. The platform is crowded with approximately 50 to 100
commuters who are waiting for the next train headed for New York
City. It is just before 8 a.m. on a weekday, and most of the persons
on the platform are dressed in professional/business attire. The next
train to New York is expected to arrive momentarily.
Officer Smith notices two Hispanic males, approximately 20
years old, who are wearing baggy clothing. Officers Smith and Jones
approach the two males on the train platform and engage them in the
following conversation:
Officer Smith: “Good morning. How are you fellows
doing this morning?”
First Male:

“Okay.”

The second male seems to be looking the other way, avoiding eye
contact with the two officers. This second male has turned away from
the officers, facing the track, indicating that he is not willing to engage
in conversation.

-21-

Officer Jones: “Are you fellows heading to the City?
First Male:

“Yeah. We’re going to visit
my cousin.”

Officer Jones: “Do you fellows live here in town?
First Male:

“Nah. We live in the Burg”
(referring to the urban
community of Eastburg).

Officer Smith: “What part of the City are you heading to?
First Male:

“Bronx.”

Officer Jones: “The Bronx? That can be a pretty
rough place, you know. You don’t
have anything on you you shouldn’t
have, do you?
First Male:
Second Male:

“No, man. We ain’t that stupid.”
“Yo, the train’s pulling in. Let’s get
out of here.”

The commuter train has arrived at the station.
First Male:

“Hey, man, this is our
train. Can we get on, or
what?

***

-22-

4. Road Stop En Route to the Open Air Drug Market
Officers Smith and Jones are employed by a large, urban police
department. They are assigned as partners to discretionary motorized
patrol duty in a high drug crime area. The neighborhood is
predominantly African-American. Officers Smith and Jones know
from experience that out-of-town motorists from nearby suburban
communities frequently travel to their patrol jurisdiction to purchase
drugs.
This problem is especially acute in and around the
intersection of Broad and Second Streets, which is at the corner of a
public housing complex that is known on the streets as the “Hole.”
This location has earned a reputation as an open air drug market.
It is 9:30 p.m. on a Friday night, and the traffic on Main Street
is light. Officer Smith notices a late model luxury vehicle with three
Caucasian male occupants. They appear to be in their mid to late
20s. The vehicle has just stopped at a traffic light. The following
conversation between Officers Smith and Jones ensues:
Officer Smith: “Hey, look over there. I wonder what
those three guys could be up to this
time of night?”
Officer Jones: “Which guys?”
Officer Smith: “The three white guys in the gray
Beemer.”
Officer Jones: “Oh yeah. That’s a tough one alright.”
Officer Smith: “You wanna bet they’re gonna turn
right on Second Street to get to
Broad. That’s where the action will
be tonight.”

-23-

The traffic light turns green and the BMW proceeds two blocks,
maneuvering into the right lane without signaling a lane change.
Officers Smith and Jones follow at a discrete distance. The BMW then
proceeds to turn right onto Second Street, again without activating the
turn signal.
Officer Jones: “You pegged them, alright, and no turn signal.”
Officer Smith: “You know, sometimes it’s almost too easy.”
Officer Jones: “Like shooting fish in a barrel. Let’s
do these kids a favor and stop ’em
before they get themselves into real
trouble in the Hole.”
Officer Smith activates the patrol vehicle’s overhead and
takedown lights, ordering the driver of the BMW to pull over based
upon the observed motor vehicle violations.
***

-24-

5. Pedestrian Encounter in the Town Square
Officers Smith and Jones are employed by a mid-sized police
department in an affluent suburban community. It is almost 11 p.m.
on a warm Saturday night, and the local playhouse has just let out.
Hundreds of theater goers are now walking the streets to return to
their parked vehicles, or to patronize the restaurants, coffee houses
and nightclubs in the town square.
Officers Smith and Jones are on foot patrol to ensure the safety
of the theater patrons and to maintain a visible police presence. In
recent weeks there have been several reports of crimes, including
pickpocketing as well as several car thefts and vehicle break-ins. No
arrests have been made. Local merchants are concerned that the
recent crimes may hurt business. In repose to these concerns, police
officers on patrol have been advised to watch out for potential
suspects.
While walking in the crowd on Main Street, Officers Smith and
Jones notice a group of five African-American males. They appear to
be in their late teens to early 20s. They are walking together, talking
loudly, laughing and joking.
Officer Smith: “There’s trouble coming.”
Officer Jones: “I wonder what these guys could be up to.”
Officer Smith: “I don’t think they were here to see
the show. (Laughing). See how
they’re bothering other folks.
Everyone is crossing the street to get
away from them?”
Officer Jones: “Well, can you blame ’em. Let’s nip
this in the bud and find out why
-25-

they’re here.”
The two officers approach the five African-American males.
Officer Smith: “Gentlemen. Good evening. What
brings you to town tonight?”
One of the Males: “We’re just hanging out.”
(One of the other males laughs.)
Officer Smith: “Who drove you guys here tonight.
Do you have any id?”
One of the Males: “What for? We’re just walking.”
Officer Smith: “We’ll you had to get here somehow.
I’m gonna need to see a driver’s
license.
We just want to make
certain you gentlemen get home
safely.”
***

-26-

6. Drive-by Shooting Investigation
Detectives Smith and Jones are employed by an urban police
department and work together in the Homicide/Major Crimes Bureau.
Earlier this evening, a 20-year-old African American male was
seriously wounded in a “drive-by” shooting in the eastern section of
town. The victim is believed to be a member of a street gang known
as the “Sovereign Lords of the Righteous Nation.” Intelligence
information suggests that the Lords are engaged in an ongoing conflict
with other gangs, including a white supremacist “skinhead” group
that calls itself the “Northeast Hate Mongers.”
Detectives Smith and Jones have been assigned to investigate
the shooting. In the hospital, they encounter three young AfricanAmerican males who have come to the hospital to check on the
victim’s status. The three males are all wearing the “colors” of the
Lords gang.
Detectives Smith and Jones approach the three AfricanAmerican males in the hospital waiting room and engage them in the
following conversation:
Detective Smith:

“He’s not out of the woods,
but it looks like your
buddy is gonna make it.
Do you guys have any idea
who might have done this?
Any idea who would want
to kill your buddy?”

One of the Males: “Don’t you worry about it. These things
just kind of take care of themselves, you
know. We don’t need no help from you.”
The next evening, Detectives Smith and Jones go to a bar in the
-27-

western section of town that is thought to be frequented by members
of the Northeast Hate Mongers gang. The bar is crowded. The officers
notice a table with six young white males with shaved heads. Several
of them appear to have tattoos, one of which appears to be a Nazi
swastika. The officers approach the table and engage the young men
in the following conversation:
Detective Jones:

“Good
evening.
I’m
Detective Jones, and this
is my partner, Detective
Smith. Mind if we speak
to you gentlemen?”

One of the Males: “It’s a free country, you know.”
(The other patrons at the table laugh.)
Detective Smith:

“There was a shooting last
night in the east ward. We
were just wondering if any
of you gentlemen might
know something about
that?”

One of the Males: “Yeah, I read in the paper that a f-----g
n----- was shot last night. I hope they
wasted his f-----g ass.”
Another Male: “Yeah. That was a real shame.” (All
of the male patrons at the table
laugh.)
Detective Jones

First Male:

(turning to the male who had made the
first statement): “What ‘they’ are you referring to.”
“Huh?”
-28-

Detective Jones:

“You just said you hope
they wasted him. Who
were you referring to?”

Another Male: “Look, we don’t know nothing, so
unless you’re here to arrest us, leave
us the f - - - alone, okay.”
Detectives Smith and Jones travel to another bar located on the
other side of town. This establishment is patronized predominantly
by African-American citizens. It is believed that some members of the
Lords gang occasionally come to this establishment. The detectives
approach the bartender and engage him in the following conversation:

-29-

Detective Smith:

“We’re looking into the
shooting last night.”

Bartender:

“I heard about that. Is the kid gonna make
it?”

Detective Smith:

“We think so. He was hurt
pretty bad but it looks like
he’ll pull through.
We
want to put an end to this
before it gets any worse.
What have you heard
about it?”

Bartender:

“Hey man, I don’t get
involved in no Lords
business. No way. But if
you stick
around,
someone may come by
who knows the talk on the
streets. They sometimes
come in around 1.”

Detective Jones:

“Okay.
We have some
other things to check out,
but we’ll come back later
and maybe you can just
point someone out to us
we can talk to.”
***

-30-

7.

Residential Burglary Investigation

Lieutenant Smith supervises the Detective Bureau in the
Westburg Police Department. Westburg is an affluent suburban
“bedroom” community with a predominantly non-minority population.
The town borders on the City of Eastburg, which is a much larger and
more urban municipality that is comprised predominantly of minority
citizens.
In the last couple of weeks, a number of residential burglaries
have been reported in Westburg’s East Ward. All of the home
invasions follow a nearly identical modus operandi: the burglar(s) cuts
the phone lines of targeted houses to disable the alarm system and
prevent notification to a central monitoring station. The burglar(s)
then breaks in through a back door or window and steals cash,
jewelry, and silverware. All of the these crimes have occurred during
the daytime on weekdays. To this point, no one has been present in
a house that has been targeted for invasion. The police have not been
able to recover fingerprints or any other forensic evidence, and there
have been no reports of suspicious persons in the neighborhood at or
around the time that the burglaries occurred.
Daytime patrols have been stepped up in the East Ward, but
given the layout of the neighborhood, it is difficult to monitor back
doors and windows from patrol cars. The Chief of the Westburg Police
Department is putting pressure on Lieutenant Smith to solve the
crimes and make an arrest.
Lieutenant Smith calls Detective Jones into his office to discuss
the status of the investigation. The following conversation ensues:
Lieutenant Smith:

Detective Jones:

“What progress have we made on the East Ward
breakins?”
“We’re working on it. We don’t have a lot of
-31-

leads here, and you know we’re pretty tied
up on that downtown robbery case that
looks like its going to trial next week.
That’ll take a lot of my time for the next few
days or so.”

-32-

Lieutenant Smith:

Detective Jones:

Lieutenant Smith:

Detective Jones:
Lieutenant Smith:

Detective Jones:

“I know, but the Chief wants to find this burglar
right away. The mayor lives in the East Ward
and the Chief’s taking a lot of flack from the
community. He’s already seen two neighbors
apply for gun permits. Folks are getting real
nervous out there and the Chief does not want
this neighborhood to turn into the Wild West,
you know what I mean?”
“Right. Well, I went through our files and
I’ve been working with the prosecutor’s
office and a detective in Eastburg PD.
We’ve put together about fifty files or so of
people in the area who’ve been arrested or
convicted of breakins and home invasions.
I’m going to go through all the files we have
so far to see if anything comes up in terms
of M.O. I want to be able to circulate some
pictures of possible suspects, you know, to
show them around to neighbors, mail
carriers and all.”
“Okay. The Patrol Division has also been told to
look out for this guy, so pull together some
photos that we can give to them. The Chief is
really on my back so I want to be able to give
something to the Patrol Division for tomorrow
morning’s roll call.”
“I’ll see what I can put together.
“I think fifty photos is too much, though. We’ve
got to pare that down.”
“Well, I figure that this guy is probably an
-33-

addict fencing stuff to buy dope, so I’ve
reached out to local pawn shops and some
of our confidential sources.”
Lieutenant Smith:

Detective Jones:

Lieutenant Smith:

Detective Jones:

Lieutenant Smith:

“Good. He’s probably selling the stuff right on
the street for a few pennies on the dollar. By the
way, I’m not sure that saying he’s probably an
addict really helps all that much. I’ll bet you
that just about all of those files are dopeheads.”
“Fair enough. I’ll still be able to find out
which ones have drug priors.”
“Okay, and also check with the County and
State Corrections to see if any of those guys just
got out of jail or a residential program. These
breakins only started two weeks ago. Maybe
we’ll get lucky and find someone who just got
out and hit the streets running.”
“Will do. But that will take a little time. I
have to be at the prosecutor’s office all
afternoon on the robbery case. I may not
be able to put too much together for
tomorrow’s day shift roll call.”
“Understood. Let’s start by checking out the
black suspects who also had drug charges, and
then we’ll go from there. I just need to have
something to give the Chief today to show him
we’re making some progress.”
***

-34-

-35-

8.

Scrutinizing and Intercepting Vehicles Coming From the
“Source” City

The Town of Westburg is an affluent suburban community
located near the much larger, more urban City of Eastburg. Westburg
is a predominantly non-minority jurisdiction, whereas Eastburg is
comprised mostly of minority residents.
Several months ago, the Eastburg Police Department started
working with County and State authorities to form a task force to
enhance street-level drug enforcement efforts. The initiative is
designed to close down some of the most notorious open air drug
markets in the region. This “Quality of Life” program seems to have
been successful in driving some of Eastburg’s street-level drug dealers
from their familiar haunts.
The Westburg Police Department has learned from specific and
reliable sources that some of these displaced dealers have begun
traveling into other communities, including Westburg, to sell drugs
directly to local buyers who used to have to go to the open air drug
markets in Eastburg. In essence, Eastburg is considered to be a
significant “source” city of the drugs that are being sold and
consumed in Westburg and other surrounding suburban
communities. Intelligence information suggests that these Eastburgbased dealers are driving into suburban communities in groups of two
or more.
Westburg Police Officers Smith and Jones are both assigned to
patrol duty and are stationed on Eastburg Avenue, which is the
principle means of traveling from Eastburg into Westburg. Smith and
Jones work in tandem as part of the town’s “tac pac” patrol, and their
current assignment is to look out for potential drug dealers coming
into town. Their strategy is to pay special attention to those vehicles
traveling west on Eastburg Avenue that are likely to be coming from
Eastburg. They have determined that the most reliable way to
ascertain a vehicle’s likely point of origin is to determine through
Motor Vehicle Commission records the address of the vehicle’s
registered owner. (The assumption in this instance is that a vehicle
-36-

registered to an Eastburg resident would be garaged in Eastburg and
would be likely to be traveling from that point of origin and
transporting Eastburg residents.) Officer Smith, who is in an
unmarked car, first scrutinizes vehicles traveling westbound on
Eastburg Avenue and “runs” their plates. He then radios ahead to
Officer Jones, who is in a marked patrol car, who will initiate a motor
vehicle stop based on information provided by Officer Smith.
Officers Smith and Jones know that while they are allowed to
“run the plates” of any vehicle that comes into their view, under New
Jersey law, they may not obtain personal information, such as a
registered owner’s name and address, unless they first observe a
motor vehicle violation, or unless the results of a random lookup were
to provide a basis for further inquiry (e.g., if the registered owner has
a suspended license). Accordingly, Officer Smith scrutinizes all
passing vehicles going westbound looking for any kind of moving or
equipment violation, which would then allow him to run a “for cause”
motor vehicle lookup so that he can determine the address of the
vehicle’s registered owner.
As it turns out, most of the vehicles on Eastburg Avenue are
traveling in excess of the posted 30 mile per hour limit. The large
number of violators makes it impractical for Officer Smith to run the
plates of every vehicle observed to have committed a violation. Smith
therefore focuses his attention and runs the plates of the vehicles that
have two or more minority motorists, since intelligence reports have
suggested that the displaced drug dealers are traveling in groups of
two or more, and because most of the displaced Eastburg drug dealers
were known to be black or Hispanic.
If the motor vehicle lookup confirms that the vehicle is registered
to a person who resides in Eastburg, Officer Smith alerts Officer Jones
to initiate a motor vehicle stop based on the observed violation
(usually speeding). Jones will then order the driver to exit the vehicle
to preserve the option of eliciting inconsistent statements from the
driver and the passenger(s). Jones will pose several “itinerary”
questions concerning the motorists’ point of origin, destination and
purpose for travel into Westburg. If the occupants’ stories check out
-37-

(in other words, if there are no material inconsistencies), Jones will let
the driver off with a warning unless the observed violation that had
justified the initial stop was particularly serious, such as speeding
fifteen or more miles over the posted limit.
Officer Jones seeks to complete these on-the-scene investigations
as quickly as possible, not only to minimize the level of intrusion, but
also because he hopes to stop as many vehicles as possible during his
duty shift. The goal of this program is not just to apprehend drug
dealers, but also to send a message that is designed to deter displaced
Eastburg drug dealers from coming into Westburg to peddle their
illicit wares.
***

PART III
ANSWER KEY AND ANALYTICAL
DISCUSSION OF FACTUAL SCENARIOS
Answers to True/False Questions . . . . . . . . . . . . . Pages 31-46
Discussion of Factual Scenario #1 . . . . . . . . . . . . Pages 47-50
Discussion of Factual Scenario #2 . . . . . . . . . . . . Pages 51-53
Discussion of Factual Scenario #3 . . . . . . . . . . . . Pages 54-56

Discussion of Factual Scenario #4 . . . . . . . . . . . . Pages 57-59
Discussion of Factual Scenario #5 . . . . . . . . . . . . Pages 60-62
Discussion of Factual Scenario #6 . . . . . . . . . . . . Pages 63-65
Discussion of Factual Scenario #7 . . . . . . . . . . .

Pages 66-67

Discussion of Factual Scenario #8 . . . . . . . . . . . . Pages 68-71

-39-

SKILLS ASSESSMENT “TRUE/FALSE” ANSWER KEY
1. True. Our civil rights derive from both the State and Federal
Constitutions. The United States Constitution establishes the
minimum protections afforded to all persons in the nation. See State
v. Hempele, 120 N.J. 182, 197 (1990). State Constitutions may afford
persons with additional rights (and may impose additional limits on
police powers), beyond those established under federal law. The New
Jersey Supreme Court on a number of occasions has chosen to rely
on the New Jersey Constitution to suppress evidence that would have
been admissible in federal prosecutions. In State v. Pierce, 136 N.J.
184, 209 (1994), the New Jersey Supreme Court spoke of a “steadily
evolving commitment” by our State courts to provide citizens
enhanced protections under our State Constitution.
2. True. The key test under Attorney General Law Enforcement
Directive 2005-1 is whether an officer would have handled an
encounter differently if the citizen had been of a different race or
ethnicity, since this means that race or ethnicity would have played
a contributing role in the officer’s exercise of discretion. Unless the
police conduct involves a “B.O.L.O. (“Be on the Lookout”) situation,
such a finding would mean that the citizen had been treated
“unequally” within the meaning of the Equal Protection Clause and
Attorney General Law Enforcement Directive 2005-1.
3. False. In State v. Maryland, 167 N.J. 471 (2001), the Court
expressly noted that, “We do not intend to suggest that ordinarily a
proper field inquiry could not be based on a hunch.” It is important
to understand, however, that while police are not prohibited from
relying on hunches, an inarticulable hunch would provide no basis for
“seizing” a person under the Fourth Amendment (i.e., initiating an
investigative detention or so-called “Terry” stop.) The legal standard
for justifying an investigative detention, after all is a “reasonable
articulable suspicion” – not an inarticulable suspicion. Furthermore,
as the Court in State v. Maryland made clear, officers in this State
may not rely on a hunch that is, in turn, “at least in part based on
racial stereotyping.” Id. at 496.

-39-

4. True. The New Jersey Supreme Court in State v. Carty, 170 N.J.
632 (2002), interpreted the State Constitution to create a new rule
that prohibits police officers during a motor vehicle stop from even
asking a motorist to consent to a search unless the officer is aware of
facts that constitute a reasonable articulable suspicion to believe that
the search would reveal evidence of an offense.
5. True. The key to complying with the Fourteenth Amendment
Equal Protection Clause and New Jersey’s statewide policy prohibiting
racially-influenced policing is for police officers when drawing
inferences of criminal activity or when otherwise exercising police
discretion to focus on a citizen’s conduct, rather than on immutable
physical characteristics that the person was born with and cannot
change.
6. True. In State v. Stovall, 170 N.J. 346 (2002), the Court made
clear that officers in New Jersey may in appropriate circumstances
develop and rely upon a “profile.” The Court defined a “drug courier
profile,” for example, as a compilation of objective factors which may
be innocent alone, but in conjunction with each other or other facts,
lead officers to believe that the suspect is engaging in drug trafficking.
It is critical to note, however, that any such profile must not rely to
any extent on race or ethnicity. Rather, legitimate profiles are raceneutral, focusing on the modus operandi or “methods of operation” of
criminals.
7. False. The Fourteenth Amendment Equal Protection Clause and
New Jersey’s statewide policy prohibiting racially-influenced policing
applies to all police conduct and decisions, and not just those
decisions that trigger a Fourth Amendment legal standard (such as an
investigative detention (a “stop”), an arrest or a search). In State v.
Maryland, 167 N.J. 471 (2001), for example, the New Jersey Supreme
Court concluded that the police had violated the Fourteenth
Amendment based on the manner in which the officers had initiated
a consensual field inquiry, notwithstanding that such a consensual
field inquiry does not intrude upon any Fourth Amendment rights,
-40-

and, unlike an investigative detention or “Terry” stop, need not be
based upon a reasonable articulable suspicion that criminal activity
is afoot.
8. False. Aggregate statistics cannot be used to justify treating
persons of different races differently. It is inappropriate, for example,
to use group statistics to infer that a particular individual of a given
race or ethnic background is more likely to be a criminal because
other persons of that race or ethnicity happen to have been convicted
of criminal activity.
9. False. One of the greatest myths about the racial profiling
controversy is the misguided notion that only bigoted officers engage
in this prohibited practice. In reality, a well-meaning, non-bigoted
officer can inadvertently engage in racially-influenced policing simply
by relying unthinkingly on broad-brushed stereotypes. A minority law
enforcement officer may be just as likely as his or her non-minority
colleague to allow race or ethnicity to play a role in drawing inferences
or exercising discretion.
10. True. There are certain circumstances where it is permissible
and appropriate for a police officer to take into account that a person
is not a resident in a particular neighborhood. For example, this fact
might be relevant where the police are aware that non-resident
citizens travel to a particular location (such as an open air drug
market) to engage in criminal conduct. Police officers must be very
careful, however, in how they deduce in the first place that a person
is not a resident of a particular area or neighborhood. It is
inappropriate for an officer to use a person’s race or ethnicity to
support an inference that the person seems to be “out of place” in a
particular neighborhood.
11. False. The new state crime of “official deprivation of civil rights”
requires proof beyond a reasonable doubt that the officer committing
this offense acted with the purpose to intimidate or discriminate, and
-41-

actually knew that his or her conduct was unlawful. N.J.S.A. 2C:306. The Fourteenth Amendment Equal Protection Clause and New
Jersey’s statewide policy prohibiting racially-influenced policing set
forth in Attorney General Law Enforcement Directive 2005-1 is
broader in scope than the new criminal statute and bans police
conduct that would not necessarily be criminal under this new law.
12. False. In State v. Segars, 172 N.J. 481 (2002) (per curiam), the
New Jersey Supreme Court confirmed its earlier decision in State v.
Donis, 157 N.J. 44 (1998), holding that mobile display terminal
checks are not traditional searches that are subject to Fourth
Amendment restrictions. As a result, these computer lookups can be
done randomly and need not be based on an observed motor vehicle
violation or reasonable suspicion to believe that criminal activity is
afoot. The Court in Segars made clear, however, that mobile display
terminal checks may not be based on impermissible criteria such as
race or ethnicity.
13. False. It is a myth that only racist or bigoted law enforcement
officers engage in the practice of racially-influenced policing. Minority
law enforcement officers are by no means immune from the problem
of racially-influenced policing. In fact, minority law enforcement
officers are just as likely as their non-minority colleagues to rely,
perhaps unwittingly or unthinkingly, on racial or ethnic stereotypes
in drawing inferences of criminal activity and in exercising police
discretion.
14. False. When a defendant raises a Fourteenth Amendment Equal
Protection claim in a motion to suppress, the reviewing court may
examine aggregate statistics in an effort to determine whether the
officer(s) involved (or even the entire department) have engaged in a
pattern of behavior that would suggest that these officers had
embraced or tolerated a so-called “de facto policy” to treat persons
differently based on their race or apparent ethnicity.
15. False. Aggregate statistics may not be used by law enforcement
-42-

officers to justify drawing inferences of criminal activity based on a
citizen’s race or apparent ethnicity. The fact that group statistics may
show that a disproportionate percentage of persons of a given race or
ethnicity have been convicted of a particular crime cannot be used to
support an inference that one or more particular individuals are
engaged in criminal activity.
16. True. In State v. Segars, 172 N.J. 481 (2002) (per curiam), the
New Jersey Supreme Court established what it called the “burden
shifting template” in racial targeting cases.
If the defendant
establishes a prima facie case of discrimination, that is, one in which
the evidence, including any favorable inferences to be drawn
therefrom, could sustain a judgment in the defendant’s favor, the
burden of production shifts to the State to articulate a race-neutral
basis for its action. If the State is unable to meet this burden of
producing a race-neutral explanation, then the defendant’s claim of
discrimination will prevail, and the seized evidence will be suppressed.

17. True. In State v. Segars, 172 N.J. 481 (2002) (per curiam), the
New Jersey Supreme Court confirmed that the act of “running the
plates” is not a traditional search that is subject to Fourth
Amendment restrictions. This kind of computer inquiry can be done
randomly and need not be based upon reasonable suspicion or
predetermined objective criteria. An officer may therefore conduct a
mobile display terminal check of a vehicle based solely on a “hunch”
or “gut feeling,” provided, however, that this inarticulate hunch is not
in turn based upon a racial or ethnic stereotype.
18. True. In State v. Bruzzese, 94 N.J. 210 (1984), the New Jersey
Supreme Court embraced what it called an “objective” test in deciding
whether the Fourth Amendment has been violated. The Court held
that the Fourth Amendment proscribes unreasonable actions, not
improper thoughts. Note, however, that this Fourth Amendment
principle does not apply to discrimination claims made under the
-43-

Equal Protection Clause of the Fourteenth Amendment.
19. False. The fact that a citizen understands that he or she is free
to walk away from the police means that the encounter is indeed a
“field inquiry” and not an “investigative detention” within the meaning
of the Fourth Amendment. See State v. Pineiro, 181 N.J. 13 (2004)
(field inquiries are permissible so long as they are not harassing,
overbearing or accusatory in nature. This means that the person
approached in a field inquiry need not answer any question put to
him, and the person may decline to listen to the question at all and
may go on his way). But just because the Fourth Amendment was not
violated does not mean that the police conduct is lawful, since the
Fourteenth Amendment Equal Protection Clause establishes its own
set of rules governing police conduct, prohibiting officers from using
race or ethnicity as the basis for the exercise of police discretion. The
Fourteenth Amendment applies to all police decisions, including the
decision to initiate a consensual field inquiry. See State v. Maryland,
167 N.J. 471 (2001).
20. True. Under both State and Federal law, warrantless searches
and seizures are deemed by courts to be presumptively unreasonable.
This means the State must bear the burden of proof in a motion to
suppress to show that the officer’s conduct complied with all
applicable Fourth Amendment rules.
21. False. Not all pretext steps are illegal. There are times when it
is perfectly acceptable for police to resort to a pretext or ruse.
However, if the underlying true reason for initiating an encounter with
a citizen is itself unlawful for any reason, then the resulting stop is
automatically unlawful.

-44-

22. False. The New Jersey Supreme Court confirmed in State v.
Neshina, 175 N.J. 502 (2003), that an officer is permitted to approach
a citizen to initiate a “field inquiry” without having to be aware of facts
that establish a reasonable articulable suspicion to believe that this
person is engaged in criminal activity.
23. False. New Jersey’s statewide policy prohibiting raciallyinfluenced policing set forth in Attorney General Law Enforcement
Directive 2005-1 applies to all police decisions, and not just to the
initial decision to initiate an investigative detention. Thus, for
example, a police officer may not consider a lawfully stopped
motorist’s race or ethnicity in deciding whether to ask that motorist
to step out of the vehicle, to pose certain probing or accusatorial
questions designed to expose possible criminal activity, or to ask the
motorist for permission to conduct a consent search.
24. False. The term “frisk” refers to a limited patdown of a detained
suspect for weapons. There is simply no such thing as a “frisk” for
illicit drugs or other nonweapon contraband. Any physical touching
of a person to inspect for drugs would instead constitute a full-blown
“search,” which must be based upon probable cause and fall under
one of the recognized exceptions to the general rule that searches
must be authorized by a court-issued warrant. Note that probable
cause is a higher standard of proof than the “reasonable articulable
suspicion” standard that must be met before an officer may conduct
a limited protective frisk for weapons.
25. False. In State v. Maryland, 167 N.J. 471 (2001), the Court held
that the test for deciding whether an investigative detention has
occurred is measured from a citizen’s perspective. The correct inquiry
is whether a reasonable person, under all of the attendant
circumstances, would believe that he or she could walk away without
answering any of the officer’s questions. The court will consider
whether the officer’s questions are put in a conversational manner,
whether the officer has made any demands or issued orders, and
-45-

whether the officer’s questions are overbearing or harassing in nature.
See State v. Pineiro, 181 N.J. 13 (2004) (field inquiries are permissible
so long as they are not harassing, overbearing or accusatory in
nature. This means that the person approached in a field inquiry
need not answer any question put to him, and the person may decline
to listen to the question at all and may go on his way).
26. False. Our statewide policy prohibiting racially-influenced
policing prohibits a law enforcement officer from considering race or
ethnicity as a factor in exercising police discretion (other than when
responding to a suspect-specific B.O.L.O. (“Be on the Lookout”)
situation. This prohibition against the use of race or ethnicity applies
to every police decision, including the decision to run a criminal
history lookup or warrant check.
27. True. In contrast to litigation under the Fourteenth Amendment
Equal Protection Clause, a court deciding a motion to suppress using
traditional Fourth Amendment analysis is concerned only with the
conduct of the police officer during the particular encounter with the
defendant. Aggregate statistics are therefore irrelevant to the question
whether this particular officer’s conduct
complied with the
requirements of the Fourth Amendment during this particular
encounter with this specific defendant.
28. True. Regrettably, gangs have proliferated throughout the State
of New Jersey in recent years. It is critical to note that this problem
is by no means limited to urban areas. Many street gangs are
expanding their “turf,” and are actively recruiting members in
suburban communities.
29. False. While “racial profiling” is illegal and will not be tolerated
in this State, other forms of profiling (which focus on conduct and the
modus operandi of criminals) are perfectly legitimate. In State v.
Stovall, 170 N.J. 346 (2002), for example, the New Jersey Supreme
Court approved the use of a “drug courier profile.”
30. False. Police reports serve many important functions besides
refreshing an officer’s recollection when he or she testifies at trial or
-46-

in a motion to suppress evidence. Most notably, the police report is
relied upon by prosecutors as part of the case “screening” process,
which determines how the case will be handled. Prosecutors must
evaluate all cases to determine whether there are any weaknesses
(such as the possibility of losing a motion to suppress evidence) that
affect the likelihood of securing a conviction at trial. This evaluation
of the strengths and weaknesses of the State’s proofs will, in turn,
affect the plea offer that is likely to be tendered by the prosecutor as
part of the plea negotiation process. When a police report is
imprecise, inaccurate or incomplete, there is a greater likelihood that
the case will be dismissed, downgraded, or de-valued in terms of the
plea offer that will be tendered to the defendant.
31. True. In State v. Segars, 172 N.J. 481 (2002) (per curiam), the
Court’s determination that the arresting officer had given inaccurate
testimony raised the inference of racial targeting (i.e., e.g., the
inference that inaccurate testimony was an attempt to conceal the fact
that the officer had relied upon race because he knew that such
reliance was unlawful). In Segars, the State’s failure to produce an
explanation for the officer’s inaccurate testimony was deemed by the
Court to be the “pivotal point in the case,” and was the basis for the
Court’s ultimate legal conclusion that the officer had engaged in racial
targeting, warranting the suppression of the seized evidence.
32. True. The New Jersey Supreme Court in State v. Stovall, 170
N.J. 346 (2002), recognized that police may develop and use “profiles”
in determining whether a person may be engaged in criminal activity.
The profile (which is simply a compilation of objective factors that may
be innocent but that are nonetheless consistent with criminal activity)
becomes part of the so-called “totality of the circumstances” that a law
enforcement officer may consider in determining whether criminal
activity is afoot. In essence, a profile is simply a type of police
“training and experience” which can be used by police to interpret a
situation, although a formalized profile is based on the carefully
documented experience of a number of officers (or the entire agency)
-47-

rather than any one officer. While relevant and useful, these raceneutral law enforcement profiles rarely if ever are sufficient by
themselves to establish a basis for initiating an investigative detention
under the Fourth Amendment. In Reid v. Georgia, 100 S.Ct. 2752
(1984), for example, the United States Supreme Court observed that
a drug courier profile alone does not establish reasonable suspicion.
See also State v. Stovall, supra (the mere fact that a suspect displays
profile characteristics does not justify a stop.)
33. True. Police are permitted and are expected to consider all
known physical traits and identifying physical characteristics,
including race or apparent ethnicity, when deciding whether a person
is the specific individual described in a “Be on the Lookout” (B.O.L.O.)
bulletin. In State v. Stovall, 170 N.J. 346 (2002), the New Jersey
Supreme Court concluded that the identification of the suspects in
that case as Hispanic was only that – an identification.

-48-

34. False. Under New Jersey’s statewide policy prohibiting raciallyinfluenced policing, law enforcement officers are not permitted to
consider a person’s race or ethnicity at all in drawing inferences of
criminal activity or in exercising discretion (other than when
responding to a suspect-specific B.O.L.O. situation). The policy set
forth in Attorney General Law Enforcement Directive 2005-1 can be
violated even when race or ethnicity is not the sole factor relied upon
by police to draw an inference of criminality. The test, simply stated,
is whether the officer would have treated this particular citizen
differently had the citizen been of a different race or ethnicity. If the
answer to that question is yes, then race or ethnicity played a
contributing role in the exercise of police discretion, in violation of our
statewide policy prohibiting racially-influenced policing.
35. False. The courts in New Jersey have made clear on numerous
occasions that police officers in this State are not permitted to
routinely frisk detained motorists. See, e.g., State v. Lipski, 238 N.J.
Super. 100 (App. Div. l990). Police officers may not frisk a detained
suspect for weapons unless they are aware of facts that constitute a
reasonable and articulable suspicion to believe that this particular
individual may be armed and dangerous. Because this is a rule
arising under the Fourth Amendment and its State Constitutional
counterpart, it does not matter that the officers were not also violating
the Fourteenth Amendment Equal Protection Clause. It is possible,
in other words, to violate one of these distinct constitutional
provisions without violating the other.
36. False. The Fourteenth Amendment Equal Protection Clause and
our statewide policy prohibiting racially-influenced policing applies to
all police decisions, and not just to those decisions that implicate
Fourth Amendment privacy or liberty rights (such as a stop, an arrest,
or a search). It is therefore possible to violate the nondiscrimination
policy set forth in Attorney General Law Enforcement Directive 2005-1
by engaging in conduct that a citizen never even becomes aware of.
For example, if an officer were to “run the plates” of a vehicle based on
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the race or ethnicity of the motorist, that decision would constitute a
violation of the Equal Protection Clause and our statewide policy
prohibiting racially-influenced policing. This would be true even if the
motor vehicle lookup did not reveal a basis to stop the vehicle, so that
motorist would never know that the officer had checked the license
plates.
37. False. It is appropriate, indeed necessary for officers to include
in a B.O.L.O. description every known identifying characteristic of the
specific individual who is being sought. Police are generally required
under the Fourth Amendment and its State Constitutional
counterpart to use “the least intrusive means” to accomplish their
legitimate investigative objectives. Were police to leave out a racial or
ethnicity “identifier” from a B.O.L.O. bulletin, then persons who could
not possibly be the person being sought might be subjected to police
scrutiny and detention. In other words, a B.O.L.O. would cast too
broad a net if it failed to include every known physical characteristic
that might help police in the field find the wanted person and, as
importantly, help the police to eliminate from suspicion persons who
do not match the known physical characteristics of the wanted
person.
38. True. Not all “pretext” stops are unlawful. See, e.g., Whren v.
United States, 116 S.Ct. 1769 (1996) (United States Supreme Court
refused to examine whether a police officer’s conduct is based on a
“pretext”). Police are permitted to make a stop based on a very minor
observed motor vehicle violation even though they have an ulterior
purpose, provided that that ulterior purpose is itself lawful. (While the
motorist in that event is being treated differently than other minor
violators, this form of “selective enforcement” does not run afoul of the
Constitution so long as a “suspect classification” such as race or
ethnicity is not involved.) If, on the other hand, the ulterior reason
for actually choosing to make this stop is unlawful for any reason,
then the resulting stop is unlawful, notwithstanding the general rule
under the Fourth Amendment that police may stop a motor vehicle
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based upon an observed motor vehicle violation. Thus, for example,
if police suspect that an individual is engaged in criminal activity
based in part on the individual’s race or ethnicity, they may not stop
that individual based on a fortuitously observed motor vehicle
violation under circumstances where they otherwise would not have
initiated a motor vehicle stop for such a minor violation, since the
underlying or ulterior reason for bothering to make the stop would
have been influenced by a consideration of race or ethnicity in
violation of the Fourteenth Amendment Equal Protection Clause and
our statewide policy against discriminatory policing. Remember that
the test under the Fourteenth Amendment and Attorney General Law
Enforcement Directive 2005-1 is whether police are treating a
particular individual differently based on the individual’s race or
ethnicity.
39. True. Courts recognize that a person’s known membership in a
specific criminal organization such as a street gang is relevant and
certainly may be considered by the officer as part of the “totality of the
circumstances.” However, membership in a group commonly thought
to be suspicious, such as a gang, is insufficient by itself to establish
reasonable suspicion. See Drake v. County of Essex, 275 N.J. Super.
585 (App. Div. 1994), citing to Reid v. Georgia, 100 S.Ct. 2752 (1984)
(drug “profile” alone does not establish reasonable suspicion).
40. True. A court reviewing a Fourteenth Amendment claim of
selective enforcement may conduct a wide-ranging inquiry. A
reviewing court may, for example, examine the officer’s thought
processes to determine whether the officer had, in fact, relied on an
impermissible factor such as race or ethnicity. This approach
distinguishes Fourteenth Amendment legal analysis from Fourth
Amendment jurisprudence. See State v. Bruzzese, 94 N.J. 210 (1983)
(“the proper inquiry for determining the constitutionality [under the
Fourth Amendment] of a search and seizure is done without regard to
the officer’s underlying motives or intent.”).

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41. False. Police officers are not permitted to draw any inferences of
criminality from the race or apparent ethnicity of an individual (other
than when determining whether the individual matches the
description of a suspect-specific B.O.L.O. bulletin). The nature, extent
or prevalence of a criminal problem is irrelevant to this analysis.
42. False. Some courts have held that the act of posing an
“accusatorial” question automatically converts a consensual field
inquiry into an investigative detention or “Terry stop.” See, e.g., State
in the Interest of J.G., 320 N.J. Super. 21 (App. Div. 1999). Compare
State v. Rodriquez, 172 N.J. 117 (2002), where the New Jersey
Supreme Court declined to decide whether an accusatorial question
automatically triggers an investigative detention, with State v.
Neshina, 175 N.J. 502 (2003), where the Court suggested that a field
inquiry involves questions that are not accusatory in nature. But
even if the act of posing an accusatorial question were deemed to
transform a consensual field inquiry into an investigative detention,
the requirement to administer Miranda warnings does not apply in
any event to an investigative detention (as opposed to a full-blown
arrest). See Berkermer v. McCarty, 104 S.Ct. 3138 (1984).
43. False. Courts in New Jersey have expressed great concern with
the police practice that is sometimes referred to as “digging,” that is,
when a police officer seeks to use the opportunity of a routine traffic
stop to conduct a criminal investigation in the hope of fortuitously
uncovering evidence of a crime. See, e.g., Hornberger v. American
Broadcasting Company, 351 N.J. Super. 577 (App. Div. 2002) (court
sought to discourage police from turning a routine traffic stop into a
“fishing expedition for criminal activity unrelated to the stop,” citing
State v. Carty, 170 N.J. 632 (2002)). To the extent that such “digging”
is often based on inarticulable hunches, courts are much more likely
to carefully scrutinize the encounter to make certain that
impermissible factors such as racial or ethnic stereotypes played no
role in the exercise of police discretion. It should be noted that the
prolongation of a stop could, depending on the circumstances, result
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in a Fourth Amendment violation if a court were later to find that the
encounter had escalated into a de facto arrest, which would be
unlawful if the officer at that moment was not aware of facts
constituting probable cause to believe that a criminal offense had
been or was being committed.
44. False. The New Jersey Supreme Court in State v. Carty, 170 N.J.
632 (2002), definitively ruled that police officers in this State are not
permitted to prolong the duration of a motor vehicle stop by asking a
motorist for permission to conduct a search unless the officer is aware
of facts that constitute a reasonable articulable suspicion to believe
that the consent search would reveal evidence of an offense. The
Court’s ruling in Carty was based on the State Constitutional
counterpart to the Fourth Amendment, and so any violation of this
new rule will automatically lead to the suppression of evidence
notwithstanding that the officer has not also violated the Fourteenth
Amendment Equal Protection Clause.
45. False. In State v. Bruzzese, 94 N.J. 210 (1983), the New Jersey
Supreme Court held that under the Fourth Amendment, “the proper
inquiry for determining the constitutionality of a search and seizure
is done without regard to the officer’s underlying motives or intent.”
Note that the approach used in resolving a Fourteenth Amendment
selective enforcement claim is very different; when a violation of the
Equal Protection Clause is alleged, the reviewing court may conduct
a wide-ranging inquiry in an effort to determine the officer’s purpose
and intent.
46. True. The New Jersey Supreme Court in State v. Maryland, 167
N.J. 471 (2001), made clear that it “did not intend to suggest that
ordinarily a proper field inquiry could not be based on a hunch.”
However, as a practical matter, a reviewing court is more likely to
closely examine the underlying basis for any such inarticulable hunch
to make certain that the police officer was not influenced by a racial
or ethnic stereotype. Police officers in this State should always be
consciously thinking not only about what they are doing, but also why
they are drawing the inferences that they are drawing or making the
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decisions that they are making.
47. True. The purpose of “screening” is to determine the strengths
and weaknesses of a case and the likelihood of obtaining a conviction
at trial. Prosecutors will therefore consider, among other things, the
possibility that physical evidence or statements might be suppressed
based upon a constitutional violation. In other words, prosecutors
may anticipate that a defendant would challenge a stop, arrest or
search, and prosecutors will consider, based upon the information
available, both the risk that the State would ultimately lose a motion
to suppress, and the costs and expenditure of resources that would
be involved in litigating any such motion.
48. True. Some courts have held that posing an accusatorial
question automatically converts a field inquiry into an investigative
detention. See, e.g., State in the Interest of J.G., 320 N.J. Super. 21
(App. Div. 1999). But even if the courts ultimately do not uniformly
establish a strict, bright-line rule concerning accusatorial questions,
they will certainly consider the accusatorial nature of questions as
part of the “totality of the circumstances” in deciding whether a policecitizen encounter is no longer consensual and has become an
investigative detention. In State v. Maryland, 167 N.J. 471 (2001), the
New Jersey Supreme Court explained that in making this
determination, a reviewing court should consider whether the officer’s
questions were “put in a conversational manner,” and whether those
questions were “overbearing or harassing in nature.” Most recently in
State v. Neshina, 175 N.J. 502 (2003), the New Jersey Supreme Court
suggested that a field inquiry involves questions that are not
accusatory in nature.
49. False. Except when responding to a suspect-specific B.O.L.O.
situation, law enforcement officers in this State are prohibited from
considering a person’s race or ethnicity to infer that person may be a
member of a criminal organization. Law enforcement officers should
instead focus on the person’s conduct, including, where appropriate,
expressive conduct such as the decision to display particular clothing,
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jewelry, tattoos, etc. Such physical characteristics might suggest that
the person has chosen to affiliate with a particular gang.
50. False. Under the Fourth Amendment and its State Constitutional
counterpart, law enforcement officers in this State are always
authorized to order the driver of a lawfully stopped vehicle to step out,
since that police action is not deemed to constitute a further intrusion
on Fourth Amendment liberty or privacy rights. See State v. Smith,
134 N.J. 599 (1994). The Equal Protection Clause of the Fourteenth
Amendment, however, provides constitutional standards and
safeguards that are distinct from the Fourth Amendment right to be
free from unreasonable searches and seizures. The rule in New Jersey
is that law enforcement officers are prohibited from taking any action
that is based upon a person’s race or ethnicity (other than when
responding to a suspect-specific B.O.L.O. situation). Thus, if a police
officer were to order the driver of a lawfully detained vehicle to step
out of the vehicle based on the motorist’s race or ethnicity, that
decision would violate New Jersey’s strict policy prohibiting raciallyinfluenced policing.
51. True. Under the Fourth Amendment, any observed motor vehicle
violation, however minor, would provide an objective basis for
initiating a motor vehicle stop. Law enforcement officers must expect,
however, that reviewing courts would be especially skeptical and
probing when a stop is based on a very minor violation, since that
situation suggests that the vehicle had been selected for police
scrutiny and intervention for some ulterior reason. Remember that
the test under the Fourteenth Amendment Equal Protection Clause
and New Jersey’s statewide policy prohibiting racially-influenced
policing is whether the officer would have treated the person/motorist
differently had that person been of a different race or ethnicity.
Because reviewing courts are concerned about potential abuses of
police discretion, they are likely to examine more closely encounters
that involve a wide latitude of discretion, as compared to stops for very
serious violations (such as drunk driving or excessive speeding),
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where officers have less discretion to simply ignore the violation.
Whenever an officer makes a stop based upon a comparatively minor
infraction, he or she should be prepared to explain exactly why this
particular vehicle was selected to be stopped from among the universe
of vehicles that were committing motor vehicle offenses that were at
least as serious.
52. False. Police officers, of course, must always exercise caution.
After all, “Rule Number 1” of police work is that an officer is expected
to go home safe and sound at the end of his or her duty shift. It is
nonetheless inappropriate as a matter of sound law enforcement
policy for police to treat motorists stopped for mere motor vehicle
violations as if they were criminal suspects (unless there is some
objective basis for believing they are engaged in criminal activity).
See, e.g., Hornberger v. American Broadcasting Company, 351 N.J.
Super. 577 (App. Div. 2002) (court found that officer’s demand for
passengers to produce identification during traffic stop was
unreasonable since there was no basis to suspect that the passengers
were armed, dangerous or involved in any criminal activity; the court
sought to discourage police from turning a routine traffic stop into a
“fishing expedition,” citing to State v. Carty, 170 N.J. 632 (2002)).
However a police officer may choose to treat citizens in general, the
officer must always be aware that the Fourteenth Amendment Equal
Protection Clause and our statewide policy prohibiting raciallyinfluenced policing requires that all citizens be treated equally. This
means that an officer may not treat a minority citizen differently from
the way the officer treats nonminority citizens encountered in a
similar situation.
53. True. To establish a violation of the new crime of “official
deprivation of civil rights,” the State must prove that the officer acted
with the purpose to discriminate or intimidate, and that the officer
knew that his or her conduct was unlawful. See N.J.S.A. 2C:30-6. It
should be noted that the statute expressly provides that the officer’s
knowledge may be proved by establishing that the officer had made a
false statement or prepared a false report, or had failed to prepare a
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report when required to have done so. N.J.S.A. 2C:30-6d. In other
words, lying about one’s conduct, or trying to conceal one’s conduct
by not filing a report, establishes an inference that the officer knew
that his or her conduct was unlawful.
54. False. The “B.O.L.O. exception” applies to a wide range of
situations where a law enforcement officer is looking for a particular
individual or individuals. Radio broadcasts and amber alerts are only
two means by which information may be communicated by and
among law enforcement officers. Law enforcement officers may, of
course, rely upon information that has not been reviewed or
“approved” by a superior officer.

55. False. The so-called “B.O.L.O. exception” to the general rule
prohibiting law enforcement officers in this State from considering
race or ethnicity in exercising discretion applies to any situation
where law enforcement officers or agencies have a legitimate interest
in identifying and finding a specific individual or individuals. The
B.O.L.O. exception is not limited to crimes of any particular degree.
Indeed, the B.O.L.O. exception can apply to any person that the police
want to find, including people who are not even suspected of criminal
activity, such as material witnesses, victims, and missing persons.

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ANALYTICAL DISCUSSION OF FACTUAL SCENARIOS
Unlike the true/false questions in Part I, there are not
necessarily “right” or “wrong” answers to the issues raised by the
factual scenarios described in Part II. Any ruling issued by a
reviewing court might depend in part on the court’s assessment of the
credibility of witnesses, and on additional information that is not set
forth in the text of these factual scenarios.
Discussion of Factual Scenario #1:
Vehicles: The Luxury Sedan

Watching Out for Stolen

This scenario examines the practice of inferring that a vehicle
may be stolen because the occupants do not appear to “match” the
vehicle. If any such suspicion were to be based on the race or
ethnicity of the occupants, then this inference would constitute
racially-influenced policing in violation of our statewide policy
prohibiting police discrimination set forth in Attorney General Law
Enforcement Directive 2005-1. But before examining the Fourteenth
Amendment Equal Protection Clause issues raised in this scenario, we
will first address the relevant Fourth Amendment issues.
In State v. Donis, 157 N.J. 44 (1998), the New Jersey Supreme
Court ruled that a police officer may conduct a motor vehicle/NCIC
inquiry (i.e., “run the plates” of a vehicle) before observing any motor
vehicle violation. This is sometimes referred to as a “random” check.
The Court in Donis interpreted a state statutory provision, however,
to restrict a patrol officer’s access to “personal information” such as
the name, address, and criminal history of the registered owner
unless the initial information provided during a random check
discloses a basis for further police action. Accordingly, the computer
system administered by the New Jersey State Police will only provide
limited information to police officers running a “random” check,
namely, whether the vehicle had been reported stolen, whether the
registered owner of the vehicle has a revoked or suspended operator’s
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license, and whether the license plates of the vehicle match the
description of the vehicle from MVC records.
Once the officers in this scenario observed a motor vehicle
violation, they were at that point entitled to run a more complete
computer inquiry and were authorized to access so-called personal
information from the database, including the name, gender and date
of birth of the registered owner. (Note that MVC computer records do
not document the race of licensed drivers and registered owners.)
In this case, the ensuing motor vehicle stop was essentially a
“pretext.” The officers were obviously relying upon a comparatively
minor violation to justify the stop, even though ordinarily, they would
probably not bother to stop a vehicle that was traveling in a line of
traffic and that was going only a few miles per hour over the posted
speed limit. The ulterior reason for the stop, of course, was to
investigate the possibility that this vehicle may have been stolen.
A pretext stop is not necessarily unlawful, so long as the true
reason for the stop is not itself unlawful. Under the Fourth
Amendment, courts use what is called an “objective” test of
reasonableness, meaning that reviewing courts are generally not
concerned with underlying or ulterior reasons for initiating a Fourth
Amendment seizure, so long as the officers had actually observed a
motor vehicle violation. See Whren v. United States, 116 S.Ct. 1769
(1996) (Court refused to examine whether a police officer’s conduct
was based on a “pretext”); see also State v. Bruzzese, 94 N.J. 210
(1984) (the Fourth Amendment proscribes improper conduct, not
improper thoughts).
It should be noted that the limited facts recited in this scenario
do not suggest that a B.O.L.O. (“Be on the Lookout”) had been issued
for this particular vehicle, or for any specific individual or individuals
who are suspected of automobile theft.

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Furthermore, the officers had not observed any conduct
consistent with theft. The vehicle was not being operated in a reckless
manner that might suggest that the driver was unconcerned for the
welfare of the vehicle or was otherwise engaged in “joyriding.”
There was also no indication that the vehicle had been damaged
in a way that would suggest that it had recently been broken into.
(The officers confirmed that the vehicle was not damaged when they
were able to approach it on foot and examine it at close quarters. It
should be noted that at this point, if they had observed some form of
damage consistent with theft, they would only have become aware of
that fact after the stop had already been initiated. In that event, any
such observation could not be used to justify their initial decision to
stop this vehicle.)
This brings us to the more difficult question whether the police
conduct described in this scenario constitutes racially-influenced
policing. In State v. Segars, 172 N.J. 481 (2002) (per curiam), the New
Jersey Supreme Court made clear that while police do not have to
have a reasonable suspicion before they conduct a computer lookup,
such checks cannot be based upon impermissible motives such as
race.
To address the Fourteenth Amendment Equal Protection issue,
we must examine and interpret the officers’ intentions and the true
reason(s) for their exercise of discretion in first “running the plates”
and later in ordering the vehicle to pull over. When Officer Smith
referred to “two black guys” who appeared to be teenagers, we must
determine whether he was merely describing the vehicle occupants,
or whether the fact that the occupants were African-American played
a role in precipitating or bolstering his “hunch” that this vehicle might
be stolen. In the same vein, when Officer Jones remarked, “That
doesn’t seem quite right.” we must determine exactly what it was
about the situation that seemed to him to be suspicious or at least
odd. Was Officer Jones suggesting that it was unusual for a teenager
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to be driving a luxury sedan, or was he suggesting that it was unusual
for an African-American teenager to be driving such a vehicle?
The critical question that must be answered in this case, of
course, is whether the officers were in fact relying to any degree on a
racial stereotype, and specifically the notion that young minority
citizens are more likely than young non-minority citizens to steal
vehicles. Relatedly, we must determine whether the officers were
relying on the notion that minority citizens tend to be less affluent,
and therefore would be less likely to be able to afford to lease or
purchase a new Mercedes Benz sedan. This stereotype might also be
premised on the closely-related notion that a minority citizen who is
able to lease or purchase such a vehicle is more likely than a
nonminority citizen to be engaged in some illicit profit-making
enterprise, such as drug trafficking.

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Reviewing courts in New Jersey will be sensitive to these issues,
and will be looking closely to see whether the police relied upon such
broad-brushed, race-based stereotypes to justify initiating a motor
vehicle stop for a comparatively minor violation, especially if other
vehicles at the same time and place were committing the same
violation but were not targeted for police scrutiny. Always remember
that the gist of a “selective enforcement” claim under the Fourteenth
Amendment is that the individual was “selected” for police
intervention based on some impermissible criterion.
Some courts reviewing this factual scenario would be likely to
draw an inference that race had played a role in the exercise of police
discretion. In that event, the “burden of production” would shift to
the officers to provide a race-neutral explanation for the way in which
they exercised their discretion.
The key question raised by this scenario is whether these officers
would have “run the plates” of this vehicle, and would have stopped
it, had the occupants instead been Caucasian teenagers, rather than
African-American teenagers. If the answer to that question is no, then
the race of the occupants would have played a role in the exercise of
police discretion in violation of our statewide nondiscrimination policy.
This question can best be answered simply by asking the officers
to explain their reasons. It should also be noted that in the course of
litigation, a court might consider evidence of other encounters
involving these officers, and might also consider aggregate statistics
to see if there is a “pattern” of treating minority citizens differently
from nonminority citizens when investigating the possibility that a
vehicle might be stolen.
Finally, it is important to note that if, in fact, the officers in this
scenario had impermissibly relied on the vehicle occupants’ race to
draw or support an inference of criminality, it would not matter that
the driver had not been issued a summons for the minor motor vehicle
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violation. Whenever a law enforcement officer engages in raciallyinfluenced policing, it cannot be said that “no harm” was done, since
the prohibited practice is itself harmful.

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Discussion of Factual Scenario
Infrastructure: The Citizen “Tip”

#2:

Protecting

Critical

We begin our analysis of this factual scenario by considering the
Fourth Amendment implications of the police conduct.
Law
enforcement officers are, of course, authorized -- indeed are expected
-- to investigate possible criminal activity, and are also authorized to
respond to unusual situations under the so-called “community
caretaking” doctrine.
In this instance, the suspicious conduct described by the citizen
(who provided his name and therefore is not an “anonymous” tipster)
may not be criminal per se. Based on the description of the area
surrounding the reservoir and the location of the warning signs on the
fence, it is by no means clear that the act of walking up the grassy
slope toward the stone retaining wall constitutes defiant trespass in
For purposes of the Fourth
violation of N.J.S.A. 2C:18-3b.
Amendment, however, it does not matter that there may have been a
perfectly innocent explanation for why these adults climbed the hill to
observe (and perhaps photograph) the reservoir. That is what an
investigation would ultimately determine. See State v. Arthur, 149
N.J. 1 (1997) (“it must be rare indeed that an officer observes behavior
consistent only with guilt and incapable of innocent interpretation.”).
See also State v. Pineiro, 181 N.J. 13 (2004) (the fact that purely
innocent connotations can be ascribed to a person’s actions does not
mean that an officer cannot base a finding of reasonable suspicion for
an investigatory stop on those actions so long as a reasonable person
would find the actions are consistent with guilt).
Because the observed conduct in this instance was consistent
with a possible threat posed to public safety, the police clearly had a
legitimate basis under the Fourth Amendment to investigate the
situation, and to initiate a consensual field inquiry if not an
investigative detention. See State v. Neshina, 175 N.J. 502 (2003)
(Officer was permitted to approach defendant and ask for credentials
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where defendant was on school property late at night when school was
closed, defendant’s vehicle was not parked in lighted school parking
lot, and defendant offered no legitimate explanation for being on
school grounds).
We must next consider the Fourteenth Amendment Equal
Protection Clause implications of the police decisions that were made.
The more difficult question raised in this scenario is whether the
police had inappropriately relied upon ethnicity, that is, the fact that
the two men walking near the reservoir appeared to be of MiddleEastern ancestry. Officer Jones (the officer who was dispatched to
the scene) was only responding to a description of two specific
individuals that was part of a B.O.L.O. (“Be on the Lookout”) alert.
Officer Jones had no choice but to look for the persons described in
the radio dispatch. The real question, therefore, is whether Officer
Smith had inappropriately relied upon ethnicity in exercising police
discretion by dispatching another officer to investigate the citizen’s tip.

In this instance, Officer Smith’s conduct appears to be
appropriate. A police officer in these circumstances is permitted,
indeed would be expected to act upon the information provided by the
private citizen.
It is certainly conceivable, of course, that the private citizen had
himself relied at least in part on apparent ethnicity in concluding that
the two men near the reservoir were “suspicious.” It may well be true
that the citizen was reacting to the tragic events of 9-11, and that he
may have been suspicious of the two individuals that he observed by
virtue of their apparent ethnicity or national origin. The Fourteenth
Amendment Equal Protection Clause, however, does not apply to the
inferences drawn or actions taken by private citizens. Rather, the
Equal Protection Clause only imposes limits on the exercise of
governmental authority.

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That does not mean that police can automatically rely upon all
information provided by citizens without regard to the Equal
Protection Clause or the nondiscrimination policy set forth in
Attorney General Law Enforcement Directive 2005-1. Rather, it
means that law enforcement authorities when using information
provided by citizens must conduct their own analysis to determine
whether there is an adequate, race-neutral basis for taking further
governmental action. The critical question in this case is whether
Officer Smith would have dispatched another officer to the scene if the
citizen had merely reported that he saw two adult males walking near
the reservoir retaining wall, and had not described their apparent
ethnicity.
In addressing that critical question, it is important to note that
the citizen reported observed facts that, while not necessarily criminal
per se, are nonetheless suspicious or at least unusual. (Had the
citizen instead reported that two “Arab-looking” men were simply
walking on the sidewalk, that information would, of course, provide no
legitimate basis for police action.) In sum, the citizen’s “tip” included
factual information regarding unusual conduct, which in turn would
justify Officer Smith’s decision to dispatch another officer to
investigate the situation. (The citizen tipster had related that it was
unusual for adults to climb up the steep hill, and also provided
information suggesting the possibility that one of the men had a
camera or video recorder. The possible use of a camera raises
security concerns since terrorists are known to photograph their
targets so they can identify security weaknesses and infrastructure
vulnerabilities when planning an attack.)
Once again, the critical Fourteenth Amendment question in this
case is whether Officer Smith would have handled the situation
differently if the two men had not been described by the citizen tipster
as appearing to be from the Middle East (referring to their apparent
ethnicity). This question forces us to speculate as to the thought
processes of Officer Smith. A supervisor in this situation could
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address the issue simply by asking Officer Smith whether he would
have reacted differently if the two adult males had not been described
by the citizen tipster as being “Arab-looking guys.” We might also
consider other information about different encounters that would
allow us to consider how Officer Smith has handled similar situations
in the past.
If we were to conclude that Officer Smith would not have
bothered to dispatch an officer had the suspicious males not appeared
to be of Middle-Eastern ancestry, then the officer’s decision would
have been based at least in part on an ethnicity-influenced stereotype
(the notion that “Arab-looking” persons are more likely to be
terrorists), in violation of the statewide nondiscrimination policy.

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Discussion of Factual Scenario #3:
Interdiction

Train Station

The factual scenario begins by reciting what is essentially a raceneutral “profile” based upon police experience, namely, the
documented historical fact that drug dealers from Eastburg travel by
train to New York City to purchase illicit drugs for local redistribution.
It is further believed that these dealers travel in pairs when making
“runs” into New York City.
This “profile” essentially describes the modus operandi or
“method of operation” of local drug traffickers. Note that this profile
focuses on conduct, rather than on race or ethnicity. (By way of
example, travel to or from a known “source city” of illicit drugs is a
form of conduct that may be considered as part of a legitimate, raceneutral drug courier profile.) Police agencies are permitted to collect,
analyze and rely upon this kind of information when drawing
inferences of criminal suspicion when officers encounter persons
whose conduct is consistent with the essential features of the modus
operandi profile. See State v. Stovall, 170 N.J. 346 (2002). The real
challenge, of course, lies in how that information is actually used out
in the field when making police decisions.
From a Fourth Amendment perspective, police officers are always
permitted to conduct a consensual “field inquiry.” See State v.
Maryland, 167 N.J. 471 (2001). In other words, police officers are
allowed under the Fourth Amendment to approach citizens under
circumstances where the citizens would reasonably believe that they
are free to walk away or ignore the officers. In this instance, a
reasonable person would probably understand that he or she is not
required to engage the police officers in conversation, and in fact, one
of the males essentially turned his back on the police. See State v.
Pineiro, 181 N.J. 13 (2004) (field inquiries are permissible so long as
they are not harassing, overbearing or accusatory in nature. This
means that the person approached in a field inquiry need not answer
any question put to him, and the person may decline to listen to the
question at all and may go on his way).
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It thus appears that the officers had not conducted an
investigative detention or so-called “Terry” stop, at least at the outset
of the encounter. It should be noted, however, that once Officer Jones
posed what could be described as an “accusatorial” question, that is,
a question that presupposes criminal activity (“You don’t have
anything on you you shouldn’t have, do you?”), the encounter may
have escalated into an investigative detention. Compare State in the
Interest of J.G., 320 N.J. Super. 21 (App. Div. 1999) (posing an
accusatorial question converted a field inquiry into a “Terry” stop
requiring articulable suspicion) with State v. Rodriquez, 172 N.J. 117
(2002) (Court declined to decide whether an accusatorial question
automatically transforms
a field inquiry into an investigative
detention) and State v. Neshina, 175 N.J. 502 (2003) (Court suggested
that a field inquiry involves questions that are not accusatory in
nature).
If a reviewing court were to conclude that the encounter had
become an investigative detention, then the police conduct would be
unconstitutional, since the officers did not have a reasonable
articulable suspicion that these two individuals were engaged in
criminal activity. While race-neutral modus operandi profiles are
relevant as part of the “totality of the circumstances” and may be
considered by police in drawing inferences of possible criminal
activity, they rarely, if ever, are sufficient by themselves to justify an
investigative detention or “seizure” under the Fourth Amendment.
See, e.g., Reid v. Georgia, 100 S.Ct. 2752 (1984) (per curiam) (drug
courier profile by itself did not establish reasonable suspicion).
The more complex issue raised in this scenario is whether and
to what extent the officers had relied on apparent ethnicity in
determining whether these individuals “fit the profile.” While a
consensual field inquiry does not constitute an intrusion of Fourth
Amendment rights, the New Jersey Supreme Court has made clear
that this exercise of police discretion is subject to limitations based on
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the Equal Protection Clause of the Fourteenth Amendment. See State
v. Maryland, 167 N.J. 471 (2001). If, in fact, the officers had relied on
ethnicity in selecting these two individuals for police scrutiny from
among the many other travelers on the train platform, then the State’s
policy prohibiting racially-influenced policing would have been
violated. The critical question that must be answered under Attorney
General Law Enforcement Directive 2005-1 may be simply stated:
would the officers have chosen to approach and converse with these
two individuals if they had been young nonminority males rather than
Hispanic males?
Were this scenario to be reviewed by a court, it is likely that the
so-called “burden shifting template” would be invoked. This means
that it would be incumbent upon the State to produce evidence
suggesting a race-neutral explanation for the officer’s exercise of
discretion. In that event, these officers would be expected to explain
why exactly they selected these two individuals to initiate a field
inquiry. (We simply do not know how many other persons on the train
platform (if any) were approached by these officers before (or after)
they selected the two Hispanic males.)
It is important to note that it does not appear from the limited
facts recited in the scenario that the officers recognized these
particular individuals from prior dealings or observations. This was
not a case, for example, where the officers had reason to believe that
these specific individuals had boarded an earlier train to New York
City that day. (The fact that specific individuals would travel
repeatedly on the same day to a drug source city would be consistent
with the modus operandi profile of individuals making frequent “runs”
to purchase drugs. Cf. State v. Maryland, 167 N.J. 471 (2001) (Court
found that the officer had approached the defendant only because he
was one of three black males that the officer had seen at the train
station a week earlier, raising an inference of selective enforcement)).
Nor is there any indication that the officers were aware that these two
specific individuals had previously been involved in or suspected of
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drug trafficking.
Finally, it is important to note that the fact that the officers
conducted the encounter in a polite and professional manner would
by no means rectify the situation if, in fact, the initial decision to
target these two individuals had been based to any degree on their
apparent ethnicity.

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Discussion of Factual Scenario #4: Road Stop En Route to the
Open Air Drug Market
This scenario raises a number of issues that are discussed
throughout the training program, including the legitimacy of using law
enforcement “profiles,” and when police are permitted to infer that an
individual appears to be “out of place” in a particular neighborhood.
This scenario also raises the issue of when and under what
circumstances police may use a “pretext” to justify a motor vehicle
stop.
The “profile” used in this case is that out-of-town motorists travel
to a particular neighborhood to purchase drugs in a notorious open
air drug market. This information describes the modus operandi or
method of operation of drug purchasers and is based upon historical
knowledge that is, on its face, race-neutral. The real issue, of course,
is how such historical or intelligence information is actually used by
law enforcement officers in the field to target individuals for police
scrutiny and intervention.
From a Fourth Amendment perspective, it is clear that police
officers are permitted to initiate a motor vehicle stop based on an
observed motor vehicle violation (in this case, changing lanes and
making a turn without giving a proper signal). The observed motor
vehicle violation, in other words, provides an objective basis to justify
a motor vehicle stop under the Fourth Amendment. The real question
raised by this scenario, however, is whether the officers’ conduct
violates the Equal Protection Clause of the Fourteenth Amendment
and New Jersey’s policy prohibiting discriminatory policing set forth
in Attorney General Law Enforcement Directive 2005-1.
Relying upon this “profile” of the known modus operandi of
criminals, it would be appropriate for police officers on patrol to focus
attention on out-of-town motorists who are traveling toward the open
air drug market at a time of day when the market is active. The
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practical problem, however, is how police officers would go about
determining in the first place that individuals in a particular vehicle
are not local residents. The statewide policy prohibiting raciallyinfluenced policing prohibits officers from considering a person’s race
or ethnicity as the basis for drawing an inference that the person
seems to be “out of place” because he or she does not match the racial
or ethnic composition of a particular area or neighborhood.
One of the critical questions that must be asked in this scenario,
therefore, is why exactly the officers focused their attention on the
three individuals in the gray BMW. Put another way, would the
officers have acted differently had the gray BMW contained three
African-American citizens?
Because this vehicle first came to the officer’s attention while it
was stopped at a traffic light, their decision to scrutinize this vehicle
could not have been based on unusual conduct of the vehicle itself,
that is, the manner in which it was being operated. This is not a case,
for example, where the officers focused their attention on this vehicle
because it was cruising slowly through the open air drug market, or
had pulled over to engage suspected drug dealers in conversation as
a prelude to an illegal drug transaction. Rather, it appears that the
officers’ attention was focused on the vehicle because the vehicle and
its occupants appeared to be “out of place.” Therefore, we must
consider what led the officers to suspect that these three individuals
were en route to the open air market.
It should be noted that there is no indication in this factual
scenario that the officers recognized these specific individuals or this
particular vehicle from any prior encounters. Nor is there any
indication in this limited “record” that the officers had any objective
reason to believe that these particular individuals had previously
engaged in criminal or even suspicious activity.
When Officer Smith referred to “[t]he three white guys in the gray
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Beemer,” we must determine whether he was merely providing his
partner with a description of the occupants (just as the use of the
term “gray” was used to describe the vehicle), or whether instead the
officer’s suspicions had actually been aroused by the occupants’ race.
A fair inference can be drawn that in this case, the occupants’ race did
indeed play a role in the manner in which the officers drew an
inference of criminality and thereafter exercised police discretion. It
is therefore likely that a reviewing court would conclude that the
burden of production has shifted to the State to provide a race-neutral
explanation for why the officers focused their attention on this vehicle
and decided to follow it. In other words, it will be incumbent on these
officers to explain their actions, demonstrating that race was not
involved in their decision-making processes.

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If race did in fact play a role in the exercise of police discretion,
it is irrelevant that the officers were acting in good faith, and may have
earnestly believed that they were doing these citizens a “favor” by
initiating a motor vehicle stop before the individuals had an
opportunity to engage in conduct that might have led to an arrest and
criminal prosecution, or that may have put these citizens at risk of
injury given the dangers inherent in illicit drug transactions. It seems
evident, moreover, that these officers earnestly hoped to prevent the
commission of a crime, and sought to discourage these individuals
from attempting in the future to purchase illicit drugs in this town.
Certainly, there is no indication at all that these officers are bigoted,
or that they in any way sought to harass these individuals based on
their race. That is not the test, however, for determining whether the
officers had inappropriately relied upon race in exercising police
discretion. In the absence of a race-neutral explanation, it appears
that these officers violated the State’s strict policy prohibiting raciallyinfluenced policing set forth in Attorney General Law Enforcement
Directive 2005-1.
Finally, it should be noted that this scenario also involves what
could be described as a “pretext” stop, that is, a stop that purports to
be a routine motor vehicle stop based on an observed motor vehicle
violation, when, in reality, the decision to select this vehicle to be
stopped was based on a suspicion of anticipated criminal activity. It
is critical to note that pretext stops are not automatically illegal.
Indeed, the general rule is that it is legally irrelevant that officers have
an ulterior or pretextual reason for exercising police discretion,
provided that the true reason for the exercise of police discretion is
itself permissible. If, in contrast, an ulterior reason for making a stop
is based to any degree on the impermissible use of race or ethnicity,
then the ensuing exercise of police discretion is tainted to the extent
that the officers would not have initiated the stop if the motorists had
been of a different race or ethnicity, and in that event, the pretext stop
would be deemed to be illegal under the Fourteenth Amendment
Equal Protection Clause. In other words, the fact that the officers
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actually observed a motor a vehicle violation (which would ordinarily
automatically justify a motor vehicle stop under the Fourth
Amendment) would not salvage the legality of the stop if the decision
to actually stop the vehicle was based to any degree on the race or
ethnicity of the vehicle occupants.

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Discussion of Factual Scenario #5: Pedestrian Encounter in the
Town Square
This scenario provides yet another example of a
police
determination that certain individuals appear to be “out of place” in
a particular neighborhood. Although the officers had been instructed
to be alert for “suspicious” individuals, they were not responding to a
B.O.L.O. (“Be on the Lookout”) bulletin for specific suspects. There is
simply no description in the scenario of specific individuals who were
believed to have committed any of the prior crimes in the town square
area. There is no indication in this scenario that Officers Smith and
Jones recognized any of the five African-American citizens from an
earlier encounter, which might provide some objective basis to believe
that they were engaged in inappropriate or illegal conduct. Nor is
there anything in the scenario to suggest that the culprits for the prior
crimes were believed to be traveling in groups of five or more (which
might conceivably distinguish such a group from other persons or
couples walking the streets).
Furthermore, while the five African-American males were “talking
loudly,” there is no indication that they were engaged in disorderly
conduct. In other words, these individuals’ conduct does not appear
to provide a basis for police scrutiny or intervention.
Under the Fourth Amendment, police officers do not need to have
an articulable suspicion before they can initiate a consensual field
inquiry. See State v. Maryland, 167 N.J. 471 (2001). The Fourth
Amendment question, therefore, is whether a reasonable citizen in
these circumstances would believe that he or she would be free to
walk away from the approaching police officers. Even if a reasonable
citizen would come to that conclusion at the outset of this encounter,
the situation might well have changed once the officer “requested” to
see a driver’s license. Compare State v. Sirianni, 347 N.J. Super. 382
(App. Div. 2002) (a police request for identification does not, by itself,
constitute a seizure or detention within the meaning of the Fourth
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Amendment and thus need not be based on reasonable articulable
suspicion to believe the person has committed a crime). However, it
is likely in these circumstances that many citizens would believe that
this request (“I’m gonna need to see a driver’s license”) was in fact a
“demand,” and that they would not be permitted to simply walk away
without displaying a valid driver’s license. See State v. Maryland, 167
N.J. 471 (2001) (an officer would not be deemed to have seized
another if his questions were put in a conversational tone, he did not
make demands or issue orders and his questions are not overbearing
or harassing in nature).
If a reasonable person would interpret the officer’s statement as
a demand to produce a driver’s license, then this encounter would be
deemed to be a “Terry” stop – one that would be illegal under the
Fourth Amendment because the officers did not at that moment in
time have a reasonable articulable suspicion to believe that criminal
activity was afoot. Compare State v. Davis, 104 N.J. 490 (1986)
(suspects were not free to leave when officer encountered two
individuals reported by a citizen informer to be loitering on bicycles at
a closed gas station; the officer has posed several questions, including
a request for identification; in this case, the “Terry” stop had been
based upon reasonable articulable suspicion, and the scope and
duration of the stop was held to be reasonable).
As importantly, the police conduct in Factual Scenario #5
appears on its face to violate the Fourteenth Amendment Equal
Protection Clause and our statewide nondiscrimination policy set forth
in Attorney General Law Enforcement Directive 2005-1. The facts in
this scenario raise a clear inference that race played a role in the
exercise of police discretion, and that the officers had targeted these
five African-American males for police scrutiny and intervention by
using their race to distinguish them from the hundreds of other
individuals who were walking the streets that night. The limited facts
recounted in this scenario suggest that the officers sought to send a
clear message to these citizens that they would be closely watched,
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and that they are not welcome in the town square district. In these
circumstances, it is highly likely that a reviewing court would
conclude that the “burden of production” has shifted to the State to
provide a race-neutral explanation for the officers’ decision to initiate
a field inquiry. This means that the officers would be required to
explain why they had selected these five individuals from among the
others on the street, and to show that they had not relied on race as
a factor in making this decision.
It should be noted that it is irrelevant that other citizens out on
the street that night appeared to have been intimidated or at least
annoyed by the presence of these five African-American males (as
evidenced by some citizens choosing to cross to the other side of the
street). There is no indication in this scenario that the AfricanAmerican males had done anything (besides merely being present) to
harass other citizens. Private citizens, of course, are not subject to
the Fourteenth Amendment Equal Protection Clause and are free to
draw any inferences and harbor any suspicions they want to,
including fears based on broad-brushed stereotypes.
Law
enforcement officers, in contrast, are duty bound to comply with all
provisions of the Constitution and may not treat citizens as potential
criminals or troublemakers based on their race.
It should be noted, finally, that community business leaders
clearly wanted and expected the police department to be aggressive
in preventing and deterring criminal activity. It is possible that these
community leaders might applaud rather than criticize Officers Smith
and Jones for the way that they handled the situation. However,
police officers in this State are strictly prohibited from using tactics
that violate the statewide policy prohibiting racially-influenced
policing.

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Discussion of Factual Scenario #6:
Investigation

Drive-by Shooting

The two detectives in this scenario were “following leads” as part
of an ongoing investigation of a reported crime, and were not
inappropriately relying on race or ethnicity to draw inferences of
criminality. Most examples of racially-influenced policing tend to
involve spontaneous police-citizen encounters where police officers
are first trying to determine proactively whether a crime is being
committed. (This typically occurs when an officer is trying to turn a
routine encounter such as a traffic stop into a broader criminal
investigation.) Police officers in this State are permitted and are
expected to pursue leads during the course of an ongoing criminal
investigation, wherever they may go, and detectives may focus their
attention on any and all persons who may have information about a
particular crime or about a particular criminal organization that may
be involved in that crime.
In this case, the detectives had reason to believe that the
shooting victim was a member of a particular gang. That gang, in
turn, was believed to be engaged in ongoing conflicts with other gangs.
Furthermore, there is a basis to believe that the shooting itself may
have been racially motivated. Race, in other words, is part of this
investigation and cannot be ignored or discounted.
The detectives were clearly permitted to speak to the three
African-American males in the hospital waiting room. Their very
presence at the hospital demonstrated a relationship with the victim,
suggesting that they might have pertinent information concerning the
circumstances or motivation for the shooting. So too, the detectives
could consider the fact that these persons were wearing the “colors”
of the Lords gang, again suggesting that they might be aware of
information concerning the ongoing intergang rivalry.
It was also entirely appropriate for the detectives to visit
locations where other members of the victim’s gang are known to
congregate. Similarly, it was appropriate for the detectives to go to
locations that are believed to be frequented by members of any rival
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gang that might have been involved in the shooting. Once at these
locations, the detectives would be permitted to canvas patrons in the
hope of developing information useful to the ongoing criminal
investigation. While this might be described by some as a kind of
“fishing expedition,” this is appropriate and necessary police work as
part of an ongoing criminal investigation.
A question might be raised concerning the manner in which
Detectives Smith and Jones selected the individuals sitting at a
particular table at the first bar that they visited. (There is nothing in
this scenario to suggest that either detective personally recognized any
of the persons at this table from prior dealings. Nor does it appear
that the detectives had randomly selected this table, or that they were
methodically going from table to table seeking information.)
In this scenario, the detectives could properly focus their
attention on those persons in the bar who might reasonably be
associated with the Northeast Hate Mongers gang. In this instance,
the physical appearance of the persons sitting at the table was
consistent with gang affiliation irrespective of their race. Their shaved
heads and tattoos are physical characteristics that are considered to
be a form of expressive conduct that the officers could certainly
consider in deciding who inside the bar might have information
relevant to the ongoing criminal investigation.
But even if the officers had not observed physical traits such as
shaved heads and tatoos, they would still have been permitted to
choose to first approach the persons at this table as a means of
efficiently “pursuing leads” in this particular investigation. It is
important to recognize that this scenario does not present a situation
where officers on proactive patrol are watching out for “generic” gang
members who they might happen to encounter by chance. Rather,
these detectives are investigating a specific crime involving a specific
gang -- one that has specific membership eligibility criteria. In
essence, the detectives were “on the lookout” for persons who could
be members of this specific gang as part of an ongoing investigation
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of a specific criminal event. In these circumstances, the officers could
certainly scan all of the persons present in the bar, and the detectives
could properly exclude from further consideration or interaction those
persons present in the bar who could not possibly be members of the
Northeast Hate Mongers skinhead group by reason of the group’s
known membership eligibility criteria.
(In this particular example, it is conceivable that everyone in the
bar was Caucasian, making race simply irrelevant as a “selection”
criterion. But if some African American patrons happen to have been
present, the detectives certainly need not have perfunctorily
approached such minority customers to inquire whether they are
aware of Northeast Hate Monger activity, since those minority patrons
could not possibly be members of the particular group that is the
focus of this part of the ongoing homicide investigation.)
In sum, it seems clear that the detectives in this scenario at no
time relied inappropriately upon race in violation of Attorney General
Law Enforcement Directive 2005-1.

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Discussion of
Investigation

Factual

Scenario

#7:

Residential

Burglary

The police conduct described in this scenario was perfectly
lawful and appropriate up to the point where the Lieutenant
instructed his subordinate to focus attention initially on those files
pertaining to African-American individuals (“Let’s start by checking
out the black suspects . . .”). That instruction constitutes a violation
of the State’s nondiscrimination policy set forth in Attorney General
Law Enforcement Directive 2005-1. There were no eyewitnesses to the
burglaries who reported that the perpetrator was African-American.
The Lieutenant in this scenario thus essentially relied on a hunch as
a shortcut to expedite the investigation. While law enforcement
officers are not prohibited from pursuing hunches, in this instance it
would be inappropriate to exercise police discretion based on a raceinfluenced stereotype of who is more likely to be a burglar, or an
addict. See State v. Maryland, 167 N.J. 471 (2001) (police may not
rely on a hunch that is “at least in part based on racial stereotyping”).

It is important to recognize that the general rule in this State
prohibiting any consideration of race or ethnicity in drawing
inferences of criminality is not limited to police officers who are
assigned to patrol duty. It is true that most examples of raciallyinfluenced policing are likely to involve spontaneous or unplanned
encounters with citizens, such as motor vehicle stops where officers
are first trying to determine whether any criminal activity may be
afoot. It is certainly possible, however, for detectives to violate
Attorney General Law Enforcement Directive 2005-1 while
investigating one or more crimes that have already been reported.
While detectives (and all other law enforcement officers) are
permitted and in fact are expected to diligently pursue leads during
the course of the investigation of a specific crime, those officers are
generally prohibited from using race or ethnicity as a factor in
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exercising discretion when deciding who to place under suspicion and
how to treat one or more individuals. (In this instance, the police
decision at issue was to put black individuals at the top of the list of
suspects to be scrutinized).
The State’s non-discrimination policy was violated in this
scenario notwithstanding that the Lieutenant’s instructions on how to
winnow down the list of suspects also included non-racial factors,
such as whether the individuals whose files had been collected are
likely to be addicts based on prior drug arrests, and whether any of
these individuals had recently been released from a jail or prison.
Police officers in this State may not consider a person’s race or
ethnicity to any degree in inferring the likelihood that an individual is
more or less likely to be engaged in criminal activity. This strict
prohibition applies notwithstanding any anecdotal experience or
aggregate statistics concerning the racial or ethnic characteristics of
persons who, in the past, committed the same type of crime that is
now the subject of ongoing investigation. It is simply inappropriate to
use either personal experience or aggregate statistics based on past
crimes committed by persons of a given race or ethnicity to support an
inference that other specific individuals of that race or ethnicity are
presently engaged in criminal activity.
Finally, it should be noted that the conduct described in this
scenario would constitute a violation of Attorney General Law
Enforcement Directive 2005-1 notwithstanding that, as yet, there has
been no Fourth Amendment intrusion. In this scenario, the persons
described in the suspect files would not even be aware that they were
being scrutinized by police as part of an ongoing criminal
investigation. The violation of the State’s nondiscrimination policy
nonetheless occurred and was complete at the moment that the
Lieutenant directed that race be used as a screening factor to winnow
down the list of possible suspects.

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-85-

Discussion of Factual Scenario #8: Scrutinizing and Intercepting
Vehicles Coming from the “Source” City
In this scenario, the police conduct violated the statewide
nondiscrimination policy set forth in Attorney General Law
Enforcement Directive 2005-1 because Officer Smith used the race of
vehicle occupants as one of several screening factors to decide which
plates to “run,” and which vehicles to stop. Attorney General Law
Enforcement Directive 2005-1 makes clear that police may not
consider a person’s race or ethnicity as a factor in drawing an
inference that the person may be involved in criminal activity, or as a
factor in exercising police discretion as to how to treat the person.
The violation of that policy occurred in this scenario notwithstanding
that the act of “running plates” does not intrude on Fourth
Amendment privacy or liberty interests.
In this scenario, the police in Westburg were responding to a
problem caused by aggressive enforcement in the nearby town of
Eastburg, which resulted in the displacement and relocation of drug
traffickers. These urban drug sellers were believed to be popping up
in other areas, having adapted their criminal modus operandi in
response to the Eastburg law enforcement initiative so that they could
continue to reach and service their lucrative suburban market. The
Westburg Police Department in these circumstances was certainly
permitted to develop a “profile” based on the new modus operandi of
the displaced drug traffickers, which could then be used to help
identify potential suspects. See State v. Stovall, 170 N.J. 346 (2002).
In this instance, moreover, police would be allowed to try to determine
a vehicle’s point of origin to see if that vehicle matches the profile
characteristic of recent travel from the specific jurisdiction known to
be a source of drugs. So too, officers would be permitted to consider
the number of occupants in a vehicle, consistent with the new modus
operandi of the displaced Eastburg drug dealers.
Under New Jersey law, police are permitted under the Fourth
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Amendment to “run the plates” of a vehicle and this can be done
either “randomly” or “for cause.” Police in this State, however, are not
permitted to access personal information during a so-called “random”
lookup (i.e., e.g., a situation involving a vehicle that had not been
observed to have committed a violation). See State v. Donis, 157 N.J.
44 (1998). Because Officers Smith and Jones were attempting to
determine the likelihood that vehicles traveling westbound on
Eastburg Avenue were coming from the City of Eastburg, they needed
to access such personal information from the computer database, and
so it was necessary for them to limit their scrutiny to vehicles that
were observed committing some kind of motor vehicle violation.
This kind of investigation would have been lawful had the officers
not considered race in exercising discretion. In this instance,
however, a violation of the statewide nondiscrimination policy
occurred at the moment the officers decided to explicitly use race as
a suspicion factor, notwithstanding that race was not the only factor
being considered in deciding which vehicles to target for a “for cause”
computer lookup. See State v. Patterson, 270 N.J. Super. 550, 559
(Law Div. 1993) (“ . . . an individual’s race cannot be considered at all
when conclusions are reached or assumed as to a ‘profile’ suggesting
criminal activity”).
It is important to note that in this scenario, the officer’s conduct
would not fall under the so-called “B.O.L.O. (Be on the Lookout)
exception” to the general rule prohibiting any consideration of race or
ethnicity. It is true that the officers were “looking out” for displaced
drug dealers, and it may well be true that many of those dealers were
minority citizens. However, the officers had no information pertaining
to specific individuals.
(If, in contrast, the Westburg Police
Department had been provided with a list of individuals who were
suspected of being Eastburg-based drug dealers who were no longer
plying their trade in Eastburg’s displaced open air markets, then the
Westburg officers would have been allowed to consider an individual’s
race in determining whether or not that individual was one of the
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persons on the specific B.O.L.O. list.) But in this scenario, the
Westburg officers were actually relying on a generalized profile, and
not a B.O.L.O. list.
Had the Westburg Police Department developed and
implemented a race-neutral profile, then such conduct would not be
deemed to violate Attorney General Law Enforcement Directive 20051. If, for example, the officers had “run the plates” of every vehicle
observed to have committed a violation, or had used some neutral
plan (such as random selection) designed to limit officer discretion
and provide assurances that the officers were not relying on an
impermissible criterion in deciding which plates to check, then our
statewide nondiscrimination policy would not have been violated. For
example, if Officer Smith had performed a lookup on every third or
every fifth observed violator, then he would be able to establish that
race or ethnicity had in fact played no role in deciding which plates to
run and which violators to ignore.
It should also be noted that by preferentially stopping those
vehicles that had been determined to be likely to be traveling from
Eastburg, it is conceivable that a comparatively large proportion of
those detained vehicles would be transporting minority citizens,
reflecting the racial composition of Eastburg. It would be reasonable
to anticipate that at least some reviewing courts might in that event
be skeptical of the manner in which police exercised discretion, and
so officers in those circumstances should be prepared to provide a
race-neutral explanation for the exercise of police discretion. (As
noted above, this could be done simply by showing that the police had
established and scrupulously implemented a race-neutral plan of
operation, such as one that relied on random selection, to identify
persons who might be displaced Eastburg drug traffickers.)
This scenario also raises questions concerning the use of socalled “pretext stops.” The general rule is that police are not
prohibited from having an ulterior reason for initiating a motor vehicle
-88-

stop, provided that the ulterior reason is not itself unlawful. See, e.g.,
Whren v. United States, 116 S.Ct. 1769 (1996) (plainclothes narcotics
detectives in an unmarked police vehicle stopped defendant’s vehicle
for a motor vehicle violation for the ulterior purpose of pursuing a
drug investigation). In this case, the ulterior purpose was to afford an
opportunity to investigate whether the vehicle occupants are engaged
in serious criminal activity. Because the police in this scenario had
explicitly used racial characteristics in deciding which plates to run
(and thus which violators would be more likely to be stopped), the
resulting motor vehicle stops were tainted by the Equal Protection
violation, notwithstanding that under the Fourth Amendment, an
observed motor vehicle violation always provides an “objective” basis
to initiate a traffic stop.
It should be noted in this regard that from a Fourth Amendment
perspective, the police conduct was lawful. Officers who have stopped
a vehicle for speeding are generally permitted to pose itinerary
questions in an effort to determine why the vehicle was traveling in
excess of the speed limit. So too, an officer would be permitted under
the Fourth Amendment to order the driver of a lawfully stopped
vehicle to exit the vehicle in order to preserve the option of posing
similar itinerary questions to other occupants so as to determine
whether there are any materially-inconsistent answers that might
suggest ongoing criminal activity.
It is true that some reviewing courts today are skeptical when
police engage in the practice of “digging,” that is, when police use a
traffic stop based on an observed motor vehicle violation as a platform
from which to launch a criminal investigation, resulting in detained
motorists being treated as if they were criminal suspects. See Unit
13.5 in the Companion Guide. But in this scenario, the questioning
was not protracted (under the Fourth Amendment, courts are mostly
concerned with the duration of the liberty intrusion) and was not
based on an inarticulable hunch, but rather was predicated upon a
determination that the detained motorists matched essential
-89-

characteristics of a drug courier profile. (All of this assumes, of
course, that any such profile was race-neutral, that is, that race or
ethnicity played no part in the officer’s decision to stop the vehicle in
the first place, the officer’s decision to order the driver to exit the
vehicle, and the officer’s decision to pose probing questions designed
to ferret out possible criminal activity.)
But just because the Fourth Amendment may not have been
violated does not mean that the police conduct was lawful. Indeed, in
this scenario, it makes no difference that the police conduct may have
complied with the requirements of the Fourth Amendment. By
initially considering race in violation of the Equal Protection Clause of
the Fourteenth Amendment and Attorney General Law Enforcement
Directive 2005-1, all of these encounters would likely be considered
to be “fruit of the poisonous tree” and would likely be deemed by a
reviewing court to constitute examples of impermissible racial
targeting.

-90-

s t n t e of Fzh &reeg
OFFICE OF THE ATTORNEY GENERAL
L I SAFE-IY
C
POBox080
TRENTON,
NJ08625-0080

DEPARTMENT
OF LAWAND ~
RICHARD J. CODEY
Acrfng Governor

PETERC.HARVEY
Attorney GencraI

MAXELLEN
DUGAN
First Asst. Attorney General

DIRECTIVE

TO:

DIRECTOR, DIVISION OF CRIMINAL JUSTICE
SUPERINTENDENT, DIVISION OF STATE POLICE
ALL COUNTY PROSECUTORS
ALL POLICE CHIEFS
ALL LAW ENFORCEMENT CHIEF EXECUTIVES

FROM:

ATTORNEY GENERAL PETER C.HARVEY

DATE:

September 22,2005

SUBJECT: ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2005-2:

MANDATORY TRAINING FOR ALL LAW ENFORCEMENT OFFICERS IN
THE STATE OF NEW JERSEY FOR NATIONAL INCIDENTMANAGEMENT
SYSTEM COURSES
On August 5 , 2005, Acting Governor Codey entered an Executive Order
implementing the National Incident Management System (NIMS). In order to preserve the
State's eligibility for federal preparedness assistance, Acting Governor Codey's Executive
Order requires all State Department and Agencies to take certain steps to implement
NIMS.
President Bush has required that all federal departments and agencies
require State and local institutionalization of the NlMS as a prerequisite to federal
preparedness assistance. Institutionalization means that NIMS is adopted and
implemented for everyday use by first responders. So far, sixty federal grant programs
have been identified as requiring NIMS as a prerequisite to award. These include the
Department of Justice - COPS Interoperable Communications Technology Program and
the Department of Homeland Security - State Homeland Security and UASl Grant
Programs.
The following training is hereby required of all law enforcement officers and

HUGHES
J m mCOMPLEXTELEPHONE
(609) 292-4925 FAX(609) 292-3508
Printed on Recyckd Paper and Recyclable

New J e w IS An Equul Opportunity Emplayn

ATTORNEY GENERAL GUIDELINES FOR
STATIONHOUSE ADJUSTMENT OF JUVENILE
DELINQUENCY OFFENSES

PETER C. HARVEY
ATTORNEY GENERAL
DEPARTMENT OF LAW AND PUBLIC SAFETY

DECEMBER 2005
TRENTON, NEW JERSEY

Attorney General Guidelines for Stationhouse Adjustment
of Juvenile Delinquency Offenses
Table of Contents
Stationhouse Adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Mandatory Availability of Stationhouse Adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Stationhouse Adjustments to be Performed by Juvenile Officers . . . . . . . . . . . . . . . . . . . 4
List of Available Referral Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Offenses to be Considered for Stationhouse Adjustment . . . . . . . . . . . . . . . . . . . . . . . . 4
Excluded Offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Other Factors to be Considered

..................................5

Minimum Required Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Suggested Additional Techniques . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Quarterly Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Appendices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Appendix A: Sample Stationhouse Adjustment Agreement – Long Form . . . . . . . . . . . . . 8
Appendix B: Sample Stationhouse Adjustment Agreement – Short Form . . . . . . . . . . . . 12
Appendix C: Model Stationhouse Adjustment Warning . . . . . . . . . . . . . . . . . . . . . . . 14
Appendix D: Stationhouse Adjustment Quarterly Report . . . . . . . . . . . . . . . . . . . . . . . 15

Attorney General Guidelines - Stationhouse Adjustments

Page 2

Attorney General Stationhouse Adjustment Guidelines
Stationhouse Adjustments
A stationhouse adjustment is an alternative method that law enforcement agencies may use
to handle first-time juvenile offenders who have committed minor juvenile delinquency offenses
within their jurisdiction. The intent of the stationhouse adjustment program is to provide for
immediate consequences, such as community service or restitution and a prompt and convenient
resolution for the victim, while at the same time benefitting the juvenile by avoiding the stigma of
a formal juvenile delinquency record. In many instances, this early intervention will deter the youth
from continuing their negative behavior and divert the youth from progressing further into the
juvenile justice system.
In a stationhouse adjustment, the juvenile officer typically asks the juvenile, a parent or
guardian/caregiver, or other responsible adult designated by the parent or guardian/caregiver
(herein referred to as “designee”) and the victim to come to the stationhouse to discuss the
offense. The officer may refer a juvenile for needed services, and, if property has been stolen or
damaged, require the juvenile to make restitution in some form. Usually the officer will discuss
the offense with the juvenile’s parent or guardian/caregiver and request assurances that the
juvenile will not commit any future offenses. This process allows juvenile officers to resolve
minor disputes without the need to file a complaint with the court. Victims of minor offenses are
often better served since a matter can be resolved locally, providing for a more efficient and
expeditious resolution. However, it is important to give the victim the opportunity to have input.
Furthermore, the victim always has the right to sign a complaint if he or she objects to a
stationhouse adjustment.

Mandatory Availability of Stationhouse Adjustments
All municipal and other law enforcement agencies having patrol jurisdiction within the
State of New Jersey shall make stationhouse adjustments available as a method of handling minor
juvenile delinquency offenses within their jurisdiction. The goal of standardized guidelines and
use of a more uniform method of diverting eligible juveniles is to promote equality within the
justice system by providing equivalent access to police diversionary programs regardless of
domicile. Stationhouse adjustments shall be conducted in accordance with the standards set forth
below. A model stationhouse agreement is attached hereto. Local stationhouse adjustment
policies may be modified to account for the availability of local resources and community service
opportunities, but all law enforcement agencies having patrol jurisdiction must implement the
minimum stationhouse adjustment process described herein regardless of the availability of such
resources.
As set forth in the “Quarterly Reports” section of these guidelines, these guidelines
require the submission to each County Prosecutor’s Office of aggregate data regarding
stationhouse adjustments in quarterly reports. This information is not contained in UCR reports.
If the County Prosecutor finds that stationhouse adjustments are not being conducted by a
particular law enforcement agency, the Prosecutor or his or her designee shall, after consultation
Attorney General Guidelines - Stationhouse Adjustments

Page 3

with the Chief Law Enforcement Executive of that agency, take immediate steps to implement a
stationhouse adjustment program for that agency. If it appears that a State Police Road Station
is not in compliance with this directive, the County Prosecutor’s Office shall inform the
Superintendent of State Police and the Attorney General of the specific deficiencies in the
implementation of a stationhouse adjustment program in the State Police Road Station.
Thereafter, the Superintendent shall implement a stationhouse adjustment program in the Road
Station.

Stationhouse Adjustments to be Performed by Juvenile Officers
It is strongly recommended that designated juvenile officers1 should perform stationhouse
adjustments. These officers are best suited by training and experience to handle these matters.
In instances where no juvenile officer is available it is recommended that the officer or detective
handling the case should consult with a juvenile officer prior to conducting a stationhouse
adjustment. However, if no juvenile officer is available to consult with or conduct a stationhouse
adjustment the stationhouse adjustment should be conducted nevertheless.

List of Available Referral Agencies
The police shall provide, and agencies shall make available, existing lists of referral
agencies, contacts and telephone numbers to which officers may refer juveniles. Such lists are
usually available from County Youth Services Commissions, the Division of Criminal Justice,
Juvenile Justice Commission, or other sources. Referrals may be made in conjunction with a
stationhouse adjustment, but are not limited to the stationhouse adjustment process and may be
provided immediately, before the process is completed.

Offenses to be Considered for Stationhouse Adjustment
Ordinance violations, petty disorderly persons offenses and disorderly persons offenses
shall be considered for stationhouse adjustment. Fourth degree offenses may also be considered
for stationhouse adjustment if the juvenile has no prior record that is known to the law
enforcement agency.
Excluded Offenses
The following offenses are not subject to stationhouse adjustment and should result in the
filing of a juvenile delinquency complaint:
1.

Offenses involving the use or possession of a controlled dangerous substance or
drug paraphernalia as defined under Chapters 35 or 36 of the Criminal Code shall
not be adjusted without permission of the County Prosecutor’s Office, as these

1

Every law enforcement agency having patrol jurisdiction is required to designate at least one
sworn officer to handle and coordinate juvenile matters. Attorney General Executive Directive 19901, page 12-3 Designation of Juvenile Officers.
Attorney General Guidelines - Stationhouse Adjustments

Page 4

offenses may be evidence of a more serious drug problem requiring intervention
by the Family Court.
2.

Bias offenses shall not be adjusted without permission of the County Prosecutor’s
Office.

3.

Sexual Offenses shall not be adjusted without permission of the County
Prosecutor’s Office.

4.

Offenses resulting in serious and/or significant bodily injuries shall not be adjusted
without permission of the County Prosecutor’s Office. Such permission should
only be given in cases where the criminal intent of the offender is in doubt and the
injuries were unintended.

5.

Third degree offenses shall not be adjusted without permission of the County
Prosecutor’s Office.

6.

Offenses shall not be adjusted if the law enforcement agency is aware that the
juvenile has other charges already pending before the court.

7.

Offenses shall not be adjusted when the juvenile is currently on probation, parole,
home detention or other court ordered disposition.

Other Factors to be Considered
Police shall also consider the following factors when determining the appropriateness of
conducting a stationhouse adjustment:
1.

Police shall consider the age of the offender. Younger offenders, particularly those
who may be less able to understand the consequences of their actions may be more
appropriate for stationhouse adjustment. However, no juvenile offender is
automatically excluded due to age.

2.

Police shall consider any record of prior juvenile complaints or stationhouse
adjustments. Juveniles with a prior serious offense or more than two minor
offenses should ordinarily not receive a stationhouse adjustment.

3.

Police shall consider the cooperation and attitude of all parties (juvenile, parents
or guardians/caregivers, or designee and victim).

Minimum Required Procedures
At a minimum, a stationhouse adjustment shall consist of:

Attorney General Guidelines - Stationhouse Adjustments

Page 5

1.

The law enforcement officer warning the juvenile about the future consequences
of continued delinquent activity.2 Officers shall discuss possible Family Court
dispositions such as fines, probation, loss of drivers license and incarceration. In
addition, officers shall discuss the possible impact of a delinquency record,
including fingerprint records and DNA records on future career options.

2.

The law enforcement officer must notify the juvenile’s parents or guardian/
caregiver about the matter. A parent or guardian/caregiver or designee must be
present. If a parent or guardian chooses to designate another adult (the designee)
to attend the stationhouse adjustment with the juvenile, that person must be a
responsible adult designated by the juvenile’s parent or guardian/caregiver, such
as a trusted relative, pastor or other mentor. In the event that a parent or
guardian/caregiver does not respond to the law enforcement agency’s inquiries, the
designee may not be chosen by the juvenile or by the law enforcement agency.
The willingness of a parent or guardian/caregiver or designee to participate in this
process and act in partnership with law enforcement to hold the child accountable
for his or her actions is vital to the success of a stationhouse adjustment.

3.

If there is a known victim of the alleged offense, the victim must be notified and
agree to the process. Where appropriate, victims should be informed that this
process is a more efficient and expeditious process that enables a matter to be
resolved locally. A stationhouse adjustment may proceed without the active
participation of a victim, but shall not proceed over the objection of a victim. A
victim who objects to a stationhouse adjustment should be permitted to sign a
juvenile delinquency complaint, unless the complaint is clearly frivolous or lacking
in probable cause, in which case, the police officer has the discretion pursuant to
N.J.S.A. 2B:12-21(b) to refuse to accept the complaint.

4.

The juvenile shall agree not to offend again and the juvenile and his or her parent
or guardian/caregiver or designee shall be informed that a subsequent offense, or
the failure to comply with agreed upon terms of the stationhouse adjustment
agreement, may result in the filing of a juvenile delinquency complaint for the
offense which has been the subject of the stationhouse adjustment.

5.

The law enforcement officer shall complete a stationhouse adjustment form which
must be signed by the juvenile and a parent or guardian/caregiver or designee.
Two sample stationhouse adjustment forms are attached to these Guidelines. Law
enforcement agencies may use either form, a form prescribed by the County
Prosecutor, or develop their own form for this purpose.

2

A sample warning form is attached to these guidelines.
Attorney General Guidelines - Stationhouse Adjustments

Page 6

Suggested Additional Techniques
Many police departments have been creative in developing additional stationhouse
adjustment techniques that provide an additional degree of accountability and responsibility. Law
enforcement agencies employing stationhouse adjustments pursuant to these guidelines are
authorized to use other reasonable techniques to enhance the effectiveness of such adjustments.
Examples
h

Some departments incorporate mediation into the process in order to assist in
resolving neighborhood disputes.

h

Departments also require juveniles to agree to make restitution in appropriate
cases. This requires an additional time commitment on the part of the law
enforcement agency, to follow-up as needed. Restitution plans should be simple
and short-term, in order to avoid involving the law enforcement agency in drawnout collection efforts.

h

Some officers have asked the juvenile’s parents, guardian/caregiver or designee to
agree to deny the juvenile driving privileges for some period of time, as part of an
agreement.

h

A county-wide program run through a private non-profit, County Youth Services
Commission or other governmental agency, to which police departments may send
juveniles to perform some type of community service as part of a stationhouse
adjustment.

h

Performance of community service within the juvenile’s municipality.

h

Letters of apology or essays on the criminal justice topics are frequently requested
by departments to force the juvenile to consider the consequences and the effect of
his or her conduct on others.

Quarterly Reports
In addition to maintaining necessary departmental records on each stationhouse adjustment,
each law enforcement agency having patrol jurisdiction within the State of New Jersey shall
submit quarterly reports of all stationhouse adjustments conducted by that agency to their County
Prosecutor’s Office. Quarterly reports shall also be completed by State Police patrol units and
shall be submitted directly to the Superintendent of State Police. Since one of the primary
benefits to a juvenile of a stationhouse adjustment is the avoidance of the creation of a juvenile
delinquency record, no personal identifying information should be submitted in the quarterly
reports. For each stationhouse adjustment the quarterly report shall contain: juvenile’s age at time
of the offense, ethnicity (as reported by the juvenile), gender, the alleged offense and, if no
stationhouse adjustment is conducted, indicate the reason(s) as provided on the form. County
Prosecutors’ Offices shall retain copies of the quarterly reports for five years. A copy of the
quarterly report form is attached to these guidelines.
Attorney General Guidelines - Stationhouse Adjustments

Page 7

Appendix A

Sample Stationhouse Adjustment Agreement – Long Form
(Must be read to juvenile and parent/guardian/caseworker/designee)
Case No.: _____________

Date of Incident: _____________

Ethnicity* _____________

D.O.B. _____________

Juv. ID No.: _____________

Age ______

Sex: M / F

* 1. Caucasian 2. Black 3. Hispanic 4. Asian/Pacific Islander 5. American Indian 6. Southern Asian 7. ________
(If ethnicity is not apparent, ask the subject or her/his parent/guardian/caregiver/designee.)

Juvenile:

_________________________________________

Parent(s) /Guardian/Caregiver/Designee

_________________________________________

Address:

_________________________________________

Offense:

_________________________________________

I wish to have this matter handled through the process of a stationhouse adjustment. I
understand that if I am accepted by the program, a juvenile delinquency complaint will NOT be
filed against me with the Superior Court, provided that the below terms and conditions of the
program are satisfied.
Parent or Guardian/Caregiver or Designee’s and Juvenile’s Initials:

___________
___________

I understand that I have a right to discuss this matter with an attorney at law of my
choosing. However, I also understand that the court will not appoint an attorney for me prior to
the filing of a juvenile complaint and it is my responsibility to obtain my own attorney if I wish.
I further understand that I do not have to discuss this matter with anyone, including members of
the Police Department before I have an opportunity to discuss this matter with an attorney, if I
choose to do so.
Parent or Guardian/Caregiver or Designee’s and Juvenile’s Initials:

___________
___________

I understand that participation in the stationhouse adjustment program is completely
voluntary. I further understand that I may end my involvement in the program at any time and
Attorney General Guidelines - Stationhouse Adjustments

Page 8

have my case proceed in the Family Court as a juvenile delinquency matter. However, in order
to participate in the program I must admit and do admit my involvement in the aforementioned
offense(s), for which I was taken into custody.

Parent, Guardian/Caregiver or Designee’s and Juvenile’s Initials:

___________
___________

I understand that I have the right to have my matter processed by the Family Court and
a request a hearing or a trial. By agreeing to participate in the stationhouse adjustment program,
I am waiving my right to a hearing or trial in this matter, provided that the below terms and
conditions are satisfied.

Parent, Guardian/Caregiver or Designee’s and Juvenile’s Initials:

___________
___________

I understand that information regarding this incident may be released to any other law
enforcement agency, the Family Court, and/or any agency or department connected to the Family
Court.

Parent or Guardian/Caregiver or Designee’s and Juvenile’s Initials:

___________
___________

I, ______________________________, agree that I will abide by the following terms
juvenile’s name

and/or conditions of the stationhouse adjustment program:

Terms and Conditions
1.

_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

2.

_______________________________________________________________________
_______________________________________________________________________
Attorney General Guidelines - Stationhouse Adjustments

Page 9

_______________________________________________________________________
_______________________________________________________________________
3.

_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

4.

_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

5.

_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Juvenile’s Certification
(Read to Juvenile)
I, __________________________________, do hereby certify that I have read this
juvenile’s name

entire agreement. I agree to the terms and conditions of this agreement and wish to have the
above-captioned offense(s) processed by the stationhouse adjustment program. I make this
decision freely and voluntarily, and I have not been forced or coerced in any manner.

______________________________________

___________________________

Juvenile’s Signature

Date

Certification of Parent(s), Guardian/Caregiver(s) or Designee(s)
(Read to Parents/Guardian/Caregiver/Designee)
I/we, _______________________________, do hereby certify that I/we are the parent(s)
or guardian/caregiver(s) or designee(s) of ___________________________________. I/we have
read the entire agreement between my child and the stationhouse adjustment program prior to my
Attorney General Guidelines - Stationhouse Adjustments

Page 10

child signing the agreement. I have assisted my child in reading this form if it was necessary and
have explained the form to my child and have answered any questions that he or she may have
had. I/we do hereby agree to support his/her participation and compliance in the program and
will enforce this agreement by informing the police department of any violations of its terms
and/or conditions.

______________________________________

___________________________

Signature of Parent, Guardian/Caregiver or Designee

Date

______________________________________

___________________________

Signature of Parent, Guardian/Caregiver or Designee

Date

Certification of Victim/Complainant
(Read to Complainant)
I agree to have the above juvenile offense handled through the stationhouse adjustment
program.

______________________________________

___________________________

Signature of Victim/Complainant (or telephone authorization) Date
Certification of Law Enforcement Officer
I hereby certify that I have read this agreement. I have checked or caused to be checked
the juvenile’s prior history and have determined that the juvenile is a suitable candidate for the
stationhouse adjustment program.

__________________________________________

____________________________

Signature of Law Enforcement Officer

Date

Attorney General Guidelines - Stationhouse Adjustments

Page 11

Appendix B

Sample Stationhouse Adjustment Agreement – Short Form
(Must be read to juvenile and parent/guardian/caseworker/designee)
Case No.: _____________ Date of Incident: __________________________________
Arresting Officer:
_______________________________________________
Complainant:
_______________________________________________
Juvenile:
_______________________________________________
Ethnicity* _____________ D.O.B. _____________
Age ______ Sex: M / F
* 1. Caucasian 2. Black 3. Hispanic 4. Asian/Pacific Islander 5. American Indian 6. Southern Asian 7. _______
(If ethnicity is not apparent, ask the subject or her/his parent/guardian/caregiver/designee.)

Parent(s)/Guardian(s)/Designee:
Address:
Offense:

________________________________________________
________________________________________________
________________________________________________

I _____________________________ agree to have the juvenile listed above guided through
complainant/victim

the stationhouse adjustment program by the ______________________________________
law enforcement agency

I understand that _____________________________ cannot be prosecuted before the juvenile
juvenile’s name

court if the juvenile fulfills the conditions agreed below.
I ______________________________ admit to my involvement in this offense. I also waive my
juvenile’s name

right to a trial in this matter and elect that the above offense be adjusted by the law enforcement
agency in this community instead of filing a juvenile complaint with the court. I agree to abide
by the following:
Terms and Conditions
1.

2.

3.

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

Attorney General Guidelines - Stationhouse Adjustments

Page 12

Signatures:
Victim/Complainant:

______________________________________________________

(or telephone authorization)

Parent/Guardian/Designee: ______________________________________________________

Juvenile:

______________________________________________________

Officer/Detective:

______________________________________________________

Date:

________________________________________________

Attorney General Guidelines - Stationhouse Adjustments

Page 13

Appendix C

Model Stationhouse Adjustment Warning
Juveniles and their parents, guardians or caregivers or responsible adult designee who
participate in a stationhouse adjustment should be warned that any further delinquent offenses may
result in serious consequences. A stationhouse adjustment is a substantial benefit to the juvenile,
which permits the juvenile to avoid those consequences. However, this benefit is rarely extended
to a juvenile more than once.
Possible Consequences of Delinquent Acts
!

Juveniles who are charged with serious offenses, or who cannot be relied on to voluntarily
appear at future court dates, may be held in detention while awaiting adjudication.
Juveniles do not have a right to bail.

!

A juvenile delinquency record will be created that will be accessible statewide. While
juvenile records are for the most part confidential, records of certain juvenile arrest or
adjudications may disqualify a juvenile from owning a firearm or obtaining employment
in law enforcement or other sensitive positions.

!

Juveniles who are 14 or older and charged with a crime will be fingerprinted and
photographed.

!

All juveniles, regardless of age, who are adjudicated delinquent for an offense that would
be a crime if committed by an adult will be fingerprinted and will have to provide a DNA
sample. Both the fingerprints and DNA will be maintained in state and federal databases.

!

Serious juvenile offenses will require adjudication by the Family Court. Adjudication is
the process by which a judge decides whether a juvenile should be found to have
committed a delinquent offense. Juveniles do not have a right to a jury trial but they do
have a right to an attorney. If a family is not indigent, the judge may order the family to
pay for an attorney to represent their child in serious cases.

!

If a juvenile is adjudicated delinquent, the court then must order a disposition. A
disposition is similar to the sentence that is imposed on an adult criminal. Some of the
most common dispositions are incarceration, short-term incarceration, probation, fines,
restitution, driver’s license suspension or postponement, community service, or mandatory
attendance at some type of treatment program. In some circumstances the judge may also
order parents or guardians to participate in the disposition or to pay for the juvenile’s
treatment.

Attorney General Guidelines - Stationhouse Adjustments

Page 14

Appendix D

Stationhouse Adjustment Quarterly Report
Law Enforcement Agency:

____________________________________________

Name of Person Completing Report:

____________________________________________

Date:

____________________________________________

Check Quarter:



1st

January 1 - March 31



2nd

April 1 - June 30



3rd

July 1 - September 30



4th

October 1 - December 31

Completed reports must be submitted to the County Prosecutor’s Office by the 15th day
of month following the close of each quarter. Complete one line of this report for each
stationhouse adjustment (1) considered and accepted (2) considered and rejected and (3) completed
(including unsuccessful terminations) by your agency during the quarterly reporting period.
Indicate the outcome of the adjustment by entering the appropriate code in column five. Codes
are listed at the bottom of this form.
Age at
Time of
Offense

Ethnicity
enter code

Sex

Prior
Contacts

Statutory Citation
Offense Adjusted

Attorney General Guidelines - Stationhouse Adjustments

Outcome
enter code

Page 15

Age at
Time of
Offense

Ethnicity

Sex

enter code

Prior
Contacts

Statutory Citation
Offense Adjusted

Outcome
enter code

Notes:
Race

=

1. Caucasian 2. Black 3. Hispanic 4. Asian/Pacific Islander 5. American Indian
6. Southern Asian 7. Other (specify above)

Prior Contacts

=

Indicate “Y” or “N” for any prior juvenile delinquency complaints or stationhouse
adjustments

Statutory Cite

=

Indicate statutory citation for offense adjusted. If the offense is an ordinance violation
simply write in “ordinance.”

Outcome

=

1. Successfully Completed 2. Parent/Guardian/Caregiver not available or refused
participation 3. Juvenile refused participation 4. Victim insisted on formal complaint
5. Not adjusted due to lack of resources 6. Juvenile either committed a new offense or
did not complete terms of adjustment agreement, resulting in the filing of a juvenile
delinquency complaint 7. Agency considered and rejected stationhouse adjustment

Attach additional sheets as necessary.
Attorney General Guidelines - Stationhouse Adjustments

Page 16

ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2005-5
ESTABLISHING UNIFORM STATEWIDE PROCEDURES FOR
IMPLEMENTING THE VINE (VICTIM INFORMATION
AND NOTIFICATION EVERYDAY) SYSTEM
WHEREAS, Article 1, paragraph 22 of the New Jersey Constitution
guarantees the right of all crime victims to be treated with fairness, compassion
and respect by the criminal justice system, and to such other specific rights as
may be provided by the Legislature; and
WHEREAS, it is appropriate for New Jersey’s criminal justice system to use
the best available technology to make certain that crime victims are promptly and
automatically notified when an offender is released from custody. Registered
crime victims should also be able to confirm an offender’s custodial status and
location at any time and without any cost to the victim; and
WHEREAS, the New Jersey VINE (Victim Information And Notification
Everyday) System is a state-of-the-art software system that uses data in the
County Correction Information System (CCIS) operated by the Administrative
Office of the Courts. The VINE System tracks when an offender is released from
custody or is transferred within the correctional system, and can automatically
alert crime victims who elect to register with the System; and
WHEREAS, on or about January, 2006, the VINE System will be operational
in all twenty-one counties across the State; and
WHEREAS, it is necessary and appropriate to establish statewide
procedures for use by all law enforcement agencies to ensure the uniform and
efficient implementation of the VINE System;
NOW, THEREFORE, I, PETER C. HARVEY, Attorney General of the State
of New Jersey, by virtue of the authority vested in me by the Constitution and by
the Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 et seq., do hereby DIRECT
that the following procedures be implemented:
1.

Law Enforcement Agencies

A.
A Victim Notification Form (VNF), DCJ Revised 3-10-05, shall be
completed by a law enforcement officer when either an indictable offense or a
domestic violence offense has been reported (See Domestic Violence Procedures
Manual).

Law enforcement officers should verify that the victim’s name and telephone

number are legible and accurate. Accurate victim contact information is critical
to ensure that the victim receives notification when an offender is released from
the county correctional facility or the state prison system.
B.
The VNF and contact information provided by the victim are to be kept
confidential and are not discoverable (See N.J.S.A. 2C:25-26c for Domestic
Violence Victims).
C.
Law enforcement officers should explain the NJ VINE program to
victims. If a victim is interested in participating in the NJ VINE program, the
officer should instruct the victim to provide a four-digit personal identification
number (PIN) to be inserted in the designated space on the VNF. The officer
should then give the victim a copy of the completed VNF, a NJ VINE brochure and
a NJ VINE tear-off form.
D.
Immediately following an offender’s arrest, the law enforcement
agency making the arrest (“arresting agency”) should notify the victim or victim’s
family of the arrest (the NJ VINE program will not provide arrest notifications).
After the victim is notified of the offender’s arrest, the arresting agency shall fax
a copy of the VNF to the respective County Prosecutor’s Victim-Witness
Coordinator or, when appropriate, the Division of Criminal Justice Victim-Witness
Coordinator. If the offender is charged with a domestic violence offense, the
arresting agency shall fax a copy of the VNF to the Family Court.
E.
Notification of an offender’s change of custody shall be facilitated
through NJ VINE to the victim or victim’s family within twenty-four hours of the
release when the offender is charged with homicide, vehicular homicide, sex
offenses, robbery, carjacking, aggravated assault, arson, domestic violence
offenses, kidnapping, child abuse or stalking. Notification to the victim of the
release of an offender charged with other offenses shall be made within forty-eight
hours after release from custody (See IV. Notification Procedures).
F.
When the offender is not lodged in the county correctional facility,
notification to the victim of an offender’s release is the obligation of the law
enforcement agency conducting the criminal investigation (“investigating agency”).

-2-

2.

Arrests on a Warrant or for Violations of Probation or Parole

A.
Where an offender is arrested on a county warrant, the VNF will not
be required until the offender is brought back to the county issuing the original
warrant.
B.
When an offender has been arrested for violating probation or parole,
the arresting agency should follow the established procedures in their county for
completing a VNF.
3.

County Correctional Facilities

A.
The arresting agency must present a completed VNF to the county
correctional facility when an offender charged with an indictable offense or
domestic violence-related offense is committed to the facility.
B.
Once the offender has been committed to a county correctional
facility, it is the responsibility of that facility to notify the victim of any change in
the custody of the offender. The county correctional facility will notify victims by
activating the NJ VINE system through CCIS.
C.
In counties where offenders may be released from custody by the
municipal court judge, the county correctional facility will activate NJ VINE when
an offender is released to the municipal court. The system will notify the victim
that the offender was released from the county correctional facility to the
municipal court and that the offender may be released into the community. In
these counties, procedures for informing NJ VINE of an offender’s custody status
following a municipal court appearance will be promulgated by the County
Prosecutors.
D.
The county correctional facility will activate NJ VINE when an offender
is transferred from a county correctional facility to a state prison. NJ VINE will
notify the victims of the transfer and advise as to whether they need to re-register
with NJ VINE.
4.

Notification Procedures

A.
After the county correctional facility has activated NJ VINE, the
system will attempt to notify the victim by telephone of the offender’s custody
change at one-half hour intervals for a twenty-four hour period or until
confirmation is received that the victim has received the notification. If after the
first three attempts, the NJ VINE system has been unable to contact the victim,
the system will automatically telephone either the investigating agency or the
county correctional facility, as determined by each county, to alert that
notification to the victim has been unsuccessful. If a county has opted to have
the investigating agency telephoned and the agency does not answer the telephone
-3-

call after three attempts, the system will then automatically telephone the county
correctional facility. Simultaneously, NJ VINE will continue to attempt to notify
the victim at one-half hour intervals for the twenty-four hour period. The County
Prosecutors will promulgate procedures for victim notification when the NJ VINE
system has been unsuccessful within the proscribed time.
B.
If a law enforcement officer attempts to notify a victim of an offender’s
release, a copy of the updated VNF showing those attempts and contact must be
faxed to the respective County Prosecutor’s Victim-Witness Coordinator or, when
appropriate, to the Division of Criminal Justice Victim-Witness Coordinator.
C.
Updates to victim information will only be made by the Victim-Witness
Coordinators in each county or, when appropriate, by the Division of Criminal
Justice Victim-Witness Coordinator.
5.

Other Notifications to Crime Victims

The New Jersey VINE System is designed to provide notifications to
registered victims concerning an offender’s release from custody or the offender’s
transfer from one correctional facility to another. All other required notifications
to crime victims, such as a change in case status, will continue to be done
pursuant to procedures promulgated by the County Prosecutors. Nothing in this
Directive shall be construed to limit or preempt the authority of a County
Prosecutor to establish procedures to ensure that crime victims are promptly
notified of scheduled court hearings and events as may be required by Article 1,
paragraph 22 of the New Jersey Constitution, N.J.S.A. 52:4B-44, N.J.S.A. 2C:2526.1, N.J.S.A. 30:4-6.1, N.J.S.A. 39:5-52, N.J.S.A. 30:123.53a or any other law,
and as may be required by the Attorney General Standards to Ensure the Rights of
Crime Victims.
6.

Questions

All questions concerning the interpretation, implementation or enforcement
of this law enforcement Directive shall be addressed to the Attorney General or his
or her designee.

-4-

ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE 2006-1
NEW JERSEY FORENSIC SCIENCE COMMISSION
WHEREAS, it is the public policy of New Jersey, in accordance with N.J.S.A.
52:17B-98, to encourage cooperation among law enforcement officers and to
provide for the general supervision of criminal justice by the Attorney General as
chief law enforcement officer of the State, in order to secure the benefits of a
uniform and efficient enforcement of the criminal law and the administration of
criminal justice throughout the State; and
WHEREAS, the Attorney General is further empowered to establish
procedures and implement administrative strategies to enhance and assure the
integrity of criminal investigations and prosecutions in New Jersey; and
WHEREAS, in recent years, there have been tremendous advances in the
area of forensic science, which technological progress has contributed significantly
to the efficacy and efficiency of law enforcement; and
WHEREAS, through its criminal justice system, the State of New Jersey has
access to an impressive array of forensic science experts who possess a high
degree of skill, knowledge and experience in forensic testing and analysis,
including state and county forensic and toxicology laboratory personnel, county
prosecutor’s offices, the State Police, and the medical examiner system;
WHEREAS, New Jersey has made significant strides in its efforts to
maximize the utility of these advanced technologies and human resources in the

criminal justice system, as evidenced by the May 17, 2004 opening of the New
Jersey Forensic Science Center, a state-of-the-art forensic laboratory that is part
of the Department of Law and Public Safety and located in Hamilton Township,
which provides critical technology to assist law enforcement in crime scene
investigations and crime solving; and
WHEREAS, the extraordinary resources of New Jersey’s state-of-the-art
forensic science laboratory and county laboratories can be maximized to enable
more effective crime solving and criminal prosecutions in all twenty-one (21)
counties; and
WHEREAS, it is in the public interest to optimize the efficiency and
productivity of New Jersey’s forensic science laboratory by establishing and
implementing best practices in the provision of forensic science services
throughout the State in an ordered and coordinated fashion;
NOW, THEREFORE, I, Peter C. Harvey, Attorney General of the State of New
Jersey, do hereby ORDER and DIRECT the following:

1.

Establishment of the Forensic Science Commission.

a. There is created in the Department of Law and Public Safety the Forensic
Science Commission, which shall consist of thirty-two (32) voting members
appointed by the Attorney General, including representatives selected from among
state and county forensic experts, forensic pathologists, forensic toxicologists,
-2-

prosecutors and crime scene examiners. The Attorney General shall designate the
chairperson(s) and vice-chairperson of the Commission. Any vacancy on the
Commission shall be filled by appointment of the Attorney General.
b. Each member shall serve for an initial term of two (2) years, and
thereafter each member shall serve until that member’s successor is appointed.
c. Members of the Commission shall receive no compensation for their
services.
d. The Commission shall meet no less than four times per year and up to
twelve times per year at the direction of the chairperson(s).
e. The Commission shall establish rules and procedures regarding the
conduct of its meetings.

2.

Duties and Responsibilities of the Forensic Science Commission.

a. The Commission shall promulgate a forensic plan for the State of New
Jersey, which shall provide for a clear and consistent state-wide approach to
forensic science and crime scene investigation.
b. The Commission shall create an accreditation system for all forensic
laboratories in the State of New Jersey, including establishing best practices and
recommendations

for

evidence

collection

and

submission,

criminalistic

examinations, laboratory protocols and testing procedures in every major forensics
area and by establishing training recommendations for staff and creating a “flow-3-

scheme” for forensic evidence processing.
c. The best practices standards shall be designed to accomplish the
following objectives:
(1) establish and maintain the effectiveness, efficiency, reliability and
accuracy of forensic laboratories in the State;
(2) ensure that forensic analyses are performed in accordance with the
highest scientific standards practicable;
(3) promote increased cooperation and coordination among forensic
laboratories and other agencies in the criminal justice system by avoiding
duplication of efforts, resources and activities and streamlining procedures;
(4) establish efficient case processing which is clear, concise, direct and
uniform in order to achieve the lowest turn-around times to deliver the forensic
analysis results for effective prosecution of criminal cases;
(5) ensure that all information relevant to solve crimes is extracted from
evidence collected and analyzed;
(6) establish minimum requirements for the quality and maintenance of
equipment; and
(7) ensure compatibility with other state and federal forensic laboratories to
the extent necessary to share and exchange information, data and results of
forensic tests and analyses.
d. The Commission shall report annually to the Attorney General, through
-4-

ATTORNEY GENERAL DIRECTIVE, 2006-02
SUPERSEDING DIRECTIVE REGARDING ELECTRONIC RECORDATION OF
STATIONHOUSE INTERROGATIONS
(January 17, 2006)
On December 17, 2004, the Attorney General and the County
Prosecutors’ Association amended a prior policy statement so as to require that
when a statement is obtained following a stationhouse interrogation in any
case involving a first, second or third degree crime (or any case involving a
juvenile age 14 or older suspected of committing a crime enumerated in
N.J.S.A. 2A:4A-26a(2)(a)), the law enforcement entity involved either video or
audio record any final statement obtained, or any acknowledgment by the
suspect of the content of a written statement. That Amended Policy also put
into effect a staggered time table with regard to effective dates. For all first and
second degree crimes, the electronic recording requirement would go into effect
on September 1, 2005. For third degree and juvenile cases, the requirement
was to go into effect on January 1, 2006. The Amended Policy also noted that
the Attorney General, in consultation with the County Prosecutors’ Association,
would subsequently make a final determination as to whether to issue a law
enforcement directive “requiring expansion of the electronic recordation policy
so as to cover the entire stationhouse interrogation process in certain cases.”
Thereafter, on October 14, 2005, the New Jersey Supreme Court adopted
the recommendations of its Special Committee on the Recordation of Custodial
Interrogations. Most significantly, 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. 3:3-1c. 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 in R. 3:3-1c 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 different time frames 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. Electronic recording is a valuable
tool to law enforcement. It insures that the suspect’s or defendant’s statement
is accurately recorded and voluntarily made. Electronic recording also protects

STATE OF NEW JERSEY
DEPARTMENT OF LAW AND PUBLIC SAFETY
DIVISION OF CRIMINAL JUSTICE
25 MARKET STREET - BOX 086 - TRENTON, NJ 08625-0086
PHONE: 609-984-6500
MEM ORIALIZATION OF ELECTRONIC RECO RDATION OF
CUSTODIAL INTERROGATION OF SUSPECT IN CUSTODIAL STATION HOUSE SETTING
County and Indictment No.:
Assistant Prosecutor Preparing Form:
Interviewing Officer(s) and Police Department:

T y p e o f C rim e C h a rg e d in In d ictm e n t fo r W h ich R e c o rd a tion is R e q u ire d U n d e r R . 3 :1 7 :

Defendant:
Date(s) of Interrogation:

(a)

Yes

Was the interrogation electronically recorded? (check one)

No

If “Yes” answer (b).
(b)

What method of electronic recording was used? (check one)

(c)

Reason not electronically recorded, if applicable. (check all that apply)

Video

If “No” answer (c).

Audio

Both

Electronic recordation was not feasible.
The statement was a spontaneous statement made outside the course of the interrogation.
The statement was made in response to questioning that is routinely asked during the processing of the arrest of a suspect.
The statement was made by a suspect who indicated, prior to the statement, that he or she would participate in the interrogation only if it were not recorded.
The statement was made during a custodial interrogation that was conducted out-of-state.
The statement was given at a time when the accused was not a suspect for the crime to which that statement relates while the accused was being
interrogated for a different crime that does not require recordation.
The interrogation during which the statement was given occurs at a time when the interrogators have no knowledge that a crime for which recording is
required has been committed:
Other: (Explain below)

Completed original forms should be mailed to:
Division of Criminal Justice - Appellate Bureau
25 Market Street - Box 086 - Trenton, NJ 08625-0086

.. .. ...

-..

...-.....

ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2009-1
RESTRICTIONS ON USE OF POLYGRAPH EXAMINATIONS

WHEREAS, the Violence Against Women and Department ofJustice Reauthorization Act
of 2005 ("Act") provides funding to support programs for victims of violence against women;
WHEREAS, this Act includes the STOP Violence Against Women Act (VAWA) Formula
Grant Program that provides funding to states and other government units;
WHEREAS, applicants for the VAWA funding must certify compliancewith the statutory
requirements of the Act as required by 42 U.S.c. 3796gg-4, 3796gg-5 and 3796gg-8 and
implemented at 28 CFR Part 90;
WHEREAS, 42 U.S.c. 3796gg-8 requires an applicant to certify that its laws, policies or
-.Qracticeswill ensur~Jbat law enfor~ment sh~llnot ask or require a victim of an alleged sex offense _
to submit to a polygraph examination as a condition for proceeding with the investigation of such
an offense;
WHEREAS, it is necessary and appropriate to establish statewide policies and procedures
for use by all law enforcement agencies to ensure the implementation of this restriction on the use
of polygraph examinations or other truth telling devices in the investigation of sexual offenses;
NOW, THEREFORE, I, ANNE MILGRAM, Attorney Generalof theStateofNew Jersey,
by virtue of the authority vested in me by the Constitution and the Criminal Justice Act of 1970,
NJ.S.A. 52:17B-92 et seq., do hereby DIRECT that all law enforcementagencies operating under
the authority ofthe laws of the State of New Jersey shall adhere to the policies and procedures set
forth below:
1.

Law Enforcement Aeencies

A. No law enforcement agency or officer in the State shall ask or require an adult, youth
or child victim of an alleged sexual offense as defined in N.J.S.A. 2C 14-1 et seq. to submit to a
polygraph examination or other truth telling device as a condition for proceeding with the
investigation of an offense.
B.
The refusal of a victim to submit to a polygraph examination or other truth telling
device shall not prevent the investigation, charging or prosecution of an alleged sexual offense.

2.

County Prosecutors

Each county prosecutor shall ensure that all law enforcement agencies and officers within
the prosecutor's jurisdiction are aware of and comply with this Directive.

----

-

-

-

-

__

3.

Questions

All questions concerning the interpretation, implementation or enforcement of this law
directive shall be addressed to the Attorney General or her designee.
4.

Effective Date

This Directive shall take effect immediately and shall remain in full force and effect unless
and until repealed, modified or superseded by Order of the Attorney General.

Dated:

Attest:
Ricardo $olano
First Assistant Attorney General

---

- -

CHRIS CI IRISTIE
Governor

KIM GUADAGNO
Lieutenant Governor

State of New Jersey
OFFICE OF THE ATTORNEY GENERAL
DEPARTMENT OF LAW AND PUBLIC SAFETY
DlWSlON OF CRIMINAL JUSTICE
PO Box 085
TRENTON, NJ 08625-0085
TELEPHONE: (609) 984-6500

PAULA T. Dow
Attorney General

STEPHEN J.

TAYLOR
Director

DIRECTIVE NO. 2010 - 1
TO:

DIRECTOR, DIVISION OF CRIMINAL JUSTICE
ALL COUNTY PROSECUTORS
ALL POLICE CHIEFS
ALL LAW ENFORCEMENT CHIEF EXECUTIVES

FROM:

PAULA T. DOW, ATTORNEY GENERAL

DATE:

MARCH 9, 2010

SUBJECT:

ATTORNEY GENERAL GUIDELINES FOR THE RETENTION OF
EVIDENCE

The primary duty of the Prosecutor is not to convict, but to ensure that justice is done. State
v. Ramseur, 106 N.J. 123 (1987); State v. Zola, 112 N.J. 384 (1988). In keeping with this trust, the
Attorney General and the County Prosecutors hereby intend to provide for the retention of evidence
in criminal cases to protect public safety and the interests of crime victims and their families, and
to afford to those who are serving a sentence for a crime the opportunity to challenge their
convictions, in appropriate cases.
The attached Attorney General Guidelines for the Retention of Evidence in criminal cases
have been jointly fornaulated by the Attorney General and the County Prosecutors and are
promulgated pursuant to the Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 et seq., which
recognizes the importance ofp ublic confidence in the administration of criminal justice and provides
for the general supervision of the County Prosecutors by the Attomey General as chief law
enforcement officer of the State.
THEREFORE, I, Paula Dow, Attomey General, pursuant to the authority granted to the
Attorney General of the State of New Jerseyby the Criminal Justice Act of 1970, N.J. S.A. 52:17B-97
et seq., hereby issue the attached Guidelines to all County Prosecutors, Police Chiefs mad Law
Enforcement Chief Executives in the State of New Jersey, to be applied in accordance with the terms
of this Directive:

New Jersey Is An Equal Opportunity Employer ¯ Printed on Recycled Paper and is Recpclable

Page 2

1.

Adoption of Guidelines

The "Attorney General Guidelines for the Retention of Evidence" attached to this Directive
and incorporated by reference into this Directive are formally adopted, with the purpose of providing
the basis for procedures to be established to govern the retention of evidence in criminal cases
throughout the State of New Jersey by law enforcement agencies.
2.

Implementation

Each County Prosecutor’s Office shall develop and follow its own Evidence Destruction
Authorization Policy and Procedures, in accordance with the attached Guidelines, which shall
include procedures to be followed both for evidence held by the County Prosecutor’s Office and for
evidence being held by local law enforcement agencies within the jurisdiction.
3.

Questions and Controversies

Questions regarding the content of this Directive or the interpretation, implementation or
utilization of these Guidelines should be addressed to the Prosecutors Supervision and Coordination
Bureau, Division of Criminal Justice, at (609) 984-2814.
4.

Effective Date

This Law Enforcement Directive shall take effect immediately and shall remain in force and
effect, unless and until repealed, amended or superseded by order of the Attorney General.
Given under my hand and seal, this /-- day of
March, in the year Two Thousand and Ten, and of the
Independence of the United States.ill,Two Hundred

an
/
Paula T. Dow
Attorney General
Attest:
Phillip won~
First Assistant Attorney General

ATTORNEY GENERAL GUIDELINES FOR THE
RETENTION OF EVIDENCE

PAULA T. DOW
ATTORNEY GENERAL
DEPARTMENT OF LAW AND PUBLIC SAFETY
AND
THE NEW JERSEY COUNTY PROSECUTORS ASSOCIATION

ISSUED MARCH 2010
TRENTON~ NEW JERSEY

Attorney General Guidelines for the Retention of Evidence
Table of Contents
Attorney General Guidelines for the Retention of Evidence .....................
3
Introduction ...............................................
3
Retention Schedule for Evidence ......................................
4
General Provisions ...........................................
4
Development of Evidence Destruction Policy .....................
4
Authorization Requirement .................................
4
Timeframes for Evidence Destruction ...............................
4
1. Homicide Evidence ....................................
4
2. Sex Crimes Evidence ..................................
5
3. Narcotic Evidence ....................................
5
4. Firearms Evidence ....................................
6
5. Other Evidence ......................................
7
6. Special Circumstances ..................................
7
Other Requirements Not Superseded by this Directive

Attorney General Guidelines - Evidence Retention - March 2010

Page 2

Attorney General Guidelines for the Retention of Evidence

Law enforcement agencies have schedules in place for the retention of criminal case files
and other documentary records that are maintained by their agencies. These records retention
schedules are promulgated by the Division of Archives and Records Management (hereinafter
DARM) in the Department of State.1 However, these records retention schedules govern only
documentary records such as case files, logbooks, etc. These schedules do not govern the
retention of criminal case evidence.
Until now, there has been little direction on the topic of retention of evidence and, as a
result, most law enforcement agencies have used the documentary records retention schedules for
evidence retention. As criminal forensic science has improved, the volume of evidence gathered
at crime scenes has grown exponentially. For many law enforcement agencies, this has created
a looming evidence storage crisis.
Although this problem exists in most types of cases, it is most severe for homicide cases,
for which an entire room may be required to hold the evidence from just one case. The DARM
documentary records retention schedules for law enforcement agencies such as police departments,
county prosecutors and county sheriffs provide that homicide records are "permanent." This
standard, which can be met for documents through the use of microfilming and destruction of the
original documents, is wholly impractical when applied to physical evidence. Although DARM’s
documentary records retention schedule was not promulgated for application to evidence, agencies
adopted it for evidence retention in the absence of other guidance. It is the intention of the
Attorney General and the County Prosecutors to promulgate these standards in order to remedy
this problem.

~These records retention schedules can be found online at:
http ://www.niarchives.org/links/retention.html
Attorney General Guidelines - Evidence Retention -March 2010

Page 3

Retention Schedule for Evidence
General Provisions
Development of Evidence Destruction Policy
The following timeframes for Evidence Destruction Authorization are suggested for
statewide usage by all County Prosecutor’s Offices. Each County Prosecutor’s Office shall develop
and follow its own Evidence Destruction Policy and Procedures.
Authorization Requirement
The mere fact that an item of evidence may satisfy the qualifications for being subject to
destruction does not mean that it is automatically destroyed. The appropriate Prosecutor’s Office
must review and provide authorization pursuant to their respective Policy and Procedures, before any
destruction is to take place. The reference to "Prosecutor" contained herein shall include and also
refer to the Director of the Division of Criminal Justice for purposes of this document. A County
Prosecutor or the Director of the Division of Criminal Justice may designate one or more Assistant
Prosecutors or Deputy Atton~eys General to authorize evidence destruction on their behalf.

Timeframes for Evidence Destruction
1. Homicide Evidence
a. In all cases where all defendants have been charged and all of the defendants in the case
are deceased, upon proof of death being submitted, a request for destruction authorization may
be submitted.
b. In cases where the defendants were convicted and no appeals or post-conviction relief
motions are pending, after a period of 5 years from the date of conviction or upon the defendants
expiration of sentence, whichever is later, a request for destruction authorization may be
submitted.
c. In cases where no suspects have been identified but a DNA profile has been obtained
and submitted to CODIS, or fingerprint evidence that has been submitted to AFIS, or there is no
statute of limitations, the evidence shall be retained indefinitely. Only the Prosecutor or their
designee, may authorize the destruction of this evidence.

Attorney General Guidelines - Evidence Retention -March 2010

Page 4

2. Sex Crimes Evidence
a. In all cases where all of the defendants have been charged and all of the defendants in
the case are deceased, upon proof of death being submitted, a request for destruction authorization
may be submitted.
b. In cases where the defendants were convicted and no appeals or post-conviction relief
motions are pending, after a period of 5 years from the date of conviction or upon the defendants
expiration of sentence, whichever is later, a request for destruction authorization may be
submitted.
c. In all cases where the defendants have been admitted into the Pre-Trial Intervention
Program (PTI), have successfully completed PTI, and have been discharged, upon the court’s
signing an order dismissing the case as to all parties, and upon the expiration of the longest
sentence of any co-defendants not admitted into PTI, a request for destruction authorization may
be submitted.
d. In cases where no suspects have been identified but a DNA profile has been obtained
and submitted to CODIS, or in the case of fingerprint evidence that has been submitted to AFIS,
or in cases where there is no statute of limitations, the evidence shall be retained indefinitely.
Only the Prosecutor or their designee, may authorize the destruction of this evidence.
e. In cases where the victim has signed a waiver of prosecution, has not contacted the
police/prosecutor’s office indicating a desire to pursue a prosecution, or has reported as a "Jane
Doe" pursuant to the Standards for Providing Services to Victims of Sexual Assault, the evidence
shall not be authorized for destruction for a minimum of 90 days from the date of the collection
of said evidence, and then only after an attempt has been made to notify the victim of the
possibility of the destruction of the evidence thereby giving them an opportunity to make a
decision on whether they wish to proceed or not with the investigation/prosecution.
f. In cases involving juvenile defendants who have been charged, except in Homicide
cases, and where there is no referral of the case to another court, with or without the juvenile’s
consent, a request for destruction authorization may be submitted 4 years after the final
adjudication or disposition of all juvenile defendants or upon release from custody, whichever is
later. Evidence in juvenile cases which are referred (waived) to another court, or in which there
are adult co-defendants, shall be subject to the retention periods for adult cases.
3. Narcotic Evidence
a. In all cases where all of the defendants in the case have been charged and all of the
defendants are deceased, upon proof of death being submitted, a request for destruction
authorization may be submitted.

Attorney General Guidelines - Evidence Retention - March 2010

Page 5

b. In cases where the defendants were convicted and no appeals or post-conviction relief
motions are pending, after a period of 5 years from the date of conviction or upon the defendants
expiration of sentence, whichever is later, a request for destruction authorization may be
submitted.
c. In all cases where the defendants have been admitted into the Pre-Trial Intervention
Program (PTI), have successfully completed PTI, and have been discharged, upon the court’s
signing an order dismissing the case as to all parties, and upon the expiration of the longest
sentence of any co-defendants not admitted into PTI, a request for destruction authorization may
be submitted.

d. Where a controlled buy or an undercover buy has taken place and the investigation has
been officially closed by the investigating agency with no prosecution having been instituted
against anyone, after a period of one year and one day, a request for destruction authorization may
be submitted.
e. Any controlled dangerous substance that has been submitted to a Forensic Laboratory
for analysis and has not been connected to any suspect or defendant and has been submitted as
Found Property, a request for destruction authorization may be submitted one year and one day
after it has been submitted to the laboratory upon verification by the submitting agency that no
prosecution has been instituted relating to the evidence.
f. In cases involving juvenile defendants who have been charged, except in Homicide
cases, and where there is no referral of the case to another court, with or without the juvenile’s
consent, a request for destruction authorization may be submitted 4 years after the final
adjudication or disposition of all juvenile defendants or upon release from custody, whichever is
later. Evidence in juvenile cases which are referred (waived) to another court, or in which there
are adult co-defendants, shall be subject to the retention periods for adult cases.

4. Firearms Evidence
a. In cases where the defendants were convicted and no appeals or post-conviction relief
motions are pending, after a period of 5 years from the date of the conviction or upon the
defendants’ expiration of sentence, whichever comes later, a destruction authorization may be
submitted. If there is a legal owner of the firearm who is not a defendant in the case and is not
otherwise legally disqualified from possessing the firearm, pursuant to any provision of Chapter
58 of the New Jersey Criminal Code, rather than destroying the weapon it should be returned to
the owner, if said owner is in possession of necessary permits.
b. Prior to any destruction authorization being granted, no firearms evidence shall be
considered for destruction until all necessary tracing tests and IBIS submissions have been
completed.

Attorney General Guidelines - Evidence Retention -March 2010

Page 6

c. In all cases where all defendants have been charged and all defendants in the case are
deceased, upon proof of death being submitted, a request for destruction authorization may be submitted.
d. If the weapon is related to a Homicide case in addition to this section, see Section 1
above.
e. If the weapon is related to a Sex Crimes case, in addition to this section, see Section
2 above.
f. If the weapon is related to a Narcotics case, in addition to this section, see Section 3
above.
g. In cases involving juvenile defendants who have been charged, except in Homicide
cases, and where there is no referral of the case to another court, with or without the juvenile’s
consent, a request for destruction authorization may be submitted 4 years after the final
adjudication or disposition of all juvenile defendants or upon release from custody, whichever is
later. Evidence in juvenile cases which are referred (waived) to another court, or in which there
are adult co-defendants, shall be subject to the retention periods for adult cases.
5. Other Evidence
a. In all cases where all defendants have been charged and all of the defendants in the case
are deceased, upon proof of death being submitted, a request for destruction authorization may
be submitted.
b. In cases where the defendants were convicted and no appeals or post-conviction relief
motions are pending, after a period of 5 years from the date of conviction or upon the defendants
expiration of sentence, whichever comes later, a request for destruction authorization may be
submitted. If there is a legal owner of said evidence who is not a defendant, no forfeiture
proceedings are pending or have been concluded and there are no appeals of said forfeiture action
pending and the ownership has not been granted to a law enforcement agency by court order, said
property shall be returned to the legal owner of same, rather than being authorized for destruction.
g. In cases involving juvenile defendants who have been charged, except in Homicide
cases, and where there is no referral of the case to another court, with or without the juvenile!s
consent, a request for destruction authorization may be submitted 4 years after the final
adjudication or disposition of all juvenile defendants or upon release from custody, whichever is
later. Evidence in juvenile cases which are referred (waived) to another court, or in which there
are adult co-defendauts, shall be subject to the retention periods for adult cases.
6. Special Circumstances
a. In cases where the any defendant has been determined by a Court to be Incompetent
to stand trial, the evidence must be retained until the defendant has become competent to stand
Attorney General Guidelines - Evidence Retention -March 2010

Page 7

trial, has died, or the Prosecutor of that respective county has made a determination to not proceed
with the prosecution of the defendant.
b. In cases where there is an acquittal of the only defendant or there is a finding of Not
Guilty By Reason of Insanity of the only defendant, then the evidence may be authorized for
destruction by the Prosecutor of that county, in a timeframe to be determined by the Prosecutor
of that county.

Other Requirements Not Superseded by this Directive
Nothing in this policy is intended to require that a law enforcement office retain evidence
in circumstances where such evidence would ordinarily be destroyed, returned to its rightful
owner, forfeited, or otherwise disposed of pursuant to existing statutes or policies.
Examples include, but are not limited to:
N.ZS.A. 2C:65-1 et seq. Disposition of Stolen Property and Documentary
Exhibits
N.ZS.A. 2C:64-1 et seq. Seized or Forfeited Property
N.J.S.A. 2C:35-21 Destruction of Bulk Seizures of Controlled Dangerous
Substances
N.J.S.A. 52:4B-36 (1.) Crime Victims Bill of Rights, Prompt Return of Property
When No Longer Needed as Evidence

Attorney General Guidelines - Evidence Retention - March 2010

Page 8

State of New Jersey

CHRIS CHRISTIE
Governor

OFFICE OF THE ATTORNEY GZNEP.A~

KIM GUADAGNO
Lieutenant Governor

DEPARTMENT OF LAW AND PUBLIC SAFETY
PO Box 080
TRENTON, NJ 08625-0080

PAULA T. Dow
Attorney General

DIRECTIVE NO. 2010-5
TO:

Director, Office of Homeland Security and Preparedness
Director, Division of Criminal Justice
Superintendent, New Jersey State Police
All County Prosecutors
All County Sheriffs
All Police Chiefs
All Law Enforcement Chief Executives

FROM:

Paula T. Dow, Attorney General

DATE:

December 3, 2010

SUBJECT:

Law Enforcement Directive Promulgating Attorney General Guidelines for the
Use of Automated License Plate Readers (ALPRs) and Stored ALPR Data

In order to fulfill the mission of protecting the public, the New Jersey law enforcement
community must take full advantage of new crime-fighting technologies as they become available.
Automated license plate readers (ALPRs) are now being used by a number of law enforcement
agencies around the nation, and a number of police agencies in New Jersey have recently acquired
these devices or are planning to do so in the near future. License plate recognition technology can be
used to support a wide range of law enforcement operations and activities, including homeland
security, criminal and terrorist suspect interdiction, revoked/suspended driver interdiction, stolen
property recovery, stay-away order enforcement and, of course, the apprehension of individuals who
are subject to an outstanding arrest warrant.
These devices enable police officers to recognize and take immediate action against vehicles
and persons who are subject to an investigative detention or arrest based on a "Be on the Lookout"
bulletin. The data collected by ALPRs can also provide solid investigative leads if, for example, a
device happened to be scanning license plates near a crime scene, allowing police to locate potential
suspects, witnesses, or victims by identifying vehicles that were in the vicinity at the time of the

New Jersey Is An Equal Opportunity Employer Printed on Recycled Paper and is Retyclable

offense. A careful analysis of stored ALPR data can also be used to detect suspicious activities that
are consistent with the modus operandi of criminals. This new technology can in this way serve an
especially important role in protecting our homeland from terrorist attack, as shown by the fact that
many of the devices that are now or soon will be in operation in this State were purchased with
homeland security grant monies.
While license plate recognition technology can help to protect public safety, the widespread
deployment and use of ALPRs, and especially the collection and storage of data pertaining to
individuals who are not reasonably believed to be involved in unlawful activity, raise legal and
policy issues. Notably, the New Jersey Supreme Court has held that while police are permitted to
"run the plates" of any vehicle they encounter while on patrol, and need not have a particularized
reason before checking a vehicle’s license plates against a government database, police in this State
may not as a result of any such lookup be shown personal identifying information about a motorist
unless there is a particularized basis for further police action. See State v. Donis, 157 N.J. 44 (1998).
The Guidelines attached hereto are designed to protect the legitimate privacy interests of motorists
by implementing the non-disclosure rule established in Donis and by adapting the Donis Court’s
rationale to the context and capabilities of ALPR technology.
Recognizing that our experience with this new and evolving technology is limited, and that
we still have much to learn about how best to incorporate these devices into our arsenal of
investigative techniques, it is appropriate for me as the State’s chief law enforcement officer to issue
uniform statewide guidelines to ensure that ALPRs are used only for bonafide law enforcement
purposes, and that the data collected by these devices are used in accordance with substantive
standards and procedural safeguards that appropriately balance the need for law enforcement
agencies to prevent and respond to terrorism and other forms of crime against the legitimate privacy
interests of persons operating motor vehicles on the roadways of this State.
THEREFORE, I, Paula Dow, Attorney General of the State of New Jersey, pursuant to the
authority granted to me by the Constitution of the State of New Jersey and by the Criminal Justice
Act of 1970, N.J.S.A. 52:17B-97 et seq., and in consultation with the Director of the New Jersey
Office of Homeland Security and Preparedness, hereby Direct the following:

1.

Adoption of Guidelines
The "Attorney General Guidelines for the Use of Automated License Plate Readers
and Stored ALPR Data" (dated December 3, 2010) attached to this Directive and
incorporated by reference into this Directive are hereby adopted and shall be
followed and enforced by all law enforcement agencies and officers operating under
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the authority of the laws of the State of New Jersey.

2.

Implementation

Every law enforcement agency operating under the authority of the laws of the State
of New Jersey that possesses or uses one or more automated license plate readers
shall, within 45 days of the issuance of this Directive, promulgate and enforce a rule,
regulation, standard operating procedure, directive, or order, in a form as may be
appropriate given the customs and practices of the agency, which shall comply with
and implement the provisions of the attached Guidelines, and which shall provide
that any sworn officer or civilian employee of the agency who knowingly violates the
agency’s rule, regulation, standard operating procedure, directive, or order shall be
subject to discipline. A law enforcement agency operating under the authority of the
laws of the State of New Jersey that purchases an automated license plate reader on
or after the effective date of this Directive shall not operate the device without having
promulgated a rule, regulation, standing operating procedure, directive, or order in
accordance with this section.

The provisions of this Directive and of the attached Guidelines pertaining to stored
ALPR data apply to all law enforcement agencies operating under the authority of the
laws of~the State of New Jersey that access or use stored ALPR data, even if the
agency does not own or operate an ALPR.
4.

Questions and Controversies
All questions concerning the interpretation, implementation, or enforcement of this
Directive, or of the attached Guidelines, shall be addressed to the Attorney General
or his or her designee.

5.

Periodic Review
The Director of the Division of Criminal Justice, in consultation with the
Superintendent of the New Jersey State Police, the Director of the Office of
Homeland Security, the County Prosecutors, the County Sheriffs, and the New Jersey
Association of Chiefs of Police, shall, within one year of the effective date of this
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Directive, report to the Attorney General on the implementation of this Directive, and
on any recommendations for revising the attached Guidelines.
6.

Effective Date
This Directive shall take effect 45 days after it is issued in order to provide an
opportunity for law enforcement agencies to comply with its requirements and to
establish and enforce policies and procedures consistent with the attached Guidelines.
Once effective, this Directive shall remain in force and effect unless and until a
repealed, amended, or superseded by Order of the Attorney General.

Paula T. Dow
Attorney General

Attest:
Counsel to the Attorney General

Issued on: December 3, 2010
Effective on : January 18, 2011

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ATTORNEY GENERAL GUIDELINES FOR THE USE OF AUTOMATED LICENSE
PLATE READERS (ALPRs) AND STORED ALPR DATA
(Issued December 3, 2010; Effective January 18, 2011)

1.

PURPOSE AND SCOPE

1.1

Reasons for Promulgating Uniform Statewide Guidelines

The purpose of these Guidelines is to provide direction to law enforcement agencies and
officers on the appropriate us e of Automated License Plate Readers (ALPRs) and the data that are
collected by these devices and stored for future law enforcement use. These Guidelines are not
intended to serve as a comprehensive operational manual. Rather, they are meant to ensure that
ALPRs and ALPR-generated data are used in an appropriate manner and only for bonafide public
safety purposes.
The following Guidelines, which are promulgated pursuant to Attorney General Law
Enforcement Directive 2010-5, should be interpreted and applied so as to achieve the following
objectives:
to ensure that "BOLO lists" (the compilation of targeted license plates that an ALPR
is "on the lookout" for) that are programmed into the internal memory of an ALPR
or that are compared against stored ALPR data are comprised only of license plates
that are associated with specific vehicles or persons for which or whom there is a
legitimate and documented law enforcement reason to identify and locate, or for
which there is a legitimate and documented law enforcement reason to determine the
subject vehicle’s past location(s) through the analysis of stored ALPR data;
to ensure that data that are captured by an ALPR can only be accessed by appropriate
law enforcement personnel and can only be used for legitimate, specified, and
documented law enforcement purposes;
to permit a thorough analysis of stored ALPR data to detect crime and protect the
homeland from terrorist attack while safeguarding the personal privacy rights of
motorists by ensuring that the analysis of stored ALPR data is not used as a means
to disclose personal identifying information about an individual unless there is a
legitimate and documented law enforcement reason for disclosing such personal
information to a law enforcement officer or civilian crime analyst; and
to ensure that stored ALPR data are purged after a reasonable period of time so as to

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minimize the potential for misuse or accidental disclosure.

1.2

Applicabili _ty of Guidelines

These Guidelines apply to all law enforcement agencies that operate under the authority of
the laws of the State of New Jersey that own or operate one or more ALPRs, that collect and
maintain ALPR data, and/or that receive or are provided access to ALPR data collected by another
agency.
1.3

Non-Enforceability_ of Rights by Third Parties

These Guidelines are issued pursuant to the Attorney General’s authority under the Criminal
Justice Act of 1970, N.J.S.A. 52:17B-97 et seq., to ensure the uniform and efficient enforcement of
the laws. These Guidelines impose limitations on the exercise of law enforcement discretion and
the use of and access to ALPR-related data that may extend beyond the requirements of the United
States and New Jersey Constitutions, and federal and state statutory law. Nothing in these
Guidelines should be construed in any way to create any rights beyond those established under the
Constitutions, statutes, and regulations of the United States and the State of New Jersey. The
provisions of these Guidelines are intended to be implemented and enforced by law enforcement
agencies that possess or use ALPRs, the New Jersey Office of Homeland Security and Preparedness,
the County Prosecutors, and the Department of Law and Public Safety, and these provisions do not
create any rights that may be enforced by any other persons or entities.
3.

DEFINITIONS

As used in these Guidelines:
"Automated License Plate Reader" or "ALPR" means a system consisting of a camera, or
cameras, and related equipment that automatically and without direct human control locates, focuses
on, and photographs license plates and vehicles that come into range of the device, that automatically
converts digital photographic images of scanned license plates into electronic text documents, that
is capable of comparing scanned license plate text data with data files for vehicles on a BOLO (be
on the lookout) list programmed into the device’s electronic memory, and that notifies police,
whether by an audible alert or by other means, when a scanned license plate matches the license plate
on the programmed BOLO list. The term includes both devices that are placed at a stationary
location (whether permanently mounted, or portable devices positioned at a stationary location) and
mobile devices affixed to a police vehicle and capable of operating while the vehicle is in motion.
"BOLO (Be on the Lookout)" or "BOLO situation" refers to a determination by a law

enforcement agency that there is a legitimate and specific law enforcement reason to identify or
locate a particular vehicle, or, in the case of a post-scan BOLO, there is a legitimate and specific
reason to ascertain the past location(s) of a particular vehicle.
"BOLO list," sometimes referred to colloquially as a "hot list," is a compilation of one or
more license plates, or partial license plates, of a vehicle or vehicles for which a BOLO situation
exists that is programmed into an ALPR so that the device will alert if it captures the image of a
license plate that matches a license plate included on the BOLO list. The term also includes a
compilation of one or more license plates, or partial license plates, that is compared against stored
license plate data that had previously been scanned and collected by an ALPR, including scanned
license plate data that is stored in a separate data storage device or system.
"Initial BOLO list" refers to the BOLO list that was programmed into an ALPR at the time
that the device was being used to scan license plates in the field.
"Post-Scan BOLO list" refers to a BOLO list that is compared against stored data collected
by an ALPR, including scanned license plate data that has been transmitted to another device or data
storage system.
"Stored data" refers to all information captured by an ALPR and stored in the device’s
memory or in a separate data storage device or system. The term includes the recorded image of a
scanned license plate and optical character recognition data, a contextual photo (i. e:, a photo of the
scanned vehicle and/or occupants), global positioning system("GPS") data (when the ALPR is
equipped with a GPS receiver) or other location information, and the date and time of the scan. The
term applies to both alert data and non-alert data that has been captured and stored by an ALPR or
in a separate data storage device or system.
"Alert data" means information captured by an ALPR relating to a license plate that matches
the license plate on an initia[~BOLO list or a post-scan BOLO list.
"Immediate alert" refers to an alert that occurs when a scanned license plate matches the
license plate on an initial BOLO list and that is reported to the officer operating the ALPR, by means
of an audible alarm or by any other means, at or about the time that the subject vehicle was
encountered by the ALPR and its license plate was scanned by the ALPR.
"Non-encounter alert" refers to an immediate alert where the officer operating the ALPR is
instructed to notify the agency that put out the BOLO without initiating an investigative detention
of the subject vehicle or otherwise revealing to the occupant(s) of that vehicle that its location has
been detected or that it isthe subject of law enforcement attention (e.g., a Violent Gang or Terrorist
Organization File (VGTOF) alert).

"Personal identifying information" means information that identifies one or more specific
individuals, including an individual’s name, address, social security number, vehicle operator’s
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license number, or biometric records. The term includes personal identifying information that is
included within the data comprising a BOLO list, as well as personal identifying information that
is learned by checking a license plate scanned by an ALPR against the Motor Vehicle Commission
database or any other data system that contains personal identifying information.
"Scan" refers to the process by which an ALPR automatically focuses on, photographs, and
converts to digital text the license plate of a vehicle that comes within range of the ALPR.
"Authorized user"means a sworn or civilian employee of a law enforcement agency who has
been authorized by the chief of the agency, or by the Attorney General or a county prosecutor or his
or her designee, to operate an ALPR, or to access and use ALPR stored data, and who has
successfully completed training provided by the agency on the agency’s ALPR policy and on these
Guidelines.
"Designated supervisor" means a superior officer assigned by the chiefofa law enforcement
agency to oversee and administer, or to assist in overseeing and administering, the agency’s use of
ALPRs and stored ALPR data. A law enforcement agency may have more than one designated
supervisor.
"Chief" of a department or agency means the highest ranking sworn officer of a law
enforcement agency.
"Post-Scan BOLO query" refers to the process of comparing a post-scan BOLO list against
stored ALPR data.

"Crime scene query" refers to the process of accessing and reviewing stored ALPR data that
had been originally scanned at or about the time and in the vicinity of a reported criminal event for
the purpose of identifying vehicles or persons that might be associated with that specific criminal
event as suspects, witnesses, or victims.
"Criminal event" means a specific incident, or series of related specific incidents, that would
constitute an indictable crime under the laws of the State of New Jersey, whether or not the
incident(s) have occurred or will occur within the State of New Jersey. The term includes an
attempt or conspiracy to commit a crime, or actions taken in preparation for the commission of the
crime, such as conducting a surveillance of the location to identify and evade or thwart security
measures, or conducting a rehearsal of a planned crime. The term includes two or more separate
criminal acts or episodes that are linked by common participants or that are reasonably believed to
have been undertaken by a criminal organization or as part of an ongoing conspiracy.
"Crime trend analysis" refers to the analytical process by which stored ALPR data is used,
whether alone or in conjunction with other sources of information, to detect crime patterns by
studying and linking common elements of recurring crimes; to predict when and where future crimes
may occur; and to link specific vehicles to potential criminal or terrorist activity. The term includes
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an automated process in which a computer program analyzes stored data to identify potentially
suspicious activity or other anomalies involving one or more scanned vehicles and where such
automated analysis is done without disclosing personal identifying information about any individual
to an authorized user or any other person except as may be authorized_pursuant to Section 10.2.3 of
these Guidelines.

4.

DEPLOYMENT OF ALPRS

4.1

Restricted Uses

An ALPR and data generated by an ALPR shall only be used for official and legitimate law
enforcement business.
4.2

ALPR Scanning Limited to Vehicles Exposed to Public View

An ALPR shall only be used to scan license plates of vehicles that are exposed to public view
(e.g., vehicles on a public road or street, or that are on private property but whose license plate(s)
are visible from a public road, street, or a place to which members of the public have access, such
as the parking lot of a shopping mall or other business establishment).
4.3

Supervisory_ Approval of All ALPR Deployments

An ALPR shall not be deployed in the field unless the deployment has been authorized by
the chief of the department or a designated supervisor, or by the Attorney General or designee or
a county prosecutor or designee. Such authorization may be given for repeated or continuous
deployment of an ALPR (e.g., mounting the device on a particular police vehicle, or positioning the
ALPR at a specific stationary location), in which event the deployment authorization shall remain
in force and effect unless and until rescinded or modified by the chief or designated supervisor, or
the Attorney General or county prosecutor or designee.
4.4

Trained Operators and Analysts

A sworn officer or civilian employee of the department may operate an ALPR or access or
use ALPR stored data only if the person has been designated as an authorized user by the chief of
the department, or by the Attorney General or designee or a county prosecutor or designee, and has
received training from the department on the proper use and operation of ALPRs, the requirements
of Attorney General Law Enforcement Directive 2010-5, and these Guidelines, and any policies and

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procedures goveming the use of ALPRs and ALPR data issued by the department pursuant to
Attorney General Directive 2010-5and Section 14 of these Guidelines.

5.

MAINTENANCE OF RECORDS

5.1

Records Documenting the Deployment of ALPRs

Each department that owns or operates an ALPR shall maintain a written or electronic record
that documents the following information:
date and time when the ALPR was deployed;
whether the ALPR was mobile, or was stationed at a fixed specified location;
the identity of the operator;
whether ALPR data was transferred to any other database or data storage device or system.

5.2

Records Documenting the Use of Stored ALPR Data

Each department that stores ALPR data shall maintain a record of all access to stored ALPR
data. The department’s ALPR data record keeping system, which may be automated, shall document
the following information:
the date and time of access, and, in the case of access to stored non-alert data, the type of
access authorized by Section 10.2 of these Guidelines (i. e., post-scan BOLO query, crime
scene query, or crime trend analysis);
the authorized user who accessed the stored data;
whether an automated software program was used to analyze stored data;
the designated supervisor who reviewed and approved any disclosure of personal identifying
information based upon crime trend analysis when such approval is required by Section
10.2.3 of these Guidelines;
the designated supervisor who approved any use of an automated crime trend analysis
computer program that would automatically alert and disclose personal identifying

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information in accordance with Section 10.2.3;
any other information required to be documented pursuant to Section 10.2 or any other
provision of these Guidelines.
5.3

Maintenance of Records

All written or electronic records of ALPR activity and access to ALPR data shall be
maintained by the department for a period of five years, and shall be kept in a manner that makes
such records readily accessible to any person authorized by these Guidelines to audit the
department’s use of ALPRs and ALPR-generated data. When a department employs an automated
system to record any information that is required to be documented pursuant to these Guidelines, it
shall not be necessary for the department to maintain duplicate records of any events or transactions
that are documented by the automated record-keeping system.

6.

CONTENT AND APPROVAL OF BOLO LISTS

6.1

Criteria for and Examples of Legitimate BOLO Situations

A license plate number or partial license plate number shall not be included in an ALPR
initial BOLO list unless there is a legitimate and specific law enforcement reason to identify or locate
that particular vehicle, or any person or persons who are reasonably believed to be associated with
that vehicle. A license plate or partial license plate number shall not be included in a Post-Scan
BOLO list unless there is a legitimate and specific law enforcement reason to ascertain the past
locations(s) of that particular vehicle, or of any person or persons who are reasonably believed to be
associated with that vehicle.
Examples of legitimate and specific reasons include, but are not limited to: persons who are
subject to an outstanding arrest warrant; missing persons; AMBER Alerts; stolen vehicles; vehicles
that are reasonably believed to be involved in the commission of a crime or disorderly persons
offense; vehicles that are registered to or are reasonably believed to be operated by persons who do
not have a valid operator’s license or who are on the revoked or suspended list; vehicles with expired
registrations or other Title 39 violations; persons who are subject to a restraining order or curfew
issued by a court or by the Parole Board, or who are subject to any other duly issued order restricting
their movements; persons wanted by a law enforcement agency who are of interest in a specific
investigation, whether or not such persons are themselves suspected of criminal activity; and persons
who are on any watch list issued by a State or federal agency responsible for homeland security.

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6.2

Batch Downloading of BOLO List Data

BOLO list information may be downloaded in batch form from other databases, including
but not limited to the National Crime Information Center (NCIC), National Insurance Crime Bureau,
United States Department of Homeland Security, and Motor Vehicle Commission database.

6.3

Updates to BOLO Lists

An initial BOLO list may be revised at any time. In the event that an initial BOLO list is
constructed, in whole or in part, with sets of data downloaded from another database, so as to
account for any changes that may have been made in the data maintained in those other databases,
updates to the initial BOLO list shall, in the case of a mobile unit attached to a police vehicle, be
made at the start of each shift, and in the case of an ALPR positioned at a stationary location, be
made as frequently as is practicable, and on not less than a daily basis. Information concerning any
license plate that is referenced in an AMBER Alert activated by the New Jersey State Police shall
be added to the initial BOLO list as expeditiously as possible, and shall remain in the initial BOLO
list until the AMBER Alert expires or is withdrawn.
6.4

Special Instructions for Immediate Alert Response

When practicable, the reason for placing a vehicle on BOLO list shall be included with the
BOLO and shall be disclosed to the officer who will react to an immediate alert. If for any reason
an officer reacting to an immediate alert should not initiate an investigative detention (e.g., where
the license plate was included in the BOLO list because the department or any other agency wanted
to be notified of the location of the subject vehicle without alerting the driver/occupants that they
are the subject of law enforcement attention, such as in the case of Violent Gang or Terrorist
Organization File (VGTOF) alert), to the extent feasible, the information attached to the license plate
on the BOLO list shall be entered in such a way as to cause the ALPR to clearly designate an
immediate alert as a "non-encounter" alert, and shall provide specific instructions to the officer as
to who to notify of the alert. See Section 7, infra.

7.

POLICE ACTIONS IN RESPONSE TO AN IMMEDIATE ALERT

When an officer operating a vehicle equipped with an ALPR receives an immediate alert, the
officer shall take such action in response to the alert as is appropriate in the circumstances. An
officer alerted to the fact that an observed motor vehicle’s license plate is on the BOLO list may be
required to make a reasonable effort to confirm that a wanted person is actually in the vehicle before
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the officer would have a lawful basis to stop the vehicle. See State v. Parks, 288 N.J. Super. 407
(App. Div. 1996) (police do not have reasonable suspicion to justify a stop based on a computer
check that shows that the operator’s license of the registered owner of the vehicle is suspended
unless the driver generally matches the owner’s physical description (e.g., age and gender)).
An officer reacting to an immediate alert shall consult the database to determine the reason
why the vehicle had been placed on the BOLO list and whether the alert has been designated as a
non-encounter alert. In the event of a non-encounter alert, the officer shall follow any instructions
included in the alert for notifying the law enforcement or homeland security agency that had put out
the BOLO. Se__ge Section 6.4, su_9_p_~_.
8.

SECURITY OF STORED ALPR DATA

8.1

Physical Security and Limited Access

All ALPR stored data shall be kept in a secure data storage system with access restricted to
authorized persons. Access to this stored data shall be limited to the purposes described ih Section
10 of these Guidelines.
8.2

Differentiation of Stored Positive Alert Data From Non-Alert Data

Stored ALPR data shall be maintained electronically in such a manner as to distinguish alert
data from non-alert data so as to ensure that access to and use of non-alert data and any disclosure
of personal identifying information resulting from the analysis of non-alert data occurs only as may
be authorized pursuant to section 10.2 of these Guidelines. Positive alert data may, as appropriate,
be transferred to the appropriate active investigation file, see also Section 10.1, infra, and may as
appropriate be placed into evidence in accordance with the department’s evidence or records
management procedures.

9.

RETENTION PERIOD AND PURGING OF STORED DATA

Each law enforcement agency shall, pursuant to the provisions of Section 14 of these
Guidelines, establish and enforce procedures for the retention and purging of stored ALPR data in
accordance with this Section. ALPR stored data shall be retained for a period of five years, after
which, the data shall be purged from the agency’s data storage device or system. A law enforcement
agency may purge ALPR data before the expiration of the five-year retention period only if the data
has been transferred to the State Police Regional Operations Intelligence Center (R.O.I.C.)or any
other system that aggregates and stores data collected by two or more law enforcement agencies in
accordance with the provisions of these Guidelines. Any ALPR data transferred to another agency

,9-

shall indicate the date on which the data had been collected by the ALPR so that the receiving agency
may comply with the five-year retention and purging schedule established in this Section. See also
Section 11.1 and 11.2, infra.

10.

LIMITATIONS ON ACCESS TO AND USE OF STORED ALPR DATA

10.1

Access to Positive Alert Data

An authorized user may access and use stored ALPR alert data as part of an active
investigation or for any other legitimate law enforcement purpose, including but not limited to a
post-scan BOLO query, a crime scene query, or crime trend analysis. A record shall be made of
the access to the data, which may be an automated record, that documents the date of access, and the
identity of the authorized user. An authorized user need not obtain approval from the chief or
designated supervisor, or Attorney General or county prosecutor or designee, for each occasion on
which he or she accesses and uses stored ALPR data. Once positive alert data has been accessed
and transferred to an investigation file, it shall not be necessary thereafter to document further access
or use of that data pursuant to these Guidelines.
10.2

Access to Non-Alert Data

Access to and use of stored non-alert ALPR data is limited to the following three purposes:
a post-scan BOLO query, a crime-scene query, and crime trend analysis. An authorized user does
not need to obtain approval from the chief or a designated supervisor, or Attorney General or county
prosecutor or designee, for each occasion on which he or she accesses and uses stored non-alert data
pursuant to this Section.

10.2.1 Post-Scan BOLO Query
A law enforcement agency is authorized to compare a post-scan BOLO list against stored
ALPR data where the results of the query might reasonably lead to the discovery of evidence or
information relevant to any active investigation or ongoing law enforcement operation, or where the
subject vehicle might be placed on an active initial BOLO list. (For example, a law enforcement
agency may review stored non-alert data to determine whether a specific vehicle was present at the
time and place where the ALPR data was initially scanned for the purpose of confirming or
dispelling an alibi defense, or to develop lead information for the purpose of locating a specified
vehicle or person. A law enforcement agency may also check stored data to determine whether a
vehicle that was only recently added to an initial BOLO list had been previously observed in the
jurisdiction before it had been placed on an initial BOLO list. )
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10.2.2 Crime Scene Query.
a. A law enforcement agency is authorized to access and use stored non-alert data where
such access might reasonably lead to the discovery of evidence or information relevant to the
investigation of a specific criminal event as defined in these Guidelines. Note that if the law
enforcement agency has reason to believe that a specific person or vehicle was at or near the location
of the specific crime at the time of its commission, non-alert stored data might also be examined
under the authority of Section 10.2.1 as part of post-scan BOLO query.
b. A crime scene query may not be conducted to review stored non-alert data based on
general crime patterns (i. e., e.g., to identify persons traveling in or around a "high crime area"), but
rather is limited to situations involving specific criminal events as that term is defined in these
Guidelines.
c. The crime scene query of non-alert stored data shall be limited in scope to stored nonalert data that is reasonably related to the specified criminal event, considering the date, time,
location, and nature of the specified criminal event. For example, a crime that reasonably involves
extensive planning and possible "rehearsals," such as a terrorist attack, would justify examining
stored non-alert data that had been scanned and collected days or even weeks or months before the
criminal event, and that may have been scanned at a substantial distance from the site of the crime
or intended crime (e.g., at any point along a highway leading to the intended crime site). A
spontaneous crime, in contrast, might reasonably justify examination of stored non-alert data that
was scanned and collected on or about the time of and in closer physical proximity to the criminal
event.
d. The law enforcement agency shall document the specific crime or related crimes
constituting the criminal event and the date(s) and location(s) of the specific crime(s).
10.2.3 Crime Trend Analysis

a. A law enforcement agency may access and use stored non-alert data for purposes of
conducting crime trend analysis, as that term is defined in these Guidelines, when such access and
analysis is approved by a designated supervisor and where such analysis is undertaken to produce
analytical products that are intended to assist the agency in the performance of its duties. A
designated supervisor may authorize one or more authorized users to conduct a method or methods
of crime trend analysis on a repeated or continuous basis, in which event such authorization shall
remain in force and effect unless and until modified or rescinded by the supervisor. A designated
supervisor may also approve the use of an automated software program to analyze stored data to look
for potentially suspicious activity or other anomalies that might be consistent with criminal or
terrorist activity.

-11-

b. Crime trend analysis of stored non-alert data, whether automated or done manually, shall
not result in the disclosure of personal identifying information to an authorized user or any other
person unless:

1)

the agency can point to specific and articulable facts that warrant further
investigation of possible criminal or terrorist activity by the driver or
occupants of a specific vehicle (i.e., unusual behavior consistent with the
modus operandi of terrorists or other criminals), and access to the personal
identifying information based on those specific and articulable facts has been
approved by a designated supervisor. Such approval may be given by a
designated supervisor in advance when the crime trend analysis reveals the
existence of specified suspicious circumstances that would warrant further
investigation and that would justify disclosure of personal identifying
information to the authorized user conducting the analysis under the "specific
and articulable facts that warrant further investigation" standard of proof
established in this Section. The supervisor shall document any and all
specified suspicious circumstances for which disclosure of personal
identifying information is pre-approved if those suspicious circumstances are
revealed by authorized crime trend analysis. When an automated crime trend
analysis computer program is used, specified suspicious circumstances that
would warrant further investigation and that would justify disclosure of
personal identifying information to an authorized user under this Section may
also be pre-approved by a designated supervisor and built into the computer
program so that if the program identifies the existence of the pre-determined
suspicious circumstances, it will automatically alert the authorized user of the
suspicious activity and provide to him or her the relevant personal identifying
information in accordance with the "specific and articulable facts that warrant
further investigation"standard of proof established in this Section; or

2)

Disclosure of personal identifying information concerning any vehicle plate
scanned by the ALPR is authorized by a grand jury subpoena.

c. Nothing in this Section shall be construed to prohibit a computer program from accessing
and comparing personal identifying information of one or more individuals who are associated with
a scanned vehicle as part of the process of analyzing stored non-alert data, provided that such
personal identifying information is not disclosed to a person unless the "specific and articulable
facts that warrant further investigation" standard is satisfied. The "specific and articulable facts that
warrant further investigation" standard set forth in this Section applies only to the crime trend
analysis of non-alert data, and nothing in this Section shall be construed to limit disclosure of
personal identifying information of a person who is the registered owner of a vehicle that is on an
initial or post-scan BOLO list (i. e., alert data).
d. For the purposes of this Section, the "specific and articulable facts that warrant further
investigation" standard required for the disclosure of personal identifying based upon crime trend

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analysis of stored non-alert data is intended to be comparable to the "specific and articulable facts
that warrant heightened caution" standard developed by the New Jersey Supreme Court in State v.
Smith, 134 N.J. 599, 616-19 (1994) (establishing the level of individualized suspicion required
before an officer may order a passenger to exit a motor vehicle stopped for a traffic violation).
e. The law enforcement agency accessing stored non-alert ALPR data for purposes of
conducting crime trend analysis shall document: the nature and purpose of the crime trend analysis;
the persons who accessed stored non-alert ALPR data for use in conducting that analysis; and the
designated supervisor who approved access to ALPR non-alert data. In any instance where personal
identifying information is disclosed based upon crime trend analysis of stored non-alert data, the
agency shall document the specific and articulable facts that warrant further investigation and the
designated supervisor who reviewed those facts and approved the disclosure of personal identifying
information, or who pre-approved disclosure of personal identifying information based upon
specified circumstances identified by an automated crime trend analysis computer program, or,
where applicable, the fact that access to personal identifying information was authorized by a grand
jury subpoena.

11.

SHARED LAW ENFORCEMENT ACCESS TO STORED ALPR DATA

11.1

Authorization to Share and Aggregate Data

Any ALPR data that may in conformance with these Guidelines be accessed and used by the
law enforcement agency that collected the data may be shared with and provided to any other law
enforcement agency. Stored ALPR data may be combined with ALPR data collected by two or more
law enforcement agencies (e.g., collection of stored data by the State Police Regional Operations
Intelligence Center), provided that such aggregated data shall only be retained, accessed, and used
in accordance with the provisions of these Guidelines.
11.2

Record of Shared Access and Responsibilities of the Receiving Agency

When ALPR data is made accessible to or otherwise shared with or transferred to another law
enforcement agency, the agency that collected the ALPR data shall document the identity of the
other agency and the specific officer(s) or civilian employee(s) of that agency who were provided
the information. When the transfer of stored ALPR data is done periodically as part of a system for
aggregating data collected by two or more law enforcement agencies (e.g., the scheduled and routine
transmittal of data to the State Police Regional Operations Intelligence Center), each agency
contributing data to the combined database shall maintain a record of the data transfer, which may
be an automated record, and shall have and keep on file a memorandum of understanding or
agreement or other memorialization of the arrangement for maintaining and populating a database
comprised of stored ALPR data collected by multiple law enforcement agencies. Any agency
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provided with access to or use of the ALPR data collected by another agency shall comply with all
applicable provisions of these Guidelines concerning stored ALPR data and disclosure of personal
identifying information.

13.

RELEASE OF ALPR DATA TO NON-LAW ENFORCEMENT PERSONS OR
AGENCIES

Stored ALPR data shall be treated as "criminal investigatory records" within the meaning of
N.J.S.A. 47:1A-1 et seq., and shall not be shared with or provided to any person, entity, or
government agency, other than a law enforcement agency, unless such disclosure is authorized by
a subpoena or court order, or unless such disclosure is required by the Rules of Court governing
discovery in criminal matters. Any agency receiving a subpoena or court order for the disclosure
of ALPR data shall, before complying with the subpoena or court order, provide notice to the County
Prosecutor, or to the Division of Criminal Justice in the case of any state-level law enforcement
agency.

14.

PROMULGATION AND ENFORCEMENT OF DEPARTMENTAL POLICIES

14.1

Required Contents of Departmental Policies

Pursuant to the requirements of Attorney General Law Enforcement Directive 2010-5, every
law enforcement agency that possesses or uses an ALPR must promulgate and enforce a rule,
regulation, standing operating procedure, directive, or order that establishes a comprehensive policy
governing the operation of ALPRs, and governing access to, use, and retention of all stored ALPR
data. The ALPR policy promulgated by the department must be consistent with the standards and
procedural safeguards established in these Guidelines, and each ALPR policy must include the
following provisions:
a. The ALPR policy shall provide that the chief of the department will designate one or
more superior officers to oversee and administer the agency’s ALPR program. These
designated supervisors will be authorized to: provide or oversee the training of all officers
and civilian employees who are authorized to operate an ALPR or to access or use ALPR
stored data; review and approve requests to access and use stored ALPR data to conduct
crime trend analysis and/or to access personal identifying information based upon crime
trend analysis; and generally to ensure compliance with the department’s ALPR policy and
these Guidelines.
b. The ALPR policy shall provide that the chief of the department shall designate all
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authorized users, and that no officer or civilian employee will be authorized to operate an
ALPR, or to access or use ALPR stored data, unless the officer or civilian employee has
received training by the department on the proper operation of these devices, and on the
provisions of the department’s ALPR policy and these Guidelines.
c. The ALPR policy shall implement and enforce the five-years retention period for ALPR
stored data established in Section 9 of these Guidelines, and must provide for the purging of
all ALPR stored data at the expiration of the five-year term.
d. The ALPR policy shall provide for the documentation of all ALPR-related activities and
decisions that are required to be documented by Section 5 or any other provision of these
Guidelines, which may be done by an automated record-keeping system~ and shall provide
that such records documenting the use of ALPRs and ALPR stored data shall be maintained
for 5 years and shall be kept in a place and in a manner as to facilitate a review and audit of
the department’s ALPR program by the County Prosecutor or by the Attorney General or his
or her designee.
e. The ALPR policy shall provide that any sworn officer or civilian employee of the agency
who knowingly violates the agency’s policy, or these Guidelines, shall be subject to
discipline.

f. The ALPR policy shall provide that all significant violations of the agency’s policy, or
of these Guidelines, including but not limited to all instances involving the unauthorized
access or use of ALPR stored data, must be reported to the County Prosecutor, or to the
Director of the Division of Criminal Justice in cases involving a state-level agency, upon
discovery of the violation. Unless the County Prosecutor or Director elects to conduct or
oversee the investigation of the violation, such notification of the violation shall be followed
up with a report, approved by the chief of the department, explaining to the County
Prosecutor, or to the Director, the circumstances of the violation, and the steps that are being
taken to prevent future similar violations.
14.2

Notice of ALPR Policies and Revisions Provided to County Prosecutors or the Division of
Criminal Justice

The chief of the department shall provide a copy of the agency’s written ALPR policy to the
County Prosecutor, or to the Division of Criminal Justice in the case of a state-level agency, at or
before the time of promulgation, and shall provide to the County Prosecutor, or to the Division,
copies of any amendments or revisions to the agency’s ALPR policy at or before the time that such
amendments take effect.

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15.

ALPR PROGRAM ACCOUNTABILITY

15.1

ALPR Program Audits

All ALPR records documenting the use of an ALPR, or access to or use of ALPR stored data,
whether kept manually or by means of an automated record-keeping system, shall be subject to
review and audit by the County Prosecutor, or by the Attorney General or his or her designee.
15.2

Handling of Complaints

Any complaints about a department’s ALPR program made by any citizen or entity shall be
forwarded to the appropriate County Prosecutor, or to the Director of the Division of Criminal
Justice in the case of a State-level agency, for appropriate review and handling. The County
Prosecutor, or Director, may conduct an investigation, or may direct the agency that is the subject
of the complaint to conduct an investigation and to report back to the County Prosecutor or Director.

16,

SANCTIONS FOR NON-COMPLIANCE

If the Attorney General or his or her designee has reason to believe that a law enforcement
agency or officer or civilian employee is not complying with or adequately enforcing the provisions
of these Guidelines, the Attorney General may temporarily or permanently suspend or revoke the
authority of the department, or any officer or civilian employee, to operate an ALPR, or to gain
access to or use ALPR stored data. The Attorney General or her designee may initiate disciplinary
proceedings, and may take such other actions as the Attorney General in his or her sole discretion
deems appropriate to ensure compliance with these Guidelines.

17.

AUTHORITY OF ATTORNEY GENERAL TO GRANT EXEMPTIONS OR
SPECIAL USE AUTHORIZATIONS

ALPRs, and all ALPR stored data, shall only be used and accessed for the purposes and in
the manner authorized by these Guidelines. In recognition of the need to be able to address issues
or circumstances that are not contemplated by these Guidelines, the Attorney General or his or her
designee may grant an exemption from any provision of these Guidelines, and may authorize the
specific use of an ALPR, or the data collected by or derived from an ALPR, that is not expressly
authorized by these Guidelines. Any request by a department to use an ALPR or ALPR-generated
data for a purpose or in a manner not authorized by these Guidelines shall be made to the Attorney

-16-

General or his or her designee through the Director of the Division of Criminal Justice or his or her
designee, who shall make recommendations on whether to grant the agency’s specific request for an
exemption or special authorization. Such requests shall be made in writing unless the circumstances
are exigent, in which event the request by the agency and approval or denial by the Attorney General
or his or her designee may be given orally, in which event the circumstances of the request and the
approval or denial shall be memorialized in writing as soon thereafter as is practicable.

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State of New Jersey

CHRIS CHRISTIE
Governor

OFFICE OF THE ATTORNEY GENERAL

PAULA T. Dow
Attorney General

DEPARTMENT OF LAW AND PUBLIC SAFETY
DWISION OF CRIMINAL JUSTICE
PO Box 085

KIM GUADAGNO
Lieutenant Governor

TRENTON, NJ 08625-0085

STEPHEN J. TAYLOR
Director

TELEPHONE: (609) 984-6500

DIRECTIVE NO. 2011 - 1
REVISES AND REPLACES DIRECTIVE 20101 TO:

DIRECTOR, DIVISION OF CRIMINAL JUSTICE
ALL COUNTY PROSECUTORS
ALL POLICE CHIEFS
ALL LAW ENFORCEMENT CHIEF EXECUTIVES

FROM:

PAULA T. DOW, ATTORNEY GENERAL

DATE:

January 6, 2011

SUBJECT:

ATTORNEY GENERAL GUIDELINES FOR THE RETENTION OF
EVIDENCE

On March 9, 2010, I issued Law Enforcement Directive 2010-1, promulgating Guidelines
for the Retention of Evidence. During the first year of the implementation of this program, questions
have arisen concerning sections of the guidelines that require clarification. Therefore, I am reissuing
the directive and guidelines, with necessary amendments to address the questions that have arisen
regarding the original guidelines. This Directive and the Attached Guidelines supersede and replace
Law Enforcement Directive 2010-1.
The primary duty of the Prosecutor is not to convict, but to ensure that justice is done. State
v. Ramseur, 106 N.J. 123 (1987); State v. Zola, 112 N.J. 384 (1988). In keeping with this trust, the
Attorney General and the County Prosecutors hereby intend to provide for the retention of evidence
in criminal cases to protect public safety and the interests of crime victims and their families, and
to afford to those who are serving a sentence for a crime the opportunity to challenge their
convictions, in appropriate cases.
The attached Attorney General Guidelines for the Retention of Evidence in criminal cases
have been jointly formulated by the Attorney General and the County Prosecutors and are
promulgated pursuant to the Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 et seq., which
recognizes the importance of public confidence in the administration of criminal justice and provides

New Jersey Is An Equal Opportunity Employer. Printed on Recycled Paper and is Recyclable

Page 2

for the general supervision of the County Prosecutors by the Attorney General as chief law
enforcement officer of the State.
THEREFORE, I, Paula Dow, Attomey General, pursuant to the authority granted to the
Attorney General of the State of New Jersey by the Criminal Justice Act of 1970, N.J.S.A. 52:17B-97
et seq., hereby issue the attached Guidelines to all County Prosecutors, Police Chiefs and Law
Enforcement Chief Executives in the State of New Jersey, to be applied in accordance with the terms
of this Directive:
1.

Adoption of Guidelines

The "Attorney General Guidelines for the Retention of Evidence" attached to this Directive
and incorporated by reference into this Directive are formally adopted, with the purpose of providing
the basis for procedures to be established to govern the retention of evidence in criminal cases
throughout the State of New Jersey by law enforcement agencies.
2.

Implementation

Each County Prosecutor’s Office shall develop and follow its own Evidence Destruction
Authorization Policy and Procedures, in accordance with the attached Guidelines, which shall
include procedures to be followed both for evidence held by the County Prosecutor’s Office and for
evidence being held by local law enforcement agencies within the jurisdiction.

3.

Questions and Controversies

Questions regarding the content of this Directive or the interpretation, implementation or
utilization of these Guidelines should be addressed to the Prosecutors Supervision and Coordination
Bureau, Division of Criminal Justice, at (609) 984-2814.

Page 3

4.

Effective Date

This Law Enforcement Directive shall take effect immediately and shall remain in force and
effect, unless and until repealed, amended or superseded by order of the Attorney General.
Given under my hand and seal, this ( ~ day of
January, in the year Two Thousand and Eleven, and of
the Independence of the United States, the Two

Paula T. Dow
Attorney General
Attest:

Phillip Kwon
First Assistant Attorney General

ATTORNEY GENERAL GUIDELINES FOR THE
RETENTION OF EVIDENCE

PAULA T. Dow
ATTORNEY GENERAL
DEPARTMENT OF LAW AND PUBLIC SAFETY
AND
THE NEW JERSEY COUNTY PROSECUTORS ASSOCIATION

REVISED JANUARY 2011
TRENTON~ NEW JERSEY

Attorney General Guidelines for the Retention of Evidence
Table of Contents
Attorney General Guidelines for the Retention of Evidence .....................
3
Introduction ........................ ........................
3
Amendments ...............................................
3
Retention Schedule for Evidence ......................................
4
General Provisions ...........................................
4
Scope of the Guidelines - Applicability to Municipal Court Cases ........
4
Development of Evidence Destruction Policy .....................
4
Authorization Requirement .................................
4
Completion of Sentence ...................................
4
Items Not Needed for Prosecution ............................
4
Educational Use ........................................
5
Timeframes for Evidence Destruction ...............................
5
1. Homicide Evidence ....................................
5
2. Sex Crimes Evidence ..................................
5
3. Narcotic Evidence ....................................
6
4. Firearms Evidence ....................................
7
5. Other Evidence ......................................
8
6. Special Circumstances ..................................
8

Other Requirements Not Superseded by this Directive .......................
9

Attorney General Guidelines - Evidence Retention - January 2011

Page 2

Attorney General Guidelines for the Retention of Evidence
Introduction
Law enforcement agencies have schedules in place for the retention of criminal case files
and other documentary records that are maintained by their agencies. These records retention
schedules are promulgated by the Division of Archives and Records Management (hereinafter
DARM) in the Department of State.1 However, these records retention schedules govern only
documentary records such as case files, logbooks, etc. These schedules do not govern the
retention of criminal case evidence.
Until now, there has been little direction on the topic of retention of evidence and, as a
result, most law enforcement agencies have used the documentary records retention schedules for
evidence retention. As criminal forensic science has improved, the volume of evidence gathered
at crime scenes has grown exponentially. For many law enforcement agencies, this has created
a looming evidence storage crisis.

Although this problem exists in most types of cases, it is most severe for homicide cases,
for which an entire room may be required to hold the evidence from just one case. The DARM
documentary records retention schedules for law enforcement agencies such as police departments,
county prosecutors and county sheriffs provide that homicide records are "permanent." This
standard, which can be met for documents through the use of microfilming and destruction of the
original documents, is wholly impractical when applied to physical evidence. Although DARM’s
documentary records retention schedule was not promulgated for application to evidence, agencies
adopted it for evidence retention in the absence of other guidance. It is the intention of the
Attorney General and the County Prosecutors to promulgate these standards in order to remedy
this problem.

Amendments
As with any new policy, unanticipated questions have arisen since the issuance of these
Guidelines. Therefore, I am reissuing the directive and guidelines, with necessary amendments to
address the questions that have arisen regarding the original guidelines.

1These records retention schedules can be found online at:
http://www.nj archives.org/links/retention.html
Attorney General Guidelines - Evidence Retention - January 2011

Page 3

Retention Schedule for Evidence
General Provisions
Scope of the Guidelines - Applicability to Municipal Court Cases
These Guidelines apply to all indictable offenses handled in Superior Court. Evidence
relating to cases disposed of in Municipal Court, where there is no companion Superior Court case,
is not covered by these Guidelines. Evidence from Municipal Court cases, other than DUI cases,
may be destroyed one year after the disposition of the Municipal Court case. Evidence used in DUI
cases shall be retained for ten years following the disposition of the case. It shall be the
responsibility of the law enforcement agency holding the evidence to determine that the municipal
court case has been disposed of, and the date of disposition. Once that determination has been made,
the law enforcement agency shall not be required to obtain authorization from a County Prosecutor
or Municipal Prosecutor prior to destroying the evidence.

Development of Evidence Destruction Policy
The following timeframes for Evidence Destruction Authorization are suggested for
statewide usage by all County Prosecutor’s Offices. Each County Prosecutor’s Office shall develop
and follow its own Evidence Destruction Policy and Procedures. The County Prosecutor may
impose additional requirements, if necessary.

Authorization Requirement
The mere fact that an item of evidence may satisfy the qualifications for being subject to
destruction does not mean that it is automatically destroyed. The appropriate Prosecutor’s Office
must review and provide authorization pursuant to their respective Policy and Procedures, before any
destruction is to take place. The reference to "Prosecutor" contained herein shall include and also
refer to the Director of the Division of Criminal Justice for purposes of this document. A County
Prosecutor or the Director of the Division of Criminal Justice may designate one or more Assistant
Prosecutors or Deputy Attorneys General to authorize evidence destruction on their behalf.

Completion of Sentence
For the purposes of these Guidelines, the expiration of a sentence shall include any postincarceration supervision or other supervision such as community supervision for life (CSL) or
parole supervision for life (PSL).

Items Not Needed for Prosecution
Nothing in these Guidelines shall require the retention of items or portions of seized items
that are not required for prosecution of a case. Furthermore, if the evidentiary portion of an object
can be removed, the entire object need not be retained. Examples of such items are not limited to

Attorney General Guidelines - Evidence Retention -January 2011

Page 4

but may include the hard drive of a computer, the "black box" in a vehicle or a bloodstained section
of a carpet or a piece of furniture.
Educational Use
The County Prosecutor or the Director of the Division of Criminal Justice may authorize the
use of property, otherwise meeting the criteria for destruction, for a bona fide law enforcement
educational purpose or for preservation as a historical object.

Timeframes for Evidence Destruction
1. Homicide Evidence
a. In all cases where all defendants have been charged and all of the defendants in the case
are deceased, upon proof of death being submitted, a request for destruction authorization may
be submitted.
b. In cases where the defendants were convicted and no appeals or post-conviction relief
motions are pending, after a period of 5 years from the date of conviction or upon the defendants
expiration of sentence, whichever is later, a request for destruction authorization may be
submitted.
c. In cases where no suspects have been identified but a DNA profile has been obtained
and submitted to CODIS, or fingerprint evidence that has been submitted to AFIS, or there is no
statute of limitations, the evidence shall be retained indefinitely. Only the Prosecutor or their
designee, may authorize the destruction of this evidence.
2. Sex Crimes Evidence
a. In all cases where all of the defendants have been charged and all of the defendants in
the case are deceased, upon proof of death being submitted, a request for destruction authorization
may be submitted.
b. In cases where the defendants were conv.icted and no appeals or post-conviction relief
motions are pending, after a period of 5 years from the date of conviction or upon the defendants
expiration of sentence, whichever is later, a request for destruction authorization may be
submitted.
c. In all cases where the defendants have been admitted into the Pre-Trial Intervention
Program (PTI), have successfully completed PTI, and have been discharged, upon the court’s
signing an order dismissing the case as to all parties, and upon the expiration of the longest
sentence of any co-defendants not admitted into PTI, a request for destruction authorization may
be submitted.
Attorney General Guidelines - Evidence Retention - January 2011

Page 5

d. In cases where no suspects have been identified but a DNA profile has been obtained
and submitted to CODIS, or in the case of fingerprint evidence that has been submitted to AFIS,
or in cases where there is no statute of limitations, the evidence shall be retained indefinitely.
Only the Prosecutor or their designee, may authorize the destruction of this evidence.
e. In cases where the victim has signed a waiver of prosecution, has not contacted the
police/prosecutor’s office indicating a desire to pursue a prosecution, or has reported as a "Jane
Doe" pursuant to the Standards for Providing Services to Victims of Sexual Assault, the evidence
shall not be authorized for destruction for a minimum of 90 days from the date of the collection
of said evidence.
f. In cases involving juvenile defendants who have been charged, except in Homicide
cases, and where there is no referral of the case to another court, with or without the juvenile’s
consent, a request for destruction authorization may be submitted 4 years after the final
adjudication or disposition of all juvenile defendants or upon release from custody, whichever is
later. Evidence in juvenile cases which are referred (waived) to another court, or in which there
are adult co-defendants, shall be subject to the retention periods for adult cases.
3. Narcotic Evidence
a. In all cases where all of the defendants in the case have been charged and all of the
defendants are deceased, upon proof of death being submitted, a request for destruction
authorization may be submitted.
b. In cases where the defendants were convicted and no appeals or post-conviction relief
motions are pending, after a period of 5 years from the date of conviction or upon the defendants’
expiration of sentence, whichever is later, a request for destruction authorization may be
submitted,
c. In all cases where the defendants have been admitted into the Pre-Trial Intervention
Program (PTI), have successfully completed PTI, and have been discharged, upon the court’s
signing an order dismissing the case as to all parties, and upon the expiration of the longest
sentence of any co-defendants not admitted into PTI, a request for destruction authorization may
be submitted.
d. Where a controlled buy or an undercover buy has taken place and the investigation has
been officially closed by the investigating agency with no prosecution having been instituted
against anyone, after a period of one year and one day, a request for destruction authorization may
be submitted.
e. In cases where a controlled dangerous substance has been submitted to a Forensic
Laboratory for analysis and has not been connected to any suspect or defendant and has been
submitted as Found Property, a request for destruction authorization may be submitted one year
and one day after it has been submitted to the laboratory upon verification by the submitting
agency that no prosecution has been instituted relating to the evidence.
Attorney General Guidelines - Evidence Retention - January 2011

Page 6

f. In cases involving juvenile defendants who have been charged, except in Homicide
cases, and where there is no referral of the case to another court, with or without the juvenile’s
consent, a request for destruction authorization may be submitted 4 years after the final
adjudication or disposition of all juvenile defendants or upon release from custody, whichever is
later. Evidence in juvenile cases which are referred (waived) to another court, or in which there
are adult co-defendants, shall be subject to the retention periods for adult cases.
g. Notwithstanding the provisions above, the County Prosecutor or the Director of the
Division of Criminal Justice may authorize the use of samples of controlled dangerous substances
taken from evidence, for the purpose of training K-9s, provided such use will not compromise any
pending criminal prosecution or appeal.
4. Firearms Evidence
a. In cases where the defendants were convicted and no appeals or post-conviction relief
motions are pending, after a period of 5 years from the date of the conviction or upon the
defendants’ expiration of sentence, whichever comes later, a destruction authorization may be
submitted. If there is a legal owner of the firearm who is not a defendant in the case and is not
otherwise legally disqualified from possessing the firearm, pursuant to any provision of Chapter
58 of the New Jersey Criminal Code, rather than destroying the weapon it should be returned to
the owner, if said owner is in possession of necessary permits.
b. Prior to any destruction authorization being granted, no firearms evidence shall be
considered for destruction until all necessary tracing tests and IBIS submissions have been
completed.
c. In all cases where all defendants have been charged and all defendants in the case are
deceased, upon proof of death being submitted, a request for destruction authorization may be
submitted.
d. If the weapon is related to a Homicide case in addition to this section, see Section 1
above.
e. If the weapon is related to a Sex Crimes case, in addition to this section, see Section
2 above.
f, If the weapon is related to a Narcotics case, in addition to this section, see Section 3
above.
g. In cases involving juvenile defendants who have been charged, except in Homicide
cases, and where there is no referral of the case to another court, with or without the juvenile’s
consent, a request for destruction authorization may be submitted 4 years after the final
adjudication or disposition of all juvenile defendants or upon release from custody, whichever is
later. Evidence in juvenile cases which are referred (waived) to another court, or in which there
are adult co-defendants, shall be subject to the retention periods for adult cases.
Attorney General Guidelines - Evidence Retention -January 2011

Page 7

h. For any firearm that has not been connected to any suspect or defendant and which has
been submitted as found property, a request for destruction authorization may be submitted one
year and one day after any necessary attempts to trace ownership of the weapon and upon
verification that no prosecution has been instituted relating to the evidence.

5. Other Evidence
a. In all cases where all defendants have been charged and all of the defendants in the case
are deceased, upon proof of death being submitted, a request for destruction authorization may
be submitted.
b. In cases where the defendants were convicted and no appeals or post-conviction relief
motions are pending, after a period of 5 years from the date of conviction or upon the defendants
expiration of sentence, whichever comes later, a request for destruction authorization may be
submitted. If there is a legal owner of said evidence who is not a defendant, no forfeiture
proceedings are pending or have been concluded and there are no appeals of said forfeiture action
pending and the ownership has not been granted to a law enforcement agency by court order, said
property shall be returned to the legal owner of same, rather than being authorized for destruction.
g. In cases involving juvenile defendants who have been charged, except in Homicide
cases, and where there is no referral of the case to another court, with or without the juvenile’s
consent, a request for destruction authorization may be submitted 4 years after the final
adjudication or disposition of all juvenile defendants or upon release from custody, whichever is
later. Evidence in juvenile cases which are referred (waived) to another court, or in which there
are adult co-defendants, shall be subject to the retention periods for adult cases.

6. Special Circumstances
a. In cases where the only defendant has been determined by a Court to be Incompetent
to stand trial, the evidence must be retained until the defendant has become competent to stand
trial, has died, or the Prosecutor of that respective county has made a determination to not proceed
with the prosecution of the defendant.
b. In cases where there is an acquittal of the only defendant or there is a finding of Not
Guilty By Reason of Insanity of the only defendant, then the evidence may be authorized for
destruction by the Prosecutor of that county, in a timeframe to be determined by the Prosecutor
of that county.

Attorney General Guidelines - Evidence Retention -January 2011

Page 8

Other Requirements Not Superseded by this Directive
Nothing in this policy is intended to require that a law enforcement office retain evidence
in circumstances where such evidence would ordinarily be destroyed, returned to its rightful
owner, forfeited, or otherwise disposed of pursuant to existing statutes or policies.
Examples include, but are not limited to:
1.

N.J.S.A. 2C:65-1 et seq. Disposition of Stolen Property and Documentary
Exhibits
N.J.S.A. 2C:64-1 etseq. Seized or Forfeited Property
N.J.S.A. 2C:35-21 Destruction of Bulk Seizures of Controlled Dangerous
Substances
N.J.S.A. 52:4B-36 (1.) Crime Victims Bill of Rights, Prompt Return of Property
When No Longer Needed as Evidence

Attomey General Guidelines - Evidence Retention -January 2011

Page 9

State of New Jersey

CHRIS CHRISTIE
Governor

OFFICE OF THE ATTORNEY GENERAL
DEPARTMENT OF LAW AND PUBLIC SAFETY
PO Box 080

KIM GUADAGNO
Lieutenant Governor

PAULA T. Dow
Attorney General

TRENTON, NJ 08625-0080

DIRECTIVE NO. 2011- 2
TO:

DIRECTOR, DIVISION OF CRIMINAL JUSTICE
ALL COUNTY PROSECUTORS
SUPERINTENDENT, NEW JERSEY STATE POLICE
ALL POLICE CHIEFS
ALL LAW ENFORCEMENT CHIEF EXECUTIVES

FROM:

PAULA T. DOW, ATTORNEY GENERAL

DATE:

May 23, 2011

SUBJECT:

ATTORNEY GENERAL DIRECTIVE REGARDING RETENTION AND
TRANSMITTAL OF CONTEMPORANEOUS NOTES OF WITNESS
INTERVIEWS AND CRIME SCENES

Pursuant to my authority as chief law enforcement officer of the State of New Jersey, and
to ensure uniform statewide compliance with the requirements set forth in the Supreme Court,s
ruling in State v. W.B., __ N.J___~. __ (2011), I hereby issue the following Directive:

A.

DEFINITIONS
For the purposes of this Directive:

1. The term "contemporaneous notes" means any notation, whether handwritten, typed,
entered into an electronic note-taking device or audio recorded, that describes or memorializes the
note taker’s personal perception of what transpired in the course of a witness interview or that
memorializes the officer’s personal observations at the scene of the crime. The term includes
notations made after the witness interview, provided that they memorialize the officer’s personal
recollection of what transpired during the interview. The term does not include, among other things,
notations concerning investigative tasks to be accomplished (i.e., a "to do" list), references to

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Page 2

information from outside the interview to be checked against statements made by the witness to
verify or dispel the witness’s account, possible lines of inquiry, specific questions that were not
pursued or actually posed to the witness, and other investigative techniques or deliberative processes.
2.
The term "witness interview" means an interview of a witness done in the course of
investigating a crime of the first, second, third, or fourth degree under New Jersey law, whether
committed by an adult or a juvenile.

B.

GENERAL RETENTION AND TRANSMITTAL RULES
Prohibition on Policy or Practice of Destroying Contemporaneous Notes of Witness
Interviews and Crime Scene Observations

Any existing law enforcement policy or practice to destroy contemporaneous notes of a
witness interview or of a crime scene observation after the contents of those notes have been
incorporated into a final report is hereby rescinded and prohibited as contrary to the law of this State.
Henceforth, when a law enforcement officer during the course of an investigation of a crime
conducts or participates in a witness interview, the officer shall retain any original contemporaneous
notes of the interview that the officer made. The officer also shall retain any original
contemporaneous notes made of his or her personal observations of the crime scene.
Transmittal of Notes of Witness Interviews and Crime Scene Observations to
Prosecuting Agency
Whenever a law enforcement officer transmits to the prosecuting agency a report concerning
a witness interview that the officer conducted or participated in, or concerning a crime scene
observation made by the officer, the officer shall also transmit to the prosecuting agency a printed
or electronic copy of any contemporaneous notes of the interview and/or crime scene observation
that had been taken by the officer. For ease of identification, the copy of the contemporaneous notes
shall be labeled with the case number on the report.
3.

Notice to Prosecutor of Material That May be Confidential or Privileged

Whenever a law enforcement officer provides a copy of contemporaneous notes to a
prosecuting agency pursuant to paragraph 2 of this Section, the officer shall alert the prosecuting
agency if the officer believes that the contemporaneous notes may include or otherwise reveal
confidential or privileged information, or where the officer believes that further disclosure of the

Page 3

contemporaneous notes or any portion thereof may endanger any person or interfere with an
investigation. It is the responsibility of the prosecuting agency to determine whether the
contemporaneous notes are discoverable pursuant to R__:. 3:13-3, whether any non-discoverable
portions of such notes should be redacted prior to providing discovery, and/or whether it is
appropriate or necessary to apply for a protective order denying, restricting or deferring discovery
of such notes, or portions thereof, pursuant to R._~. 3:13-3(f).

4.

Effect on Existing Note-Taking Policies and Practices

Nothing in this Directive shall be construed either to require law enforcement officers to take
contemporaneous notes of a witness interview or of crime scene observations, or to discourage law
enforcement officers from taking any such notes. Nor does this Directive modify existing
requirements for electronic recordation of statements pursuant to State v. Cook, 179 N.J: 533 (2004)
and R_.~. 3:17.

5.. Training on Note-Taking Techniques

When a law enforcement officer take notes of a witness interview, the officer should
whenever feasible avoid memorializing what transpired during the course of the interview on the
same page that include notations that do not pertain to what transpired during the witness interview
(e.g., follow-up investigative tasks to be performed). This approach will enable officers to transmit
to the prosecuting agency only those pages that are required to be transmitted pursuant to paragraph
2 of this Section, and will also assist the prosecuting agency in distinguishing and separating
notations that must be provided in discovery from non-discoverable material. The Division of
Criminal Justice and the County Prosecutors, in consultation with the New Jersey Association of
Chiefs of Police, shall develop and make available training materials concerning effective notetaking techniques in furtherance of this Directive.
C.

SCOPE, EFFECTIVE DATE AND IMPLEMENTATION

This Directive shall apply to every law enforcement agency and officer operating under the
authority of the laws of the State of New Jersey. This Directive shall take effect on May 27, 2011,
and shall remain in force and effect unless and until repealed, amended or superseded by Order of
the Attorney General. Every police department and law enforcement agency shall take such steps
as may be necessary and appropriate to implement this Directive, and every department and agency
shall review and, as necessary, revise its rules, regulations, standing operating procedures, and/or
training programs to ensure compliance with this Directive.

Page 4

D.

INTERPRETATION

Questions by police agencies or officers concerning the application of this Directive to
specific cases should be addressed to the prosecuting agency handling the case. Questions by County
Prosecutors regarding the content or interpretation of this Directive should be addressed to the
Division of Criminal Justice, Prosecutors Supervision and Coordination Bureau.

Given under my hand and seal, this 23rd day
of May, in the year Two Thousand and
Eleven, and of the Independence of the
United States, the Two Hundred and ThirtyFifth.

Paula T. Dow
Attorney General

Attest:

Phillip Kwon
First Assistant Attorney General

CHRIS CHRISTIE
Governor

I(IM GUADAGNO
Lieutenant Governor

State of New Jersey
OFFICE (,F THE AvTom,r~v GENERAL
DEPARTMEt IT OF LAW AND PUBLIC SAFETY
PO Box 080
?RENTON, NJ 08625-0080

JEFFREY S. CHIESA
Attorney General

ATT~)RNEY GENERAL
LAW ENFORCEVIENT DIRECTIVE NO. 2012-2
(Investigati an of Human Trafficking)
Human trafficking is a form of medem-day slavery. It is not only a violation of fundamental
human rights but also a serious crime under New Jersey law codified at N.J.S.A. 2C:13-8.
Unfortunately, this crime often goes und~tected and unreported. Human trafficking victims, given
the coercive nature of the crime, feel ~olated and powerless, and often are unable, afraid, or
otherwise unwilling to seek assistance fr, m law enforcement. Some of these victims feel ashamed,
and many are reluctant to identify thems~..lves as victims.
Law enforcement agencies an~ officers, meanwhile, may not have the training and
experience to recognize the telltale indica :ors of human trafficking when conducting investigations
of other offenses that may be associated ~ith human trafficking enterprises, such as prostitution. As
a result, some law enforcement officers r aay not know to pose questions during the course of their
investigations that might expose a hummtrafficking violation.
Police officers in this State shoulc be aware of and watchful at all times for the indicators of
human trafficking activity. Vigilance by~w enforcement officers is especially important when their
duties bring them into contact with the kinds of commercial establishments or places that, past
experience has shown, may be used to har~or and conceal human trafficking activities, such as "strip
clubs" and other sexually oriented businesses, massage parlors, or nail salons. By way of example,
a police officer should know to take note fhe or she were to see evidence that suggests that persons
are living or sleeping at a commercial establishment that is not ordinarily considered to be a
residential premises.
For the foregoing reasons, it is a propriate to enhance and c~ordinate the State’s efforts to
identify, investigate, and prosecute this :’orm of criminal activity. Accordingly, by virtue of the
authority vested in me by the Constitution and the laws of this State, and in furtherance of securing
the benefits of a uniform and efficient enforcement of the criminal law pursuant to N.J.S.A. 52:17B97 et seq., I hereby promulgate the following DIRECTIVE to all law enforcement agencies and
officers operating under the authority of the laws of this State:

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Page 2

I.

GENERAL POLICY

It shall be the law enforcement policy of this State to fully and fairly investigate and
prosecute violations of N.J.S.A. 2C: 13-8 with a view toward deterring human trafficking violations
to the greatest extent possible. All law enforcement agencies and officers shall be required: to
promptly and thoroughly investigate possible violations of human trafficking; to keep State and
county prosecution authorities apprised of human trafficking investigations to ensure that all
investigative leads are pursued as appropriate; to make certain that all investigations are properly
coordinated; to protect the immediate safety and security of human trafficking victims; and to respect
and safeguard the rights of these victims.
II.

HUMAN TRAFFICKING LIAISONS

Every County Prosecutor shall designate at least one detective/investigator and at least one
assistant prosecutor to serve as the County Prosecutor’s Office liaisons to the Division of Criminal
Justice on human trafficking matters, and to facilitate and oversee the implementation and
compliance with the policies, standards, and procedures set forth in this Directive and in the
investigation standards and protocols promulgated by the Director of the Division of Criminal Justice
pursuant to Section IV of this Directive. These designated Human Trafficking Liaisons will also
serve as points of contact for police agencies for purposes of the notification, referral, and reporting
requirements of this Directive.
Each County Prosecutor shall within 30 days of the effective date of this Directive provide
to the Director, or his designee, the names and contact information of the designated
detective(s)/investigator(s) and assistant prosecutor(s), and shall thereafter promptly notify the
Director or his designee of any changes in the names or contact information of these liaisons. All
designated liaisons will receive training pursuant to Section VI(B)(1) of this Directive.

III.

REQUIREMENT TO CONDUCT PROMPT AND THOROUGH INVESTIGATIONS
OR TO PROMPTLY REFER MATTERS FOR INVESTIGATION BY ANOTHER
AGENCY
A.

Investigation or Referral of Possible Human Trafficking Violations

Whenever a law enforcement officer: a) develops reasonable articulable suspicion to believe
that the crime of human trafficking is being or has been committed; b) receives any information from
an anonymous or confidential source concerning a possible human trafficking violation under
circumstances where the information does not on its face constitute reasonable articulable suspicion;
or c) determines, while in the course of investigating a prostitution-related offense pursuant to
Section IV(B) of this Directive, that any of the relevant circumstances that are specified in the

Page 3

investigation standards and protocols promulgated by the Director of the Division of Criminal Justice
pursuant to paragraph (1) of Section IV(A) of this Directive exist; the officer or another member of
the officer’s agency shall either:
(1) promptly investigate the possible human trafficking violation in accordance with the
provisions of this Directive; or
(2) promptly refer the matter to the appropriate County Prosecutor’s Office, or to the
Division of Criminal Justice, for investigation by the County Prosecutor or the Division.
B.

Reports on Investigations Conducted By Police Departments

Where an officer or another member of the officer’s agency pursues the investigation of a
possible violation of N.J.S.A. 2C: 13-8 without referring the matter to the County Prosecutor’ s Office
or the Division of Criminal Justice for investigation by the County Prosecutor or Division, the
agency shall, within 24 hours of initiating its investigation, notify the County Prosecutor’s Human
Trafficking Liaison that a human trafficking investigation has been initiated, the circumstances that
prompted the investigation, and the results of the investigation to date. Unless and until the agency
refers the matter for investigation by the County Prosecutor or Division, or unless and until the
County Prosecutor or Division otherwise assumes responsibility for conducting the investigation,
the agency or officer shall have a continuing obligation to report on a monthly basis to the County
Prosecutor’s Human Trafficking Liaison on the status of its investigation.
IV. INVESTIGATION STANDARDS
A.

Promulgation of Investigation Standards and Protocols

The Director of the Division of Criminal Justice shall within sixty days of the effective date
of this Directive develop and disseminate to all law enforcement agencies investigation standards
and protocols to be used by law enforcement agencies and officers when investigating a possible
human trafficking violation. These standards shall be designed to enhance the thoroughness,
timeliness, quality, and coordination of human trafficking investigations and prosecutions, and shall
include:
A detailed description of specific circumstances that are relevant to a possible
violation of N.J.S.A. 2C:13-8, which specified relevant circumstances must be
investigated to the extent feasible;

Guidelines on the specific questions to be posed during an investigation so as to
obtain evidence or information concerning the relevant circumstances specified in the

Page 4

investigation standards and protocols promulgated pursuant to paragraph (1) of this
subsection; and
A detailed description of the methods of investigation to be used to ensure the
integrity and effectiveness of the investigative process. Those investigative methods
shall, among other things, specifically address the fear and intimidation that often
silences victims of human trafficking. For example, whenever practical, all possible
victims and witnesses should be interviewed separately, in the individual’s same
language, and well outside the presence of the individual’ s employer, landlord, or any
other person who may intimidate or inappropriately influence the possible
victim/witness.
B.

Special Responsibilities When Investigating Prostitution Offenses

1. Whenever a law enforcement officer has probable cause to believe that a prostitutionrelated offense has been committed in violation of any provision of N.J.S.A. 2C:34-1, as part of the
investigation and handling of the suspected prostitution offense, the officer or another member of
the officer’s agency shall, whenever feasible, pose questions or otherwise seek to obtain evidence
concerning the relevant circumstances that are specified in the investigation standards and protocols
promulgated by the Director of the Division of Criminal Justice pursuant to paragraph (1) of
subsection A of this Section. If information learned during the course of the prostitution
investigation indicates that any of those specified relevant circumstances exist, the agency
conducting the prostitution investigation shall comply with the investigation, referral, and reporting
requirements set forth in Section III (A) of this Directive.
2. Where the prostitution offense involves a "house of prostitution" as defined in
N.J.S.A. 2C:34-1(a)(3) or is otherwise associated with a specific commercial premises (e.g., a
massage parlor, "strip club," bar, restaurant, etc.), the agency or officer shall, whenever feasible and
lawful, examine the physical premises to determine whether it is being used for residential purposes.
If the prostitution investigation reveals that persons may have used a commercial premises as a place
of residence, the agency conducting the prostitution investigation shall comply with the
investigation, referral, and reporting requirements set forth in Section III (A) of this Directive.
3. Nothing in this subsection should be construed to suggest that the obligation to be
watchful for indications of human trafficking is limited to circumstances where an agency or officer
is investigating the offense of prostitution. The training provided to law enforcement officers
pursuant to Section VI of this Directive shall instruct officers to be watchful at all times for
indicators of human trafficking activity, and especially whenever police go to places that, past
experience has shown, are more frequently associated with human trafficking activity (e.g., sexually
oriented businesses, massage parlors, nail salons, etc.). The training shall also instruct officers to
be watchful for the indicators of human trafficking activity when present at premises where

Page 5

legitimate as well as illegitimate commercial activity is occurring, and when investigating other
forms of unlawfifl activity, including but not limited to sexual assault, domestic violence, assault,
and robbery, and fire/housing code and labor law violations.
C.

Special Responsibilities When Interacting with PossibleVictims

1. All law enforcement officers shall take appropriate actions as are necessary to protect
the immediate safety and security of persons who may be the victims of human trafficking.
2. If a person reports to a law enforcement officer that he or she is a victim of human
trafficking, or relates to a law enforcement officer facts that, if true, would make the person a victim
of human trafficking, the law enforcement officer and other members of the officer’s agency shall
treat the person making the report or relating the information as a human trafficking victim for
purposes of this Directive, notwithstanding that the person may have committed an offense (e.g.,
prostitution), unless and until an investigation determines that any such report or information is false
or unfounded.
3. Notwithstanding any other time period for notifying the County Prosecutor’s Office
or Division of Criminal Justice set forth in this Directive, a law enforcement officer, or another
member of the officer’s agency, shall notify the County Prosecutor’s Human Trafficking Liaison as
soon as practicable after receiving the report or information from the possible human trafficking
victim so that the County Prosecutor’s Office can arrange for any appropriate referrals for victim
services.
4. Pursuant to the provisions of N.J.S.A. 52:4B-44.1, the Division of Criminal Justice,
working in conjunction with the County Prosecutors, and in consultation with the Commissioner of
the Department of Health and Senior Services, the Commissioner of the Department of Children and
Families, the Superintendent of State Police, and representatives of providers of services to victims
of human trafficking and sexually exploited minors, shall develop standards and protocols for
providing information and services to these persons. Such standards and protocols shall include
coordination of efforts with appropriate federal authorities pursuant to the "Trafficking Victims
Protection Reauthorization Act of 2003," 22 U.S.C. See. 7101 et seq.
5. The training provided pursuant to Section VI of this Directive shall provide instruction
on how to protect human trafficking victims, and on how to implement the provisions of this
subsection so as to encourage possible victims to fully cooperate in human trafficking investigations.
The training programs shall include instruction on the appropriate handling of possible human
trafficking victims who may have committed an offense, including instruction on the affirmative
defense to the offense of prostitution established in N.J.S.A. 2C:34-1 (e). The training programs shall
also include information concerning referrals for medical treatment, counseling and advocacy
services, and housing/shelter.

Page 6

D.

Supplemental Investigation Standards

The Director of the Division of Criminal Justice may from time to time issue supplemental
investigation standards or protocols to be followed by law enforcement agencies and officers to
enhance the thoroughness, timeliness, quality, and coordination of human trafficking investigations
and prosecutions.
V.

REPORTING REQUIREMENTS
A.

Reporting by Police Upon Arrest or Determination of Probable Cause

Notwithstanding any other time period for making notifications or reporting information set
forth in this Directive, when a law enforcement officer makes an arrest or otherwise develops
probable cause to believe that the crime of human trafficking has been or is being committed, the
arresting officer or another member of the officer’s agency shall immediately report the matter to the
designated County Prosecutor’s Office Human Trafficking Liaison, who shall as soon as practicable,
but in no event later than 12 hours, report the matter to the Division of Criminal Justice.
B.

Reporting by County Prosecutor of Existing Case Inventory_

Each County Prosecutor shall within 60 days of the effective date of this Directive provide
to the Director of the Division of Criminal Justice or his designee a listing of all currently pending
cases or investigations involving a charge of human trafficking. This list shall include such
information as shall be determined by the Director.
C.

Reporting by County Prosecutor of Significant Case Events

It shall be the responsibility of the County Prosecutor to promptly notify the Division of
Criminal Justice of the following events concerning the investigation or prosecution of a suspected
violation of N.J.S.A. 2C: 13-8:
1.

application for or issuance of an arrest warrant;

2.

filing of a criminal complaint;

3.

indictment;

4.

any disposition of pending charges;

Page 7

application to the Department of Homeland Security for Continued Presence Status
or a T Visa for a possible human trafficking victim; and

any referral of a human trafficking investigation or prosecution for handling by or in
cooperation with the United States Attorneys Office or any federal law enforcement
agency, or by a law enforcement or prosecuting agency in any other State.
Such notifications of significant case events to the Division shall be done in a manner as shall
be prescribed by the Director.
D.

Reports of Aggregate Data and Additional Information

In addition to the notification of significant case events pursuant to subsection C of this
Section, each County Prosecutor shall provide to the Division of Criminal Justice such aggregate data
and information about human trafficking enforcement activities and services as may be needed to
prepare reports for the United States Department of Justice, Bureau of Justice Assistance, or for such
other purposes as may be determined by the Director of the Division of Criminal Justice.
E.

Implementation of Notification and Reporting Requirements

The Division of Criminal Justice, working in cooperation with the County Prosecutors, shall
develop standardized forms and procedures to facilitate the efficient and uniform implementation by
all law enforcement agencies of the notification and reporting requirements of this Directive.

VI. TRAINING
A.

In-Service Training Program

The Division of Criminal Justice shall within ninety days of the effective date of this Directive
develop human trafficking training programs for law enforcement officers and prosecutors. The
Division shall to the extent feasible make the training programs available on-line through the
NJLEARN system. The Division may from time to time develop additional human trafficking
training programs and aids to facilitate implementation of this Directive and to achieve the goals of
enhancing the thoroughness, timeliness, quality, and coordination of human trafficking investigations
and prosecutions.
B.

Selection of Officers to Receive In-Service Training

1. All Human Trafficking Liaisons designated pursuant to Section II of this Directive
shall receive the training developed pursuant to subsection A of this Section, and such additional

Page 8

training as the Director of the Division of Criminal Justice may from time to time prescribe.
2. The chief executive of every State, county and local law enforcement agency shall
identify those sworn officers who would benefit from receiving training on human trafficking based
upon their duty assignment, and shall within sixty days of the effective date of this Directive provide
to the appropriate County Prosecutor and the Division of Criminal Justice a list of those officers to
be trained. Those officers should complete the training, whether through the NJLEARN system or
by other means, within ninety days of the training program being made available pursuant to
subsection A of this Section. The chief executive of each department shall report to the County
Prosecutor and the Division of Criminal Justice on the number of officers who have completed
training. This reporting shall be done in a manner and at such times as shall be prescribed by the
Director.
3. The Director of the Division of Criminal Justice shall report annually to the Attorney
General on the number of officers who have completed human trafficking in-service training, and
shall make recommendations as appropriate as to whether the Attorney General should require that
additional officers receive in-service training. Nothing herein should be construed to prevent a
County Prosecutor from requiring officers who are subject to his or her authority to receive the human
trafficking training developed by the Division of Criminal Justice, or to receive additional training
developed or approved by the County Prosecutor.
C.

Pre-Service Training

1. The Division of Criminal Justice, working in cooperation with the County Prosecutors,
shall develop curricula on the subject of human trafficking for use in the Basic Course for Police
Officers and the Basic Course for Investigators. The Division shall submit this curricula to the Police
Training Commission for use at all police academies that are subject to the jurisdiction of the Police
Training Commission.
2. The Division of State Police shall include human trafficking curricula developed
pursuant to paragraph (1) of this subsection in the pre-service training of Trooper recruits in the State
Police Training Academy.
VII. AUTHORITY OF COUNTY PROSECUTOR
Nothing in this Directive shall be construed to prevent a County Prosecutor from issuing
supplemental directives, procedures or standards governing the investigation and prosecution of
human trafficking cases by law enforcement agencies that are subject to the County Prosecutor’s
authority, provided that those supplemental standards and procedures do not conflict with the
standards and procedures set forth in this Directive.

Page 9

VIII. QUESTIONS
Any questions concerning the interpretation or implementation of this Directive shall be
directed to the Director of the Division of Criminal Justice, or his designee.
IX. EFFECTIVE DATE
This Directive shall take effect immediately and shall remain in full force and effect unless
and until repealed, amended, or superseded by Order of the Attorney General.

Jeffrey S. Chiesa
Attomey General
ATTE ¯
Phil~
First Assistant Attorney General
Dated: July 12, 2012

CHRIS CHR1S'I'IE
Governor
KIM GUADAGNO
Lieutenan! Governor

State ofNew Jersey
.TORN .T. HOFFMAN
Acting Attorney Genera!

OFFICE OF THE ATTORNEY GENERAL
DEPARTMENT OF LAW AND PUBLIC SAFETY
PO Box 080
'RtEtai'ON, NJ 08625-0080

LAW ENFORCEMENT DIRECTIVE 2014-1
FORMAL OPINION 1-2014
TO:

Elie Honig, Director
New Jersey Division of Criminal Justice
All County Prosecutors
All Municipal Prosecutors
Joseph R. Fuentes, Superintendent
New Jersey State Police
All County Sheriffs
All Police Chief Executives
David L. Rebuck, Director
New Jersey Division of Gaming Enforcement
Frank Zanzuccki, Executive Director
New Jersey Racing Commission

X )C X~C ~C ~C 7C ~7F ~C

Because New Jersey Senate Bill
2460, signed into law by the
Governor on October 17,2014,
repeals the Sports Wagering
Act in its entirety, Law
Enforcement Directive 2014-1
and Formal Opinion 1-2014 are
now moot and no longer
effective.
X ~CXXJCXXX~CX

Jeffrey S. Jacobson, Director
New Jersey Division of Law
FROM:

John J. Hoffinan, Acting Attorney General

SUBJECT:

Law Enforcement Directive to Ensure Uniform Enforcement ofthe Sports Wa~erin~ Act's
Exemption from Criminal LiabifitX for the Operation of Sports Pools by Casinos and
Racetracks
Forrr►al Opinion Addressinethe Effects ofl.aw Enforcement Directive 2014-1 on the Snorts
Wagering Act's Exemption from Civil Liability for the Operation of Snorts Pools by
Casinos and Racetracks

DATE:

September 8, 2014

New Jersey /s An Equa!Opportwrlty Employer •Prin7ed an Recycled Paper and!s Recyclable

Page 2

LAW ENFORCEMENT DIRECTIVE 2014-1
On November 8,2011,the citizens ofNew Jersey voted overwhelmingly to amend the New
Jersey Constitution to permit the Legislature to repeal prohibitions against the operation of sports
pools by casinos and racetracks. Thereafter, Governor Christie signed the Sports Wagering Act,
N.J.S.A. 5:12A-1 to -6, to effectuate the will of the people expressed in the constitutional
referendum. That statute decriminalized the operation ofsports pools by casinos and racetracks,and
implemented an extensive licensing and regulatory regime. Those regulations are codified in
N.J.A.C. 13:69N-1.1 et sea•
Certain sports leagues claimed that the State's implementation of the Sports Wagering Act
violated the federal Professional and Amateur Sports Protection Act("PASPA"), 28 U.S.C. 3701
et sea• They brought suit in federal court to enjoin the implementation ofthe Sports Wagering Act.
Governor Christie and the other defendants azgued that PASPA violated the federal constitution and
therefore could not be enforced. The federal district court ruled in favor of the plaintiff sports
leagues and, in accordance with PASPA, enjoined the State from licensing or authorizing sports
wagering.
Governor Christie and the other defendants appealed to the United States Court of Appeals
for the Third Circuit. In September 2013, that court upheld the constitutionality of PASPA on the
basis that it does not require States to maintain existing laws and thus does"not prohibit New Jersey
from repealing its ban on sports wagering." N.C.A.A. v. Governor ofthe State ofNew Jersev, 730
F.3d 208, 232(3d Cir. 2013), cent. denied, _ U.S. _(2014)(hereinafter "N.C.A.A. v. Governor"
or "Third Circuit opinion"). In holding that New Jersey "may repeal its sports wagering ban," id.
at 233,the Third Circuit accepted the positions ofthe plaintiffs in the case, who had argued that the
statute was constitutional because "nothing in[PASPA]requires New Jersey to maintain or enforce
its sports wagering prohibitions," and,indeed,that New Jersey's "repeal ofits state-law prohibition
on the authorization ofsports wagering" itself was"incompliance with PASPA." Br. ofthe United
States ("U.S. Br."), No. 13-1713(3d Cir.) at 28-29; Br. of Leagues("Leagues Br.") No. 1713(3d
Cir.) at 16.
The specific issues addressed in this Law Enforcement Directive are whether, in light of
N.C.A.A. v. Governor, casinos and racetracks would be committing a criminal offense under New
Jersey law if they were to operate sports pools as part of their business activities.
The New Jersey Code ofCriminal Justice(Title 2C)provides that when determining whether
their conduct constitutes a criminal offense, persons may rely on "an official interpretation of the
public officer or body charged by law with responsibility for the interpretation, administration or
enforcement of the law defining the offense." N.J.S.A. 2C:2-4(c){2). Pursuant to the Criminal
Justice Act of 1970,N.J.S.A. 52:17B-97 et sea.,the Attorney General serves as the State's chieflaw
enforcement officer, and is required to ensure the uniform and efficient enforcement ofthe criminal
law and administration of criminal justice. The Attorney General ultimately is responsible for the

Page 3

enforcement of our State's criminal laws, including our gambling laws, and therefore is the public
officer best suited to interpret the Sports Wagering Act and its relationship to Title 2C in view ofthe
Third Circuit opinion. Given the importance of the issues raised by that opinion, it is appropriate
to issue clear and authoritative guidance on whether casinos and racetracks are prohibited by our
criminal law from operating sports pools,or whether the provisions ofthe Sports Wagering Act that
exempt casinos and racetracks from criminal liability remain in effect.
For the following reasons, sports pools operated by casinos or racetracks continue to be
exempted from criminal liability under New Jersey law so long as no wagering occurs on a college
sport or athletic event that takes place in New Jersey or in which any New Jersey college team
participates regardless of where the event takes place. See N.J. Const., art. 4, sec. 7, par. 2E and F.
Accordingly,no law enforcement or prosecution agency or officer shall, pursuant to N.J.S.A. 2C:371 to -9, make an arrest, file a complaint against, or prosecute any person' involved in the operation
of a sports pool by a casino or racetrack to the extent that such activity takes place consistent with
this Law Enforcement Directive.
Title 2C expressly provides that "no conduct constitutes an offense unless the offense is
defined by this code or another statute of this State." N.J.S.A. 2C:1-5, Criminal statutes establish
the scope of criminal liability not only by defining the material elements of offenses, see N.J.S.A.
2C:1-13(h),(i), but also by creating exemptions or affirmative defenses. In the specific context of
gambling, chapter 37 of Title 2C establishes a comprehensive suite of criminal offenses that
generally prohibit all persons from promoting gambling or engaging in gambling activity, subject
to certain exceptions. See' e•~•, N.J.S.A. 2C:37-1(c); N.J.S.A. 2C:37-9.
The Sports Wagering Act, however, provides that "[i]n addition to casino games permitted
pursuant to the provisions ofP.L.1977, c.110(C.5:12-1 et seq.)[the Casino Control Act], a casino
may operate a sports pool...." N.J.S.A. 5:12A-2(a). It further provides that,"[i]n addition to the
conduct ofparrmutuel wagering on horse races under regulation by the racing commission pursuant
to chapter 5 ofTitle 5 ofthe Revised Statutes, a racetrack may operate a sports pool...." Id. In this
manner, the Sports Wagering Act repealed the prohibition against the operation of sports pools by
casinos and racetracks,thus exempting those activities from criminal prosecution under New Jersey
law. The issue, then, is whether that exemption is consistent with the Third Circuit's ruling, The
answer to that question is found in the text and reasoning ofthe Third Circuit opinion, as well as the
concessions made by the plaintiffs in that case.
The Third Circuit made clear that it did "not read PASPA to prohibit New Jersey from
repealing its ban on sports wagering." 730 F.3d at 232. The Court reached this conclusion based
on the arguments ofthe sports leagues, which stated that "[n]owhere in its unambiguous text does
PASPA order states to keep laws on their books," or "to keep existing laws in effect." Leagues Br.
at 16. The United States Department of Justice, which had intervened in the case to defend
The New Jersey Code of Criminal Justice defines "person" to include any natural person and, where relevant, a
corporation or an unincorporated association. N.J.S.A. 2C:1-14(g).

Page 4

PASPA's constitutionality, joined in the leagues' arguments, stating that "nothing in the statute
requires New Jersey to maintain or enforce its sports wagering prohibitions," and that"PASPA also
allows a state to ...modify or repeal its prohibitions." U.S. Br. at 29. Summarizing and accepting
those arguments, the Third Circtut noted that "no one contends that PASPA requires the states to
enact any laws,and we have held that it does not require states to maintain existing laws." 730 F.3d
at 235. Indeed, the United States Constitution clearly forbids Congress from requiring a State to
criminalize conduct under state law. As the Third Circuit observed,"Congress `lacks the power
directly to compel the States to require or prohibit' acts which Congress itself may require or
prohibit." Id. at 227(quoting New York v. United States. 505 U.S. 144, 166(1992)).
That federal courts have found the licensing regime of the Sports Wagering Act to be
preempted by PASPA does not invalidate the Sports Wagering Act's repeal ofprohibitions against
the operation ofsports pools by casinos and racetracks. Recognizing that the Sports Wagering Act
might be challenged under PASPA,the Legislature included a "severability clause" in its statute:
Ifany provision ofthis act, P.L. 2011,c. 231(C.5:12A-1 et al), or its
application to any person or circumstance is held invalid, the
invalidity shall not affect other provisions or applications ofthis act
which can be given effect without the invalid provision or
application, and to this end the provisions of this act aze severable.
fN J•S•A• 5:12-2(g)•]
The Legislature therefore intended for the provisions of the statute that are not directly
invalidated to continue in force and effect. Here, as the Third Circuit made clear, and as the sports
leagues and the Department of Justice conceded, PASPA does not prohibit States from repealing
state-law prohibitions on sports wagering. The Sports Wagering Act's repeal ofprohibitions against
sports wagering in casinos and racetracks can be given effect without licensing or otherwise
authorizing bylaw sports wagering,as prohibited by the Third Circuit's decision,and,accordingly,
must be given effect. N.J.S.A. 1:1-10.
For the foregoing reasons,it is the view ofthe Attorney General that, at least,the provisions
ofthe Sports Wagering Act exempting casinos and racetracks from criminal liability for operating
a sports pool—specifically, N.J.S.A. 5:12A-2(a), which states that "a casino may operate a sports
pool" and that "a racetrack may operate a sports pool," in accordance with how those terms are
defined in N.J.S.A. 5:12A-1—remain in force and effect, and all law enforcement and prosecuting
agencies in carrying out their duties under the laws ofthe State of New Jersey shall abide by that
exemption.
Any questions concerning this Law Enforcement Directive shall be addressed to the Director
ofthe Division of Criminal Justice.

Page 5

FORMAL OPINION 1-201.4
The issue also has arisen regarding what effect the above I,aw Enforcement Directive has on
civil
the
proscriptions applicable to sports wagering. See N.J.S.A. 2A:40-1 to -9. It is the Attorney
General's statutory role to "[a]ct as the sole legal advisor" of, and to "interpret all statutes and legal
documents" governing, state agencies. N.J.S.A. 52:17A-4(e).
As explained in the above Law Cnforcement Directive, the Sports Wagering Act provides
that a casino or racetrack"may operate a sports pool." Accordingly,sports pools operated by casinos
and racetracks are exempted from criminal liability so long as no ~tagering occurs on a college sport
or athletic event that takes place in New .iersey or in which any New Jersey college team participates
regardless of where the event takes place. For the same reason, sports pools operated by casinos and
racetracks are exempted from the civil proscriptions of Title 2A,chapter 40,so long as no wagering
occurs on a college sort or athletic event that takes place in New Jersey or in which any New Jersey
college team participates regardless of where the event takes place. Accordingly, I hereby instruct
that the Department of Law and Puhlic Safety shall not object to or seek civi115~ to enjoin a sports
pool operated by a casino or racetrack to the extent that it is conducted in a manner consistent with
this Formal Opinion.
Any questions concerning this Formal Opinion shall be addressed to the Director of the
Division of Law.

John J. 1-Ioffman
Acting 1~ttonley General
Dated: September 8, 2014
c.

Christopher S. Ponino, Chief Counsel to the Governor
Lee Va~tan, Executive Assistant Attorney General
Deborah R. Edwards, Counsel to the Attorney General

CHRIS CHRISTIE
Governor

KIM GUADAGNO

State ofNew Jersey
OFFICE OF THE ATTORNEY GENERAL
DEPARTMENT OF LAW AND PUBLIC SAFETY
PO Box 080

JOHN J. HOFFMAN
Acting Attorney General

TRENTON, NJ 08625-0080

Lieutenant Governor

Attorney General Law Enforcement Directive 2014-2
TO:

Director, Division of Criminal Justice
All County Prosecutors
Superintendent, New Jersey State Police
All County Sheriffs
All Chief Law Enforcement Executives

FROM:

John J. Hoffman, Acting Attorney General

DATE:

October 28, 2014

SUBJECT:

Directive Concerning Heroin and Opiate Investigations/Prosecutions

New Jersey is in the midst ofa heroin and prescription opiate crisis. The epidemic is ruining,
and too often taking, the lives of countless adolescents and young adults. The situation is dire, and
demands urgent attention. It therefore is necessary and appropriate to exercise the Attorney
General's authority as the State's chief law enforcement officer under the Criminal Justice Act of
1970, N.J.S.A. 52: 17B-97 et seq., to ensure that all police and prosecuting agencies throughout the
State take steps to address the heroin and opiate abuse crisis in a coordinated fashion to promote
uniform and efficient enforcement of the criminal law and the administration of criminal justice
throughout the State.
1.

Overdose Prevention Act Training and Compliance

On May 2, 2013, Governor Christie signed the "Overdose Prevention Act." This law saves
lives by encouraging persons to seek immediate medical assistance whenever a drug overdose
occurs. In the past, individuals were unwilling to call authorities for help for fear that this might lead
to an arrest for illegal drug use or possession. To address that fear, the Act affords immunity from
arrest, prosecution, and conviction for a drug use or simple possession charge when a person, in good
faith, seeks medical assistance for him/herself or another who is experiencing an overdose.

1-l\
~

New Jersey ls An Equal Opportunity Employer Printed on Recycled Paper and is Recyclable

Page 2

To ensure that the Act is properly implemented, Attorney General Law Enforcement
Directive 2013-linstructs police and prosecutors on the requirements of the law and how to apply
it fairly and uniformly. Embracing the spirit of the law and not just its literal text, the Attorney
General Directive extends the immunity feature to persons who were present and collaborated in
making the call for medical assistance, and not just to the person who actually placed a call for help
to 9-1-1.
It is important now to send a strong message to the public by making certain that police
officers responding to an overdose event understand and respect the Act's immunity policy. It
therefore is appropriate to supplement Directive 2013-1 to establish statewide training requirements
to ensure that officers responding to an overdose event understand their responsibilities under the
Act and the Attorney General Directive.

Accordingly, it is hereby Directed that:

a.

Development of Statewide Training Program for Police. Within 120 days of the
issuance of this Directive, the Division of Criminal Justice shall develop and make
available an in-service training program, utilizing the NJLEARN system, if possible,
to explain the immunity provisions of the Overdose Prevention Act and Attorney
General Law Enforcement Directive 2013-1 as supplemented by this Directive. The
Division shall advise the chief executive of every law enforcement agency operating
under the authority of the laws of the State of New Jersey when the training program
is available, and the means by which officers may participate in the training (e.g., via
NJLEARN, if applicable). The Division also shall develop and submit for approval by
the Police Training Commission training materials for inclusion in the Basic Course for
Police Officers. These pre-service training materials also shall be integrated in the
State Police Academy course for recruits.

b.

Required Training for Certain Officers. The chief executive of every law enforcement
agency operating under the authority of the laws of the State of New Jersey shall take
such steps necessary to ensure that every sworn officer assigned to patrol duties, every
sworn officer who directly supervises officers assigned to patrol duties, and every
sworn officer whose duties include investigating the circumstances of or related to an
overdose event (e.g., detectives assigned to narcotics enforcement, detectives who might
investigate a suspected violation of N.J.S.A. 2C:35-9 (strict liability for drug-induced
death), etc.) receives the training developed pursuant subsection a. of this Section.
Such officers shall receive the training within 120 days of the training program being
made available by the Division of Criminal Justice (e.g., when the program is put on
the NJLEARN system). The chief executive shall report in writing to the appropriate
county prosecutor, or to the Director of the Division of Criminal Justice in the case of

Page 3

a state agency, documenting that all such officers have completed the training
requirement.
c.

Requirement to Investigate Immunity Eligibility Before Making ~m Arrest. An officer
responding to a drug overdose shall not arrest any person present at the scene for
violation of any offense eligible for immunity under the Overdose Prevention Act unless
the officer has investigated, when feasible, whether the person made or participated in
a call for medical assistance. The officer shall make an arrest for violation of an offense
enumerated in the Act only after determining, to the extent feasible, that the person is
not entitled to immunity from arrest pursuant to the Act and/or Attorney General Law
Enforcement Directive 2013-1.

d.

Notice to Prosecutor of Arrests Made at Scene of an Overdose Event. Whenever an
arrest is made at the scene of an overdose event for an offense enumerated in the
Overdose Prevention Act that is potentially eligible for immunity protection, the officer
shall alert the municipal prosecutor or county prosecutor handling the complaint. The
officer shall report on the steps taken to investigate whether the person arrested had
made or participated in a call for medical assistance, and the reason why the officer
determined, based on the information available to the officer at the scene of the arrest,
that the person arrested was not entitled to immunity from arrest. The prosecutor
handling the complaint shall as soon as practicable make an independent determination
whether the person arrested may be entitled to immunity from prosecution. In the
event that the prosecutor determines that the person is entitled to immunity from
prosecution under the Act and/or Attorney General Law Enforcement Directive 2013-1,
the complaint charging an immunity-eligible offense shall be dismissed as expeditiously
as possible.

2.

Reporting o[Law Enforcement Narcan Deployments

On April 2, 2014, Governor Christie announced the formal launch of a pilot program in
Ocean and Monmouth counties to train and equip police officers to administer Narcan (Naloxone
Hydrochloride), which is a nasally-injected opioid antidote that can save the life of a heroin or
prescription opioid overdose victim. Work by the Ocean County Prosecutor's Office informed the
State's pilot through the design of a voluntary program to make Narcan kits available to speciallytrained police officers. The pilot program within Ocean and Monmonth counties demonstrated the
life-saving capabilities ofNarcan, as police officers and first responders reversed numerous opiate
overdoses in the months following the initiation of the pilot program. Both before and after the
initiation of the pilot program, the Department of Health, the Department of Human Services, and
the Attorney General worked with county officials to address legal and regulatory issues that
otherwise would have impeded the initiative to equip police officers and EMTs with this life-saving

Page 4

antidote.
Due in part to the extraordinary cooperation among these state agencies, state-wide expansion
of the program was realized quickly. On June 17, 2014, Governor Christie announced the expansion
of the Narcan pilot program to all 21 counties in New Jersey and the State Police. Additional law
enforcement agencies such as the State Park Police also are exploring having their members
equipped with Narcan.
Law enforcement deployment ofNarcan as a response to an overdose event is an important
data point in the analysis of the State's opiate problem. By fusing this data with other available
information from within the Department of Law and Public Safety as well as other State agencies,
we will better understand where addiction, abuse, and dependence problems reside within our State.
Such knowledge is a powerful tool that will allow us to make critical decisions on how to expend
our limited law enforcement, prevention; and treatment resources. Within our Department, efforts
are already underway to collect data sets in our fight against the opiate epidemic. The State Police's
Drug Monitoring Initiative within its Regional Operations Intelligence Center (ROIC) collects and
fuses various data and produces intelligence of great assistance to the law enforcement and public
health communities. The usefulness and success of the Drug Monitoring Initiative depends in large
part on the quality and timeliness of the information it receives.
Accordingly, it is hereby Directed that:

a.

3.

Reporting Narcan Deployments to the ROIC. Every law enforcement agency
operating under the authority of the laws of the State of New Jersey that equips
its members with Narcan must develop and enforce policies and procedures to
ensure that each deployment of Narcan is documented on a form and in a
manner as may be prescribed by the Director of the Division of Criminal
Justice. (See form attached hereto as Appendix A. Law enforcement agencies
may use a comparable form with the approval of the Director.) Completed
Narcan deployment forms shall be collected by the Narcan coordinator for that
agency, or, in the case of a municipal law enforcement department, by the
county Narcan coordinator. The Narcan coordinator shall report all
deployments of Narcan to the ROIC's Drug Monitoring Initiative within 24
hours to ensure timely reporting of overdose events to a centralized location and
to allow Drug Monitoring Initiative personnel to analyze the information and
produce reports statewide as appropriate.

Prompt and Thorough Investigation o[ Possible Violations of N J S.A. 2C:35-9 (Strict
Liability for Drug-Induced Death)
New Jersey law holds drug dealers criminally responsible for deaths that result from the

Page 5

ingestion of controlled dangerous substances that they have distributed. When the Comprehensive
Drug Reform Act was adopted in 1987, it included a provision, codified in N.J.S.A. 2C:35-9, that
makes it a first-degree crime to unlawfully distribute a controlled substance that results in a death.
The statute prescribes strict liability, and it is no defense that the drug user contributed to his or her
own death by voluntarily ingesting the substance that caused the death. The statute also applies to
every person along the drug distribution chain, and not just to a "retail" distributor who may
personally have interacted with the ultimate consumer/decedent.
Historically, the drug-induced death statute has been used sparingly, in part because it is
difficult to establish by proof beyond a reasonable doubt who had provided the dose of controlled
dangerous substance that caused the death. Experience has shown that to mount a successful
prosecution for this crime, it is essential for investigators to move quickly, securing physical
evidence before it is removed or destroyed, and taking statements from persons who had witnessed
the overdose and/or the transaction in which the fatal dosage had been distributed to the victim.
While the drug-induced death charge must be used with appropriate circumspection, it shall
be the law enforcement policy of this State to fully, fairly, and expeditiously investigate and
prosecute violations ofN.J.S.A. 2C:35-9 with a view toward deterring drug dealers from distributing
or dispensing those types of controlled dangerous substances that are most often associated with
overdose fatalities.
Accordingly, it is hereby Directed that:

a.

Development of Uniform Drug Overdose Investigation Standards. The Director of the
Division of Criminal Justice in consultation with the county prosecutors shall within
120 days issue and thereafter periodically update as needed uniform investigation
standards and protocols concerning possible violations of N.J.S.A. 2C:35-9 (strict
liability for drug-induced deaths). These standards and protocols shall be followed by
all law enforcement officers and agencies that respond to the scene of an overdose event
or thereafter investigate the circumstances of an overdose death. The investigation
standards shall:
Emphasize the importance of investigating promptly the circumstances of a
suspected drug overdose, securing the scene to preserve physical evidence,
identifying and taking statements from witnesses at the earliest possible
opportunity, and securing smart phones and applying for search warrants
and/or communications data warrants when there is probable cause to believe
those devices store information pertaining to the offense;
Include procedures to safeguard the rights afforded under the Overdose
Prevention Act so as not to chill persons from seeking immediate medical

Page 6

attention for an overdose victim;
Include a requirement to keep county prosecutors and, where applicable, the
Division of Criminal Justice, apprised of overdose fatality investigations to
ensure that all investigative leads and avenues are pursued as appropriate;
b.

Development of Training Program. Within 120 days of the issuance of this Directive,
the Division of Criminal Justice shall develop and make available an in-service training
program, utilizing the NJLEARN system if possible, to explain the drug overdose
investigation standards and protocols promulgated pursuant to subsection a. of this
Section. This training may be combined, as appropriate, with the training specified in
Section 1.a of this Directive.

c.

Required Training for Certain Officers. The chief executive of every law enforcement
agency operating under the authority of the laws of the State of New Jersey shall take
such steps necessary to ensure that every sworn officer assigned to patrol duties, every
sworn officer who directly supervises officers assigned to patrol duties, and every
sworn officer whose duties include investigating the circumstances of or related to an
overdose event (e.g., detectives assigned to narcotics enforcement, detectives who might
investigate a suspected violation of N.J.S.A. 2C:35-9 (strict liability for drug-induced
death), etc.) receives the training on drug overdose investigation standards and
protocols developed pursuant subsection b. of this Section. Such officers shall receive
the training within 120 days of the training program being made available by the
Division of Criminal Justice (e.g., when the program is put on the NJLEARN system).
The chief executive shall report in writing to the appropriate county prosecutor, or to
the Director of the Division of Criminal Justice in the case of a state agency,
documenting that all such officers have completed the training requirement.

4.

Enhanced and Coordinated Investigation/Prosecution ofCorrupt Healthcare Professionals
and "Pill Mills"

New Jersey's drug trafficking problem is not limited to violent gangs, international drug
cartels, and brazen street dealers who ply their trade in open-air markets that erode the quality of
life, especially in crime-ridden urban centers. New types of profit-minded drug traffickers have
emerged and flourished, exploiting and fueling the epidemic of opiate abuse. One new breed of drug
trafficker may have a medical or pharmacy degree, operating a so-called "pill mill" under the veil
of a legitimate medical practice and creating a self-sustaining market by capitalizing on the addictive
nature of prescription opiates. Another new type of trafficker is essentially a professional patient
who engages in organized and carefully researched "doctor shopping." This new breed of drug
trafficker is skilled at deceiving unwitting prescribers, not to sate his or her own addiction, but rather
for the singular purpose of commercially exploiting the addiction of others by diverting prescribed

Page 7

medications to the black market for profit.
These profiteers cause enormous harm by the sheer repetition of their crimes and the volume
of prescription opiates they introduce into the stream of illicit commerce. For these prolific
offenders, therefore, criminal prosecution as large-scale drug traffickers is warranted and necessary
to send the strongest possible message, to put them out of business, and deter others from taking their
place.
To address these new types of drug trafficker, the Division of Criminal Justice recently
created a Prescription Fraud Investigation Strike Team (PFIST) comprised of detectives and deputy
attorneys general. The Strike Team operates under the direction of the PFIST Coordinator. The
Strike Team's primary mission is to investigate and prosecute corrupt healthcare professionals who
purvey dangerous drugs for profit while hiding behind the veil of medical offices. For this initiative
to be successful, it is essential that county prosecutors and local police departments assist the PFIST
by collecting and sharing information that is needed to identify investigative targets.
The county prosecutors also must monitor the nature and scope of the prescription and heroin
abuse problem within their jurisdiction. It will be important, for example, for police and prosecutors
to debrief persons who have been arrested for unlawfully possessing/acquiring prescription drugs
and to encourage those persons to cooperate by revealing their supplier/prescriber. Because county
prosecutors handle the vast majority of cases involving prescription pills and heroin possession, they
are in a position to encourage users/buyers to provide information about their supply sources.
Accordingly, it is hereby Directed that:

a.

County Prosecutor Liaisons to PFIST. Every county prosecutor shall within 30 days
designate a liaison to the Prescription Fraud Investigation Strike Team who shall serve
as an intelligence officer and who shall canvass local police departments and report to
the PFIST Coordinator or a member of the Drug Monitoring Initiative at the ROIC on
the nature and scope of the prescription fraud problem.

b.

Notifications of Suspicious Activity to PFIST. Every county prosecutor and law
enforcement agency operating under the authority of the laws of the State of New
Jersey shall notify the PFIST Coordinator, in a manner as may be prescribed by the
Coordinator, when there is reasonable articulable suspicion to believe that a licensed
healthcare practitioner has committed a crime involving the prescribing or dispensing
of any controlled dangerous substance.

c.

Specialized Trainin2. The PFIST Coordinator shall develop specialized training on
best practices for investigating and prosecuting cases against licensed healthcare
practitioners, including training on how to use grand jury subpoenas to obtain relevant

Page 8

information from the New Jersey Prescription Monitoring Program (NJPMP). The
PFIST Coordinator shall make this training available to county detectives and assistant
prosecutors.
d.

Soliciting Cooperation of Prescription Opiate Abusers. When a person is charged with
unlawful acquisition, possession, or use of a prescription opiate, before dismissing,
downgrading, or negotiating a disposition of the charge, the county prosecutor shall
make reasonable efforts to convince the person to cooperate and to provide information
concerning the source of prescription drugs and concerning the prescribing/dispensing
practices of any practitioner from whom the person obtained a controlled substance or
a prescription to obtain such substances.

5.

Enhanced Prosecution ofDrug Traffickers Who Sell Ultradangerous Opiate Mixtures or
Heroin Along With Other Opiates

Drug traffickers constantly are developing new ways to market existing drugs by combining
substances to enhance their psychotropic effect and attract users by affording a quicker, more intense,
and longer-lasting "high." Recently, law enforcement and health officials learned that heroin
sometimes is mixed with the synthetic narcotic fentanyl. This additive enhances the intoxicating
effect and significantly increases the risk of overdose and death, especially if the user is not familiar
with the enhanced effects of this ultradangerous mixture of narcotic substances. Drug traffickers,
of course, do not provide warning labels or dosage instructions to their customers. Nor do they
provide labels that identify all of the ingredients and warn of their synergistic effects.
Aside from enhancing prosecution efforts against drug dealers who prepare or sell
ultradangerous opiate mixtures, it also is necessary to pay special attention to traffickers who sell
heroin in addition to other forms of opiates. That practice makes it easier for users to consume
opiate drugs in combination, and makes it easier for persons who are addicted to prescription pills
to transition to heroin, because they can progress to that substance without having to find a new
supplier.
To address these disturbing developments, it is appropriate to strengthen the Attorney
General "Brimage Guidelines," which channel prosecutorial discretion in negotiating guilty pleas
for offenses under the Comprehensive Drug Reform Act that carry a mandatory minimum sentence
that can only be waived or reduced by the prosecutor pursuant to N.J.S.A. 2C:35-12. These
revisions are needed to ensure appropriate punishment for drug dealers who distribute heroin along
with other opiates. In addition, consistent with ongoing efforts to reform New Jersey's bail laws and
practices to ensure protection of the public, see L. 2014, c. 31, prosecutors must make certain that
courts setting bail/pretrial release conditions are alerted when a defendant will be subject to enhanced
punishment- and thus have a greater incentive to flee - as a result of these revisions to the Brimage
Guidelines.

Page 9

It also is important to ensure that forensic laboratories test for multiple substances and
provide prosecutors with reports that establish when a heroin sample submitted for testing contains
any other Schedule I or II narcotic drug.

a.

Revision to Brimage Guidelines. The Revised Attorney General Guidelines for
Negotiating Cases Under N.J.S.A. 2C:35-12 (Brimage Guidelines 2) (2004) hereby are
amended to provide that in Brimage-eligible cases where the defendant has
manufactured, distributed, or possessed with intent to distribute heroin simultaneously
with fentanyl or any other Schedule I or II narcotic drug, whether combined by the
defendant into a single mixture or not, the prosecutor shall increase the Brimagecalculated term of parole ineligibility by 12-18 months in the case of a first-degree
crime, or 6-9 months in the case of a second-degree crime. The Director of the Division
of Criminal Justice may issue specific instructions on how to implement this revision
to the Brimage Guidelines. To ensure that bail/pretrial release conditions accurately
reflect the defendant's sentencing exposure, prosecutors shall apprise a court
responsible for setting or reviewing bail/release conditions when a defendant is subject
to an enhanced Brimage plea offer pursuant to this Directive.

b.

Review of'Forensic Laboratory Testing Protocols for Ultradangerous Opiate Mixtures.
The Superintendent of the Division of State Police, in consultation with the Director of
the Division of Criminal Justice and the County Prosecutors, shall review and as
appropriate revise forensic testing protocols and procedures used by the New Jersey
State Police Forensic Laboratory to facilitate the identification of heroin samples
submitted for analysis that also contain any other Schedule I or II narcotic drug in
order to identify cases subject to an enhanced Brimage offer pursuant to Section 5.a of
this Directive. County Prosecutors who oversee county forensic laboratories shall
similarly ensure that laboratories operating under their auspices review and as
appropriate revise their testing protocols and procedures to identify ultradangerous
opiate mixtures.

6.

Enhancing the Role of Prosecutors in Enabling Drug Treatment in Lieu of Imprisonment

The law enforcement community cannot solve the current heroin and prescription opiate
epidemic solely by making arrests and incarcerating drug dealers. Some drug offenders, of course,
need to be imprisoned. Professional drug traffickers who are motivated by greed must be targeted
for appropriately stern punishment commensurate with their culpability. Likewise, drug dealers who
participate in street gang activity, intimidate witnesses, carry firearms, or otherwise engage in
violence, generally face stern punishment. For certain other drug offenders, however, traditional
incarceration may not be necessary.

Page 10

Indeed, for some non-violent drug offenders who suffer from addiction, incarceration may
be a lost opportunity to protect the public from future criminality. Some offenses are committed by
addicts while they are under the influence of a mind-altering substance that interferes with their
ability to assess risks and make reasoned choices. Many non-violent offenses are committed by
addicts who are desperate to raise money to pay for the drugs they crave. Were we to address the
underlying addiction that precipitates criminal activity, we could prevent future crimes by breaking
a vicious cycle. While the threat of imprisonment can and in appropriate cases should be used to
encourage addicted offenders to overcome denial and engage in the rehabilitation process, our
overarching goal should be to avoid having to imprison non-violent addicts when a more effective
alternative exists.
In 2012, Governor Christie signed a law that calls for the gradual expansion of New Jersey's
nationally-acclaimed Drug Court Program by authorizing judges to order addicted non-violent
offenders to participate in court-supervised drug treatment whether they ask for treatment or not.
The new compulsory treatment provision addresses a major shortcoming of a program that had
depended on addicts making rational, farsighted choices - something addicts may not have the
capacity or wherewithal to do. The new law is based on a well-established body of scientific
research that shows that compulsory treatment works as well if not better than voluntary treatment.
Under this statutory framework, the authority and leverage of the criminal justice system is used
constructively to overcome an addict's denial, which is one of the characteristics of this disease.
Prosecutors have an important supporting role in the continued success of Drug Court. In
many respects, prosecutors are the gatekeepers of the criminal justice system, deciding what charges
to bring and how those cases will be presented to courts for adjudication and disposition. In
exercising charging and plea negotiation discretion, prosecutors must be careful not to unwittingly
discourage addicts from applying to Drug Court, or discourage courts from exercising their authority
under the new law to compel addicts to participate in the program.
Prosecutors also have an important role to play in protecting the integrity of the Drug Court
admission process. Not all drug dealers are selling to support their own addiction. Many are
motivated by greed, rather than driven by drug dependence. Furthermore, there are some profitminded distributors who will feign addiction in an effort to avoid traditional imprisonment. Given
the limitation on the number of treatment beds that are available, those resources must not be wasted
on malingerers.
Furthermore, to promote the long-term interests of public safety, sometimes, the request to
conduct a diagnostic assessment to determine whether and to what extent a defendant is drug or
alcohol dependant should come from an alert prosecutor. While prosecutors generally are not in a
position to diagnose a defendant's substance abuse problems, prosecutors should not ignore
indications of addiction that are readily apparent from a careful review of the information that is
readily available to prosecutors, such as, for example, information in an arrest report that suggests

Page 11

that the defendant was under the influence of a controlled dangerous substance, or findings or selfadmissions of substance abuse memorialized in presentence reports from prior cases. Prosecutors
whenever feasible should inform judges about any case-specific circumstances that reasonably
suggest that a defendant may suffer from the disease of addiction, and should do so at the earliest
opportunity (e.g., a next-day bail review). A prosecutor should not assume that the judge handling
the matter is aware of these circumstances merely because this information is captured in court
records (e.g., a presentence report from a prior case).
The Drug Court Program embraces the principle that treatment services must be matched to
clinical needs. Studies show that clinically-inappropriate treatment (e.g., outpatient treatment when
inpatient treatment is needed, or inpatient treatment when it is not needed) produces poor results, and
wastes valuable treatment resources. A prosecutor generally would be expected to defer to a TASC
(Treatment Assessment Services for the Courts) evaluator's assessment as to the appropriate type
and level of care (e.g., inpatient, intensive outpatient, or outpatient treatment). If a prosecutor has
concerns about community safety were a defendant to be sentenced to outpatient treatment, rather
than automatically objecting to the defendant's admission to Drug Court, a prosecutor instead might
consider, for example, whether the interests of public protection would best be served by asking the
court to impose a curfew and to require the defendant to wear an ankle bracelet to record his or her
movements, at least until the defendant is making good progress in recovery and has earned the
privilege of having the monitoring device removed. In this way, a defendant's violation of a court
order concerning his or her movements, or his or her presence at the scene of a reported offense,
could be ascertained simply by checking the electronic monitoring records.
Ultimately, that approach- finding ways to support treatment with appropriate safeguards
rather than objecting automatically to treatment - might better serve the interests of community
safety than ifthe prosecutor were to ask the court to impose a State Prison sentence after which the
defendant upon his or her return to society likely would commit new crimes as a result of his or her
untreated addiction.
Accordingly, it is hereby Directed that:

a.

Alerting the Court of Possible Addiction. The prosecutor assigned to handle a case
involving a non-violent offense shall to the extent feasible review available information
concerning any indicia that the offender may be a drug or alcohol dependent person
as defined in N.J.S.A. 2C:35-2 (e.g., current arrest report, presentence reports in prior
cases, etc.). If the prosecutor becomes aware of information reasonably suggesting that
the defendant is a drug or alcohol ·dependent person, he or she shall report such
information to the court at the earliest opportunity.

b.

Policy to Encourage Drug Court. Where a defendant is eligible for special probation
pursuant to N.J.S.A. 2C:35-14, the prosecutor shall request the court at sentencing to

Page 12

impose special probation unless the County Prosecutor or designated senior assistant
prosecutor, or Director of the Division of Criminal Justice or designated Assistant
Attorney General in cases prosecuted by the Division, determines in writing that
admission to Drug Court would pose a danger to the community. In making that
determination, the prosecutor shall consider whether any conditions of probation (e.g.,
electronically monitored curfew) are available that adequately would address the
community safety concerns.
c.

Approval of Objections Based on Community Safety. A prosecutor shall not object to
a defendant being sentenced to special probation pursuant to N.J.S.A. 2C:35-14 on the
grounds that defendant's admission to Drug Court would pose a danger to community
safety unless the basis for such objection has been reviewed and approved by the
County Prosecutor or designated senior assistant prosecutor, or Director of the Division
of Criminal Justice or designated Assistant Attorney General in cases prosecuted by
the Division, considering whether any conditions of probation (e.g., electronically
monitored curfew) are available that would adequately address the community safety
concerns.

d.

Identifying Malingers. In cases being considered for Drug Court where the prosecutor
has concerns that a defendant is feigning addiction, the prosecutor shall review the
T ASC (Treatment Assessment Services to the Courts) evaluation and shall to the extent
feasible determine whether the TASC evaluator had reviewed all appropriate collateral
documents, including any prior presentence investigation reports. Prosecutors shall
make certain that T ASC evaluators have access to potentially relevant information that
might be found in the prosecutor's files, including information stored in a file
pertaining to any other pending case or a prior case involving the defendant.

e.

Explaining Drug Court Policies and Procedures to Prosecutors. The Division of
Criminal Justice in consultation with the County Prosecutors shall develop and
periodically update materials for use by assistant prosecutors and deputy attorneys
general to explain the prosecutor's role and participation in the Drug Court Program
and to ensure statewide uniformity in the exercise of prosecutorial discretion. These
materials shall include training on the nature and indications of addiction, and how to
review information available in a prosecutor's file to identify indicia of addiction that
should be reported to the court pursuant to this Directive.

f.

Explaining Drug Court to Victims. The Division of Criminal Justice in cooperation
with the County Prosecutors and the Office of Victim Witness Advocacy shall within
120 days develop informational materials to explain the Drug Court process to victims,
and shall develop standards to be used by assistant prosecutors and deputy attorneys
general to ensure that victims' constitutional and statutory rights are respected in cases

Page 13

being considered for Drug Court.
g.

CLE Training. The Attorney General Advocacy Institute shall make available
continuing legal education programs concerning Drug Court to assistant prosecutors
assigned to Drug Court, and to other assistant prosecutors and deputy attorneys
general who may handle cases involving defendants who may be eligible for Drug
Court.

7.

Questions

Any questions concerning this Directive shall be addressed to the Director of the Division
of Criminal justice, or his designee.
8.

Effective Date

This Directive shall take effect immediately, and shall remain in force unless and until
rescinded or amended by Order of the Attorney General. With respect to any provision or feature
of this Directive for which a specific time period for implementation is not indicated, the
provision or feature shall be implemented as soon as practicable.

an
Acting Attorney General

Dated: October 28, 2014

ATTACHMENT A

NJ Attorney General's Heroin & Opiates Task Force

Naloxone Deployment Reporting Form

Police Department:
Date of Overdose:

Case#:

I

I

Time of Overdose:

Race/Ethnicity

0Female

D Male

0White

D Hispanic

D Black

0PM

I Address of victim :(Street address, City)

Location where overdose occurred : (Street address, City)
Gender of the victim:

DAM

I Age:

D Unknown

D Asian/Indian

D American Indian

D Pacific Islander

Signs of overdose present (check all that apply)
D Unresponsive

D Breathing Slowly

D Not Breathing

D Slow pulse

D No pulse

D

Other (specify):

Suspected overdose on what drugs
D Heroin

D Benzos/ Barbituates

D

D

D Methadone

D Don't Know

Alcohol

D Blue lips

Cocaine/ Crack

(check all that apply)
0Suboxone
D

Any other opioid

D

Other (specify):
..

Evidence
0Heroin

Stamp (Text/Color)

Descibe Image:

Stamp (Textl<?~.l~r)_

Descibe Image:

_O _C?P.i~~~- ~-i!I_~ --- ..
Evidence Secured

Pill Type:

Doctor's Name:

-

0

.

0

0

Drugs

Paraphernalia

Details of Naloxone Deployment

I Did Naloxone work :

Number of doses used:
If yes, how long did it take to work :
Patient's response to Naloxone

D

<1 min

0Yes

01-3 min

0 Responsive and alert

03-5 min

D None

What else was done:

D Sternal Rub

Automatic Defibrillator

D

Yelled

D Shook them

0

EMS Naloxone

D

Bystander Naloxone

0 Other (specify):

D

Naloxone Information:

Care transfer to EMS

D

0 Yes

D Rescue breathing

0

Disposition:

D Physically Combative

I Did the person live:

D Recovery position

0 No response to Naloxone

D Irritable or Angry

0 Dope sick (e.g. nauseated, muscle aches, runny nose, and/or watery eyes)
D Other (specify):

0 Don't Know

0>5min

0 Responsive but sedated

Post-Naloxone withdrawal symptoms (check all that apply)

D Vomiting

0 Not Sure

0No

0No

0 Chest compressions
D Oxygen

Other (specify):

Lot#:

Expiration date:

I

I

Notes I Comments

Officer's Name

Signature

Date of Report

Please email form to roicadmin@gw.njsp.org and CountyCoordinator@???.gov or
fax to NJROIC (609) 530-3650 and (???) ???-??? (Attn:
)

~hdc of ~ cfu 3Jcrscll
DEPARTMENT OF LAW AND PUBLIC SAFETY
OFFICE OF THE ATTORNEY GENERAL

ROBERT J. DEL TUFO
ATTORNEY GENERAL

August 14, 1991

Dear Chief Executive:
The delivery of effective police service depends in large
measure on the quality of leadership by the agency's chief
executive. We all recognize the importance to police
executives of timely and practical management resources.
For several years the Division of Criminal Justice and the
New Jersey State Association of Chiefs of Police have worked
together to develop the Police Management Manual as a standard
for municipal police management. The manual is designed to
provide police executives with practical guidelines necessary
to address day-to-day operational concerns.
I am pleased to provide you with Ch&pter five of the
Police Management Manual, "Internal Affairs Policy and
Procedures" which deals with a matter of extreme importance to
everyone in law enforcement. This chapter, which was prepared
after consultation with numerous law enforcement officials,
serves as a supplement to the New Jersey Law Enforcement Agency
Standards Program begun in October of last year by the Division
of Criminal Justice and the State Chiefs Association. It
contains standards, policies and procedures for the internal
affairs function.
Some highlights of "Internal Affairs Policy and Procedure"
include:
0

It advocates the establishment of a formal
Internal Affairs Unit or function in each
police agency. While assignment of
personnel may be on a full or part time
basis, a structure must be in place to ·
objectively review complaints of officer
misconduct.

0

It calls for police departments to accept
citizen complaints about police conduct
HUGHES JUSTICE COMPLEX • CN 080 • TRENTON, NJ 08625-0080 • 609-292-4919
NEW JERSEY IS AN EQUAL OPPORTUNiTY EMPLOYER

FAX 609-292-3508

August 14, 1991
Page 2

from any person 24 hours a day, seven days
a week, including anonymous complaints.
D

It provides for a police department
representative to visit the complainant if
the complainant cannot file the report in
person.

D

It calls for all complaints about police
officer conduct to be thoroughly and
objectively investigated to their logical
conclusions.

D

It calls for the immediate notification of
the county prosecutor in the event of any
allegation of criminal misconduct by a
police officer, or whenever a firearms
discharge results in an injury or death.

D

It provides that the accused officer is
accorded all of the appropriate due process
rights in the internal disciplinary
process. This includes the right to be
notified of the outcome of all complaint
investigations.

D

It instructs that citizen complainants be
advised of the outcome of an internal
investigation or disciplinary proceeding.

D

It provides police departments with
detailed information and guidelines on
conducting thorough internal investigations
of any complaints about police conduct.

D

It provides police departments with a
sample Internal Affairs policy and
procedures, as well as sample formats for
use in the disciplinary process.

D

It calls for an annual report summarizing
the types of complaints received and the
dispositions of the complaints to be made
available to the public. This report would
not contain the names of complainants or
the accused officers.

August 14, 1991
Page 3

As I am sure you will agree, citizen confidence in the
integrity of a police department is enhanced by the
establishment of meaningful and effective complaint resolution
procedures. Toward that end, this chapter is a reflection of
our interest in having all police agencies in this state adopt
and conscientiously implement these procedures for the handling
of citizen complaints.
Recognizing the key role played by officers assigned to
the internal affairs function, it is important that they are
properly prepared for the task. In the near future we will be
establishing a training program for those officers assigned by
you to internal affairs responsibilities. Additional details
concerning this program wii1 be forthcoming in order that you
may identify personnel from your agency who would benefit from
such training.
If you have any questions about this chapter or any other
portion of the Police Management Manual, please call the
Division of Criminal Justice, Police Services Section at
(609)984-0960.

/rs
c: Robert T. Winter
Director

·......___ ..

Division of Criminal Justice
Police Bureau

Police Management Manual
Chapter Five
Internal Affairs Policy and
Procedures

August, 1991

I /\Th

.________ .mrr
••Jersey

Department of Law I Public Safety
DMllon of Crlmn.l ~

POLICE MANAGEMENT MANUAL
CHAPTER FIVE
INTERNAL AFFAIRS POLICE AND PROCEDURES
Table of Contents
PART ONE
INTERNAL AFFAIRS AND THE DISCIPLINARY PROCESS
Introduction • • • • • • • • •. • • • • • •
Policy Management System • • • • • • • • •
Responsibility for Carrying Out Discipline
Internal Affairs Unit • • • • • ·• • • • •
Staff Inspections • • •
• • • • • • •
Training . . . . . .

. . .

•
•
•
•
•

•
•
•
•
•

•
•
•
•
•

• • • •
• • • •
• • • •
• •
• • • •

1
3
5
6
7

. . . . . . . . . . .

8

Citizen Complaints •
• • • • •
• • • • • • • • •
Complaint Process • • • • • • • • • • • • • • • • •

8
9

Conclusion . • • • • • . • . • • •

• • .

• • • •

15

PART TWO
INTERNAL AFFAIRS INVESTIGATIONS
Selection of Personnel • • • • • • • • • • • • • • •
Investigation Standards . . . • . • • •
• • • •
Investigation Techniques • • • • • • • • • • • • • •
Interviewing ·Members of the Department •
• •
Interviewing the Subject Officer • • • • .• • • • • •
The Officer as a Subject of a Criminal Investigation
The Internal Affairs Report and Conclusion of Fact •
Investigation of Firearms Discharges • • • • • • • •

• •
• •
• •

• •

16
17
18
24
24
29
29
30

Appendix A.
MODEL INTERNAL AFFAIRS POLICY AND PROCEDURES •

32

Appendix B.
INTERNAL AFFAIRS COMPLAINT FORM

47

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

Appendix C.
INTERNAL AFFAIRS INVESTIGATION DISPOSITION
RECOMMENDATIONS • • • • • • • • • • • •

......
Appendix D.
MODEL PERFORMANCE NOTICE . . . . . . . . . . . . . . . .
Appendix E.
SAMPLE CHARGING FORM • • . . . . . . . . . . . . . . . .
Appendix F.
SAMPLE INTERVIEW ADVISEMENT FORM . . . . . . . . . . . .
•

i

48

49

50
51

-.__ ____ _

Appendix G.
SAMPLE USE IMMUNITY GRANT ADVISEMENT FORM
Appendix H.
SAMPLE RESPONSE LETTER:

• • • • •

COMPLAINT ACKNOWLEDGEMENT

.

•

.

53

Appendix I.
SAMPLE RESPONSE LETTER: COMPLAINT NOT SUBSTANTIATED

..
Appendix J.
SAMPLE RESPONSE LETTER:. POLICY FAILURE . • . • • . . .
Appendix K.
SAMPLE RESPONSE LETTER: COMPLAINT SUBSTANTIATED . . . .
Appendix L.
STATUTES AND RULES RECOMMENDED FOR REVIEW . . . . . . .
Appendix M.
"MERIT SYSTEM BOARD TIME TABLE AND STEPS FOR
DISCIPLINARY ACTION • • • • • • • • • •

52

....

54
55

56
57

58

Appendix N.
N.J.D.P.- PRELIMINARY NOTICE OF DISCIPLINARY ACTION

..

62

Appendix o.
N.J.D.P.-FINAL NOTICE OF DISCIPLINARY ACTION _. • • •

..

63

•

ii

PART ONE
INTERNAL AFFAIRS AND THE DISCIPLINARY PROCESS

Introduction
Achieving the desired level of discipline within the police
agency is among the most important responsibilities of the police
executive. Yet, this is one of the most frequently neglected and
outdated processes existing within many police agencies. While
the word "discipline" was originally defined as instruction,
teaching or training, its meaning has shifted toward a concept of
control. This emphasis on control-has resulted in discipline
being viewed as a negative threat rather than a mechanism for
instruction and counseling. Too frequently rules of conduct and
disciplinary procedures are used as an end in themselves, their
purpose as an aid to reaching department goals is forgotten.
This dominance of the negative aspects of discipline diminishes
morale and officer productivity.
A First Step
A first step in approaching discipline positively is to rely
more on emphasizing instruction and less on control. This
requires the police executive to focus on organizational
practices. He must rirst define the goals and objectives of all
departmental units. He must then promulgate management's
expectations to guide these units toward the realization of those
goals. And finally, the police executive must establish a means
to monitor performance and to correct improper actions.
This approach to management as it relates to discipline
insures that all subordinates know and understand:
1.

What must be done;

2.

Why it must be done;

2.

How it must be done;

3.

When it must be done;

4.

What constitutes satisfactory performance;

5.

When and how to take corrective action.

To achieve this, management must establish workable
procedures for documenting all expectations and advising
individuals of their duties and responsibilities.

1

Prevention of Misconduct
Prevention is the primary means of reducing and controlling
misconduct. While disciplinary actions are properly imposed on
officers who engage in wrongdoing, they are of limited utility if
they shield organizational conditions which permit the abuses to
occur. Too often, inadequate training and lack of appropriate
guidance are factors that contribute to officers' improper
performance. The agency should make every effort to eliminate
the organizational conditions which may foster, permit, or
encourage improper performance of employees. In the furtherance
of this objective, special emphasis is placed on the following
areas:
· Recruitment and selection. Selecting and appointing the
highest quality of individuals to serve as law enforcement
officers must be a priority of every law enforcement agency.
During the selection process, psychological tests and individual
interviews should be completed by each candidate in an attempt to
identify those who would be best suited for police work. These
procedures may also be used for promotional testing, as well as
assigrunent to especially sensitive responsibilities or those that
pose the greatest opportunities for abuse or wrongdoing. This
procedure must be governed by local policy and contracts.
Training. Recnlit and in-service training for police
officers should emphasize the sworn obligation of those officers
to uphold the laws and provide for the public safety of .the
citizenry. Police ethics should be a major component in the
training curricula, as well as an in-depth examination of the
rules, regulations, policies and procedures of the department,
including the disciplinary process. There must also be a process
to advise veteran officers of any new statutory requirements or
significant procedural changes.
·
Proper training of agency supervisors is critical to the
discipline and performance of police officers. Emphasis should
be placed on anticipating problems among officers before they
result in improper performance or conduct. Supervisors are
expected to ·recognize potentially troublesome officers, identify
training needs of officers, and provide professional support in a
consistent and fair manner.
Community outreach. Commanding officers should strive to
remain informed about and sensitive to the needs and problems of
the community. Regularly scheduled meetings with citizen
advisory councils as well as informal contact with community
leaders should be used to hear the concerns of citizens. These
meetings help commanding officers identify potential crisis
situations and keep channels of communication open between the
agency and the community. The disciplinary process should be
publicized and clearly explained in these forums.
2

Data collection and analysis. The Internal Affairs Unit or
function should prepare periodic reports for the police executive
that summarize the nature and dispos,ition of all misconduct
complaints received by the agency. The report shall include the
age, sex, race and other complainant characteristics which might
signal systematic or bias motivated misconduct by any member of
the department. Terminated complaints should be recorded and the
reasons for termination explained. Copies of the internal
affairs report should be distributed to all command and
supervisory personnel.
An annual report summarizing the types of complaints
received and the dispositions of the complaints should be made
available to the public. The names of complainants and accused
officers should not be published in this report.

Policy Management System
The department's policy management system serves as the
foundation for effective discipline. A clearly defined policy
management system is designed to move the organization toward its
stated goals and set the standard for acceptable performance.
The system must incorporate a mechanism for the distribution of
policies and procedures and provide for periodic review and
revision as required. The system should include a classification
and numbering system which facilitates cross-referencing where
necessary.
Police departments should have a policy management system
that includes at least the following:
1.

Rules and regulations: A set of guidelines outlining
the acceptable and unacceptable behavior of ·personnel.
The rules and regulations shall be promulgated by the
appropriate authority as designated by municipal
ordinance.
Policies: Statements. of. agency principles that provide
the basis for the development of procedures and
directives.
Procedures: Written statements providing specific
direction for performing agency activities. Procedures
are implemented through policies and directives.

4.

Directives: Documents detailing the performance of a
specific activity or method of operation. Directives
includes general orders, personnel orders, and special
orders.

The policy management system.should clearly and explicitly
3

state management's intentions. The reader must understand what
management wants to accomplish and what behavior is expected.
Each category of documents in the policy management .system should
be issued in a distinctive, readily identifiable format.
Specific categories of misconduct that are subject to
disciplinary action should be precisely defined within the
department's policy management ~ystem. Any incident of
inappropriate behavior may fall into one or more of the following
categories:
·
CRIME:

Complaint regarding the involvement in illegal
behavior, such as bribery, theft, perjury or
narcotics violations.

EXCESSIVE FORCE: Complaint regarding the use or threatened
use of excessive force against a person.
ARREST: . Complaint that the restraint of a person's liberty
was improper or unjust.
ENTRY:

Complaint that entry into a building or onto
property was improper or that excessive force was
used against property to gain entry.

SEARCH:

Complaint that the search of a person or property
was improper, unjustified or otherwise in
violation of established police procedures.

DIFFERENTIAL TREATMENT: Complaint that the taking, failing
to take, or method of police action was predicated
upon irrelevant factors such as race, attire, age,
or sex.
DEMEANOR:

Complaint that a department member's bearing,
gestures, language or other actions were
inappropriate.

SERIOUS RULE INFRACTIONS: Complaint such as disrespect
toward supervisor, drunkenness on duty, sleeping
on duty, neglect of duty, false statements or
malingering.
MINOR RULE INFRACTIONS: Complaint such as untidiness,
tardiness, faulty driving, or failure to follow
procedures.
In addition, the policy management system should clearly
indicate the possible penalties an officer may receive when an
allegation of misconduct is substantiated. A scale of
progressive disciplinary actions or penalties permitted by law
should be used by the police department. Such a scale includes:
4

l.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.

Counseling
Oral reprimand or performance notice
Letter of reprimand
Loss of vacation time 1
Imposition of extra duty 1
Monetary fine 2
Transfer/reassignment
Suspension without pay
Loss of promotion opportunity1
Demotion
Discharge from employment

Each officer should have ready access to an official manual
which clearly describes and defines categories of misconduct.
The disciplinary process should be thoroughly explained in the
manual, including precise descriptions of the proper authority of
the Internal Affairs Unit, the investigation process, the
officer's rights, the hearing process and all appeal procedures
available to·the officer.
Responsibility for Carrying Out Discipline
A system of rules and regulations specifying proper behavior
will not in itself assure effective discipline. Unless there is
some method of detecting violations of the rules, and bringing
misconduct to the attention of the proper authorities, the
written rules will· have little meaning. If management fails to
act promptly and appropriately when improper conduct has
occurred, discipline and the agency's effectiveness will rapidly
diminish. When not acted upon, violations of department rules,
regulations, policies or procedures become the accepted practice
making the written directives meaningless.
Authority to Discipline
Subject to the limitations set forth in N.J.S.A. 40A:14-147
et ~ and municipal ordinances, the police executive is vested
with the authority and responsibility for all department
discipline. Except for emergency suspensions, ~11 disciplinary
action must be approved by the police executive.
I

1

Penalties not available to agencies covered by New Jersey
Department of Personnel regulations.
2

Agencies operating under the Department of Personnel
statutes (N.J.S.A. 11A:2-20) and regulations may only assess a
fine in lieu of a suspension where loss of the officer from duty
would be "detrimental to the public health, safety or welfare"
or if the assessment is restitution or is agreed to by the
employee.
5

To carry out disciplinary tasks successfully, however,
responsibility must be delegated by the police executive to
individual units within the agency. Although the levels of
authority vary within the agency's hierarchy, the failure to
carry out responsibilities at any level will contribute to the
organization's ineffectiveness. The task of clearly delineating
responsibility and authority is essential to effective
discipline.
Every supervisor has a responsibility for knowing and
following the procedures established by the organization to deal
with employee performance which is contrary to expectations. If
the supervisor fails to follow these procedures or avoids his
responsibility, that supervisor is not conforming to expected
behavior and must himself be subjected to some corrective action.
Some supervisors occasionally need to be reminded that the
fundamental responsibility for direction and control rests with
the immediate supervisor at the execution or operations level,
not ~ith the police executive.
To provide such direction and control, supervisory personnel
must be granted proper authority to carry out their
responsibilities. Individual supervisory personnel may be
permitted to take certain disciplinary measures, subject to
approval of the police executive. These measures may include
oral reprimand or performance notice, written reprimand, and
written recommendations for other disciplinary actions. The
extent of this authority must be clearly stated in the
department's policy management system.

Internal Affairs Unit
The Internal Affairs Unit, or responsibility, should be
established in each law enforcement agency. Depending upon the
need, the Internal Affairs function can be full or part-time. In
any event, this function necessitates either the establishment of
a unit or officer, or the clear definition of responsibility for
carrying out the Internal Affairs function on an as needed basis.
The unit shall consist of those members of the department
assigned to the Inte;nal Affairs function by the police
executive. Personnel assigned to the Internal Affairs function
serve at the pleasure of and are directly responsible to the
police executive or designated Internal Affairs commander.
The goal of Internal Affairs is to insure that the integrity
of the department is maintained through a system of internal
discipline where fairness and justice are assured by objective,
impartial investigation and review.

6

Duties and Responsibilities
The Internal Affairs Unit or officer should conduct
investigations of allegations of misconduct by members of the
department and review the adjudication of minor complaints
handled by supervisors. In addition, Internal Affairs should be
responsible for the coordination of investigations involving the
discharge of firearms by department personnel. Internal Affairs
will also be responsible for any other investigation as directed
by the police executive.
Internal Affairs may conduct an internal affairs
investigation on its own initiative upon notice to, or at the
direction of the police executive or Internal Affairs commander.
Internal Affairs may refer investigations to the employee's
supervisor for action as permitted by department policy and
procedures.
Internal Affairs members or officers temporarily assigned to
that· function should have the authority to interview any member
of •the department and to review any record or report of the
department relative to their assignment. Requests from Internal
Affairs personnel, in furtherance of their duties and
responsibilities, should be given full cooperation and compliance
·as though the requests came directly from the police executive.
The Internal Affairs Unit or officer designated by the chief
executive shall maintain a comprehensive central file on all
complaints received, whether investigated by Internal Affairs or
assigned to the officer's supervisors for investigation and
disposition. An Internal Affairs case log should be maintained
which records the basic information on each case, including the
accused officer, allegations, complainant, date received,
Internal Affairs officer assigned, disposition and disposition
date for each complaint.
·
Staff Inspections
While the primary responsibility for enforcing department
policies rests with the line supervisors, management can not rely
solely on those supervisors for the detection of violations.
Administrators should know whether or not the plans of the
organization are being implemented and carried out as intended.
It is necessary for management to know if behavior is, in fact,
consistent with rules and regulations, policies and procedures.
The task of detecting such defects should be delegated to an
Inspection Unit or function.
Large agencies might establish an Inspection Unit operating
directly out of the off ice of the police executive • Small and
medium size agencies can successfully accomplish this function by
7

periodically assigning the inspection task to selected unit
commanders. Individuals so assigned must be of unquestioned
integrity and hold sufficient rank to achieve the objectives of
the inspection function.
Duties and Responsibilities

The inspection function should determine by actual on-site
inspection whether the policies of management are being complied
with by personnel at the operations level. This function is also
responsible for reviewing and evaluating procedures. In
addition, the inspection unit or function should evaluate the
material resources of .the department and their utilization. This
includes but is not limited to motor vehicles, communications
equipment, office machinery and supplies. The inspection
function or unit should report any deficiencies to the police
executive, as well as recommend any possible solutions and
improvements.
Tr'aining

Just as· the original meaning of discipline is instruction,
police agencies should view "discipline problems" as possible
"training problems." Inappropriate behavior on the part of an
officer or group of pf f icers should prompt supervisors to review
past training and evaluate the need for future training. Perhaps
a particular officer needs a refresher course in a certain
subject. Or perhaps changes in the law, the police department,
or even within the community have given rise to a need for some
training never before given to the officer or department as a
whole.
From line supervisors up to the police executive,- the
potential need for training should always be considered when
officers exhibit inappropriate behavior. The question should be,
"Could training have prevented this behavior, and can training
prevent it from happening in the future?"
Training in this sense can be. anything from informal
counselling of an officer about a particular policy or procedure,
through formal department-wide training. The department may also
take·advantage of other agencies, including police academies,
prosecutor's office, Division of Criminal Justice, or other
outside entities.
Citizen Complaints

Complaints from the public provide the police executive with
invaluable feedback. These complaints, whether substantiated or
not, increase awareness of actual or potential problems. The
8

police executive should view complaints from the public as a
means of determining where the police department falls short of
its intended goals. Similarly, complaints regarding officer
behavior or allegations of misconduct can alert the police
executive to problems which require disciplinary action or
identify a need for additional training. The police executive
must initiate a policy which provides that all citizen complaints
are readily accepted and promptly and fully investigated.
A properly administered compl&int review system
serves both the special professional interests of the
police and the general interests of the community. As
a disciplinary device, it can promote and maintain
standards of conduct among police officers by punishing
-and thereby deterring- aberrant behavior. Just as
important, it can provide satisfaction to those
civilians who are adversely affected by misconduct.
Harold Beral and .Marcus Sisk, "The Administration of
Complaints by Civilians Against the Police," Harvard
Law Review, 77, No. 3, January 1964, p.500.
It is clearly in the interest of the police
executive to initiate effective change in the
administration of internal discipline. Otherwise,
public or police employee groups, or court decisions in
civil litigation, may force executives to follow a
course other than the one they would have chosen, and
thus diminish their control over their agency.
National Advisory Commission on Justice Standards and
Goals, Report on Police, (Washington, D.C. GPO), P.
470. Also see Rizzo v. Goode, 423 U.S. 362, 96 s.ct.
598

(1976).

Complaint Process
.

.

.'

.
....

.

.....

.. ·.
··.·········

_.

·.

.

.

...

-

.

Agencies <;>perating under the purview of Title llA must com~i:f
with New Jersey Department of Personnel Rules (N.J.A.C. 4A:1 .. >···
pl~l. et seq.).•< See appendices K, N
o.
.-·.-

.·

-·

... ··

··-·.

·.-.·.·.

•· . ·. •

and

• • . Pursuant•·•.•••to•••····N·•.•

•,••••••·••admi~istr~ti;~········ch~~·~.~·····••iiii~·~···•:.•i•••••:•••···
i

J ••. s . A·.••·········40A·:•·14-.1•41
·.··.be filed within
45 days 'Of the· date the department obtains<
··sufficient informa~~on to file c,:hargefi again~t a11 officez:.

9

Accepting Reports Alleging Officer Misconduct

All complaints of officer misconduct should be .accepted from
all persons who wish to file a complaint regardless of the hour
or day of the week. This includes those from anonymous sources,
juveniles and persons under arrest or in police custody.
Internal Affairs personnel should accept complaints if available.
If Internal Affairs is not available, supervisory personnel
should accept reports of officer misconduct, and if no
supervisory personnel are available, complaints should be
accepted by any police officer. At no time should a complainant
be told to return to file his report .•
Citizens should be encouraged to submit their complaints in
person as soon after the incident as possible. If the
complainant cannot file the report in person, a department
representative should visit the individual at his or her home,
place of business or other location in order to complete the
report.
The Internal Affairs officer, supervisor or other officer
receiving the complaint will explain the department's
disciplinary procedures to the person making the complaint. He
should advise the complainant that they will be kept informed of
the status of the complaint and its ultimate disposition. The
supervisor should complete the appropriate internal affairs
complaint form and have the complainant sign the completed form.
If the complaint is anonymous, the officer accepting the
complaint should complete as much of the internal affairs
complaint form as he can given the information he has received.
Complaints of differential treatment, demeanor and minor
rule infractions should be forwarded to the supervisor or
commander of the accused officer. All other complaints should be
retained by or forwarded to the Internal Affairs Unit.
Complaints might also be received from other law entorcement
agencies, such as neighboring municipal police agencies, the
county prosecutor or the F.B.I. In such cases, the complaint
should be forwarded to Internal Affairs for immediate handling.
If a complainant comes to a municipal police agency to make
a complaint about another police agency, he should be referred to
that agency. However, if the complainant expresses fear or
concerns about making the complaint directly, he should be
referred to the county pr~secutor.
All complaints should be investigated, so long as the
complaint contains sufficient factual information to warrant an
investigation. In cases where the identity of the officer is
unknown, the Internal Affairs investigator should use all
10

available means to determine proper identification. Each
complaint should be investigated to its logical conclusion.
Some very minor complaints are merely a misunderstanding on
the part of the citizen. If the supervisor' accepting the
complaint can resolve it to the complainant's satisfaction
through an explanation of department rules or procedures, the
complaint process will be terminated. In these cases, the
resolution should be noted on the complaint form which should
then be signed by the complainant and the officer involved, and
filed with Internal Affairs.
Immediate Suspension Pending Investigation and Disposition
In cases involving allegations of serious officer
misconduct, the police executive may choose to suspend the
accused officer pending the outcome of the investigation and
subsequent administrative charges, if any. Before immediate
suspension of an officer, with or without pay, the police
executive should determine if any of the following conditions
warranting immediate suspension have been met.
1.

2.
3.

4.

The employee is unfit for duty.
The employee is a hazard to any person if permitted to
remain on the job.
An immediate suspension is necessary to maintain
safety, .health, order or effective direction of public
services.
The employee has been formally charged with a crime of
the first, second or third degree, or a crime of the
fourth degree on the job or directly related to the
job.

In deciding whether or not to continue to pay an officer who
has been suspended pending the outcome of the investigation or
complaint, the police executive and appropriate authority should
consider the seriousness of the offense as well as the possible
outcomes should the officer be found guilty.
Investigation and Adjudication of Minor Complaints
Complaints of differential treatment, demeanor and minor
rule infractions should be forwarded to the accused officer's
commanding officer. The commanding officer should require the
officer's supervisor to investigate the allegation of misconduct.
The supervisor investigating the complaint should interview
the complainant, all witnesses and the accused officer, as well
as review relevant reports, activity sheets, or dispatcher forms.
The supervisor should then submit a report to the commanding
officer summarizing the matter and indicating the appropriate
11

disposition.

Possible dispositions include:

1.

Exonerated:
a.
The alleged incident did occur, but the actions of
the accused were justified, legal and proper; or,·
b.
the officer's behavior was consistent with agency
policy, but there was a policy failure.

2.

Substantiated: The investigation disclosed sufficient
evidence to clearly prove the allegation.

3.

Not Sustained: The investigation failed to disclose
sufficient evidence to clearly prove or disprove the
allegation.

4.

Unfounded: The investigation indicated that the acts
complained of did not occur.

If the supervisor determines that the complaint is unfounded
or not sustained and the commanding officer concurs, the
investigation report is to be forwarded to Internal Affairs for
review and entry in the central log and filing.
If the complaint is sustained, the commanding officer should
determine the appropriate disciplinary action. If the action is
no more than a written reprimand, a summary of the complaint and
notification of the disciplinary action taken should be forwarded
to Internal Affairs. If, however, the commander determines that
the matter is of a more serious nature it should be forwarded to
Internal Affairs for further investigation.
When an oral reprimand or performance notice is given, the
officer or employee should be advised that the supervisor or
superior officer is giving an oral reprimand. The supervisor
.
should complete an oral reprimand report (a necessary record for
progressive discipline) or performance notice and forward it to
the conunander. A copy should also be given to the officer being
disciplined.
·
Upon approving the oral reprimand or performance notice, the
commanding officer will forward the report to be placed in the
officer's or employee~s personnel file. Six months after the
date of the approved oral reprimand or performance notice, the
disciplinary report shall be removed from the file and destroyed,
provided no other breach of discipline has occurred.
When a written reprimand is given, the supervisor or
commanding officer giving such reprimand should advise the
subject officer of such and complete a written reprimand report.
A copy of the written reprimand report is to be provided to or
retained by the officer's supervisor and one copy of the report
is to be provided to the officer or employee being disciplined.
12

The original report, together with any supporting documentation,
should be provided to the commanding officer for review.
The commanding officer should review the report and, in
writing, either approve or disapprove the report. If
disapproved, the commanding officer should direct what action, if
any, be taken. Upon final approval, the report should be
forwarded to the Internal Affairs Unit and permanently placed in
the officer's or employee's personnel file.
Upon final disposition of the complaint, a letter should be
sent to the complainant explaining the outcome of the
investigation, and the reasons for the outcome decision.
Investigation and Adjudication of Serious Complaints
.

Where •preliminaey· i?lvestig~ticin indicaf~~·· th~ possibility)of >····
<a criminal·••.•.act ·•on. the. part •. of •. the· .accused• off.icer, xthe./count~.············•·
>prosecutor must<be <notified <im.znediately. </No. furt.her<action ?/
•>should be taken; <including··• the··· fi~;ing o~?charges a~~~l\~\ the >.
\ officer,)1llltil diJ:"epted. by. t:.hE! c::e>unty J>J:OSE!C::Ut()z:,.
> ,>>········

All serious complaints shall be forwarded to the Internal
Affairs Unit. This includes complaints of criminal activity,
excessive force, improper or unjust arrest, improper or excessive
entry, improper or unjustified search, serious complaints of
differential treatment or demeanor, serious rule infractions, and
repeated minor rule infractions.
The supervisor or commanding officer initiating such action
should.complete a form recommending an internal affairs
investigation. This form, together with any supporting
documentation, should be forwarded through the chain of command
to the Internal Affairs Unit. Where there is no full-time
Internal Affairs Unit or function the report is forwarded to.the
police executive.
The Internal Affairs commander or police executive will
direct such further investigation by the supervisor, commanding
officer or Internal Affairs as deemed appropriate.
Internal Affairs shall serve the suspect officer with
notification of the Internal Affairs investigation, unless the
nature of the investigation requires secrecy. The Internal
Affairs investigator should interview the complainant, all
witnesses and the accused officer, as well as review relevant
reports, activity sheets, and dispatcher forms and obtain
necessary information and materials.
13

Upon completion of the investigation, the Internal Affairs
Unit will recommend dispositions for each allegation through the
chain of command to the police executive. As previously
described, these dispositions may include exonerated,
substantiated, not sustained, or unfounded. Each level of review
may provide written recommendations and comment for consideration
by the police executive.
The police executive, upon reviewing the report, supporting
documentation and information gathered during any supplemental
investigation, shall direct whatever act.ion is deemed
appropriate. If the complaint is unfounded or not sustained, or
the subject officer is exonerated, the investigation report
should be entered in the central. log and filed. Internal Affairs
should notify the subject officer of the disposition.
If the complaint is substantiated and it is determined that
formal charges should be preferred, the police executive will
direct either the commanding officer, supervisor or Internal
Affairs to prepare, sign, and serve charges upon the accused
officer or employee. The individual assigned shall prepare the
formal notice of charges and hearing on the Charging Form. (See
sample Charging Form in Appendix E.) This form will also be
served upon the officer charged- in accordance with N.J.S.A.
40A:14-147

et~

The notice of charges and hearing shall direct that the
officer charged must enter a plea of guilty or not guilty, in
writing, on or before the date set forth in the notice for entry
of plea. The date for entry of plea should be at least five days
after the date of service of the charges. If the officer charged
enters a plea of guilty, the police executive officer should
permit the officer to present factors in mitigation prior to
.assessing a penalty. Conclusions of fact and the penalty imposed
will be noted in the officer's personnel file after he has been
given an opportunity to read and sign it. Internal Affairs will
cause the penalty to be carried out and complete all required
forms.
If the ·accused officer makes a written request for a
hearing, the police executive will set the date for the hearing
as provided by statute and arrange for the hearing of the
charges. Internal Affairs shall be responsible for or assist the
assigned commander or prosecutor in the preparation of the
department's prosecution of the charges. This includes proper
notification of all witnesses and preparing all documentary and
physical evidence for presentation at the hearing.
The hearing shall be held before the appropriate authority
or the appropriate authority's designee. The hearing authority
should be empowered to sustain, modify in whole or in part, or
dismiss the charges stated in the complaint. The decision of the
14

hearing authority should be.in writing and should be accompanied
by findings of fact for each issue in the case.
If the hearing authority finds the complaint against the
officer is substantiated, he should fix any of the progressive
penalties which he deems appropriate under the circumstances
within the limitations of statute and the department's policy
management system.
A copy of the decision and accompanying findings and
conclusions should be delivered to the officer or employee who
was the subject of the hearing and to the police executive if he
was not the hearing authority. Upon completion of the hearing,
Internal Affairs will complete all required forms (Department of
Personnel jurisdictions use the Final Notice of Disciplinary
Action form DPF-31B) including the entry of the disposition in
the central log. If the charges were sustained Internal Affairs
will cause the penalty to be carried out. The report should be
permanently placed in the officer's or employee's personnel file.
Upon final disposition of the complaint, a letter should be
sent to the complainant explaining the outcome of the
investigation, and ~he reasons for the outcome decision.
Confidentiality
The progress of internal affairs investigations and all
supporting materials are considered confidential information.
The contents of the internal investigation case files will be
retained in the Internal Affairs Unit and clearly marked as
confidential. Only the police executive or his designee is
empowered to release publicly the details of an internal
investigation or disciplinary action.
All disciplinary hearings shall be closed to the public
unless the accused officer requests an open hearing.
Conclusion .
A clear and comprehensive policy management system
delineating the procedures for dealing with allegations of
officer misconduct or the improper delivery of police services,
and its uniform application, bolsters the integrity of the police
department. A responsive and consistent Internal Affairs Unit or
officer is an indispensable part of the police administrative
process. Its clear existence in the organizational structure
gives notice to both the public and employee that the police
agency is willing to "police the police."

15

PART TWO
INTERNAL AFFAIRS INVESTIGATIONS

Selection of Personnel for the Internal Affairs Function
Internal affairs investigations must be considered as
important to the community and department as any criminal
investigation. An internal investigation may follow one of two
divergent tracks or both simultaneously. These are the
administrative proceedings track which may result in employment
sanctions and the criminal prosecution track which may result in
criminal sanctions. Each track may have different standards of
proof. What may be admissible for one may not necessarily be
admissible for the other.
Consequently, it is important that the Internal Affairs
investigator pe familiar with proper investigative techniques and
legal standards for each type of proceeding. This is necessary
so that evidence obtained will be admissible in the proper
tribunal and the rights of the officer under investigation will
not be inadvertently violated. Therefore, it is essential that
experienced investigators be ·assigned to internal affairs
investigations. They should be trained not only in the elements
of criminal law, court procedures, rules of evidence and use of
technical equipment, but also in the disciplinary and
administrative law.process. Each investigator must be skilled in
interviewing and interrogation, observation, surveillance and
report writing.
·
Personnel assigned to conduct internal affairs
investigations should be energetic, resourceful and alert. They
must have a keen memory and display a high degree of perseverance
and initiative. The Internal Affairs investigator must hold the
police responsibility to the community and professional
commitment above personal and group loyalties. Internal Affairs
personnel must be of unquestioned integrity and possess the moral
stamina to perform unpopular tasks. It is important that these
investigators possess the ability to withstand the rigors and
tensions associated with complex investigations,· social pressures
and long hours of work. The investigator must possess the
ability to be tactful and diplomatic when dealing with members of
the department and the community. Finally, it is recommended
that personnel assigned to the Internal Affairs function reflect
the racial and ethnic spectrum within the community. This is
helpful in gaining acceptance by and assuring access to all
segments of the community.•

16

------

Investigation Standards
The most critical aspect of the disciplinary process is the
investigation of an allegation of police misconduct. Only after
a complete, diligent and impartial investigation can a good faith
decision be made as to the proper disposition of the complaint.
Decisions based upon such an investigation will support the
credibility of the department among its ranks as well as the
public at large.
As with all other investigations, lawful procedures must be
used to gather all evidence pertaining to allegations against a
police officer. Investigations for internal disciplinary or
administrative purposes involve fewer.legal restrictions than
criminal investigations. Restrictions that do exist, however,
must be recognized and followed. Failure to do so may result in
improperly gathered evidence being overturned during the appeal
process. Legal restrictions which apply to internal
investigations stem primarily from case law and collective
bargaining agreements. They may also have, as their basis local
ordinances, administrative regulations, Department of Personnel
rules or municipal personnel department rules.
Complaints must be professionally, objectively and
expeditiously investigated in order to gather all information
necessary to arrive at a proper disposition. It is important to
document citizens'. concerns, even those which might appear to be
unfounded or frivolous. If such complaints are not documented or
handled appropriately, citizen dissatisfaction will grow,
fostering a general impression of department wide insensitivity
to citizens' concerns.
By statute (N.J.S.A. 40A:l4•147), administrative charges
must be filed within 45 days of the date the department has
developed sufficient information to file such charges against an
officer. In cases involving criminal activity, the forty-five
day time period does not start until the final disposition of any
criminal proceedings arising out of the incident against the
accused officer. Investigation status reports should be prepared
every seven days for review by the police executive or Internal
Affairs supervisor. A 30-day time period in which to complete
the investigation is ;ecommended. Requests for an extension of
time to complete an investigation should be submitted in writing.
The request should state the reasons which necessitate the
extension. Only the police executive, or the officer designated
by him to direct the Internal Affairs function, should be
authorized to grant an extension.

--------

The filing of legitimate complaints pertaining to department
personnel is to be encouraged as a means of holding those
personnel accountable to the public. However, the department
must simultaneously seek to hold members of the public
17

responsible for the filing of false and malicious complaints.
such cases, complainants should be informed that legal
proceedings may be instituted against them to rectify such
deliberate actions.

In

Investigation Techniques
The investigator assigned an internal investigations case
should initially outline the case to determine the best
investigative approach and identify those interviews immediately
necessary. The investigator should deterir.ine if any pending
court action or ongoing criminal investigations might delay or
impact upon the case at hand. If it appears that the conduct
under investigation may have violated the law, the county
prosecutor should be immediately notified of the internal affairs
investigation.
If the investigation involves a criminal filing against the
complainant, wherein the accused officer is the victim of the
offense charged, an initial interview should be conducted with
the complainant. However, absent extenuating circumstances, no
further contact should be made until charges against the
complainant are adjudicated.
The Internal Affairs investigator may use any lawful
investigative techniques including inspecting public records,
questioning witnesses, interviewing the subject officer,
questioning fellow employees, and surveillance. Therefore, the
investigator must understand the use and limitations of such
techniques.
As in any criminal investigation, the following necessary
materials, if available, should be obtained: physical evidence,
statements or interviews of all witnesses, statements or
interviews of all parties of specialized interest (such as
doctors, employers, teachers, parents, etc.); all relevant
documents, records and reports, activity sheets, ·complaint cards
and radio logs. Special attention should be given to securing
records which are routinely disposed.of such as telephone and
radio transmissions routinely recorded on department taping
equipment. In additien, the investigator should check the record
bureau files to determine if the subject, complainant, or
witnesses have any prior police involvement.
It is generally reconunended that the complainant and other
lay witnesses be interviewed prior to interviewing sworn members
of the department. This will often eliminate the need for having
to do second and third interviews with departmental members.
However, this procedure does not have to be strictly adhered to
if circumstances and the nature of the investigation dictate
otherwise.
18

While the Sixth Amendment right to counsel does not extend
to internal investigations, an officer should be permitted to
obtain an attorney if so desired. The Sixth Amendment applies to
a criminal prosecution or to a proceeding which threatens a
person's liberty. See Middendorf v. Henry, 425 U.S. 25, 34, 95
s.ct. 1287, 47 L.Ed. 2d 556 (1976). However, a department must
permit an employee to have a union representative present at an
investigative interview if the employee requests representation
and the employee reasonably believes the interview may result in
disciplinary action. N.L.R.B. v. Weingarten, 420 U.S. 251, 95
s.ct. 959, 43 L.Ed. 2d 171 (1975).
Where an internal affairs investigation takes the criminal
prosecution track, it is important-that the employee be made
aware of his or her constitutional rights.
Interviewing the Complainant

"---- "

The complainant should be personally interviewed if
circumstances permit. If the complainant cannot travel to the
irtvestigator's office, the investigator should conduct the
interview at the complainant's home or place of employment. All
relevant identifying information concerning the complainant
should be recorded, e.g., name, complete address (street,
apartment number, city, state), telephone number and area code,
race or ethnic identity, sex, date of birth, hair color, eye
color, social securi~y number, FBI and SBI numbers, and place of
employment (name and address).
All relevant facts known to the complainant should be
.
obtained during the interview. Once the interview is completed,
an effort should be made to obtain a formal, sworn statement from
the complainant. Depending upon the circumstances, such as a
hospitalized complainant, taped statements may be considered in
place of the sworn statement.
Witness Interviews
Whenever possible, all witnesses to the matter under
investigation should be personally interviewed and formal
statements taken. The investigator should attempt to determine
if the witness is motivated by prior arrests, a personal
relationship with the complainant or member of the department, or
other significant factors.
Reports, Records and Other Documents
All relevant reports should be obtained and preserved as
expeditiously as possible.
Internal department reports relating to an accused officer's
duties should be examined. Examples of such reports are: arrest
19

reports and investigation reports, radio logs, patrol logs,
vehicle logs and evidence logs pertaining to or completed by the
officer.
Records and documents of any other agency or organization
that could prove helpful in the investigation should be examined.
These may include: reports from other police departments,
hospital records, doctors' reports, jail records, court
transcripts, FBI or SBI records, credit bureau records, corporate
lookups (Secretary of State's Office), specialized licenses (real
estate, insurance, medical), motor vehi~le abstracts and
telephone toll analysis. In some instances, subpoenas or search
warrants may be necessary to obtain the information.

Physical Evidence
Investigators should obtain all relevant physical evidence.
All evidence, such as clothing, hair or fabric fibers, stains,
and weapons should be handled according to established evidence
procedures.
,,,
With respect to radio tapes, the original tape is the best
evidence and· should be secured at the outset of the
investigation. Transcripts or copies of the original recordings
can be used as investigative leads. Tapes should be monitored to
reveal the totality 9f the circumstances.
Photographs
In the event of a complaint involving excessive use of
force, the following photographic documentation should be
obtained when appropriate. Whenever possible, color photography
should be used.
1.

Photographs of the complainant at the time of arrest or
following the alleged incident of excessive force.

2.

Photographs of the subject officer in the event that
officer was a victim.

3.

A recent photo of the officer in the event a photo
spread will be used for identification purposes. The
photo spread must be properly retained for possible
evidentiary purposes.

4.

Photographs of the scene of the alleged incident, if
necessary.

Physical Tests
Police officers who are the subjects of internal
investigations may be compelled to submit to various physical
20

tests or procedures to gather evidence. Such evidence may be
used against them in a disciplinary proceeding.
No person has a constitutional 'right or privilege to refuse
to submit to an examination to obtain a record of his physical
features and other identifying characteristics of his physical or
mental condition. Evid. ~ 25(a). Evidence that may be obtained
or procedures that may be used to obtain evidence under this rule
include:
l.
2.
3.
4.
5.
6.
7.

Breath sample
Blood sample
Requiring suspect to speak
Voice recordings
Participation in a suspect lineup
Handwriting samples
Hair and saliva samples

Generally, a persQn cannot be physically forced to produce
this evidence or submit to such tests, although a court order may
be obtained to legally compel him to do so. Refusal to comply
with the order can result in a contempt of court action, and may
also result in a second disciplinary action for failure to comply
with a lawful court order.
Polygraph
While a police officer who is the subject of an internal
investigation.may request a polygraph examination, an employer
shall not influence, request or require an employee to take or
submit to a lie detector test as a condition of employment or
continued employment (N.J.S.A. 2C:40A-l).
An officer cannot be required to submit to a polygraph test
on pain of dismissal. Engel v Township of Woodbridge, 124 ~
Super. 307 (App.Div. 1973).
If a polygraph is used the test must be administered by a
qualified p~lice polygraph operator.
Search and Seizure
As a general rule, the Fourth Amendment applies to any
action taken by government. Police officers have the right,
under the Fourth Amendment, to be free from unreasonable searches
and seizures. Fourth Amendment warrant requirements apply to any
search of an officer's personal property including clothing, car,
home or other belongings •.
A voluntary consent to a search may preclude some Fourth
Amendment problems from developing. A consent search eliminates
the need to determine what threshold standard must be met before
21

conducting the search or seizure, either for an administrative or
criminal investigation. Under New Jersey law, for consent to be
legally valid, a person must be informed that he or she has the
right to refuse to permit a search. State v. Johnson, 68 N.J.
349 (1975). If a consent search is utilized, the Internal
Affairs investigator should follow standard police procedures and
have the target officer sign a consent form after being advised
of the right to refuse such a search.
In a criminal investigation the standard to obtain a search
warrant is probable cause. Generally, a search warrant should be
sought to search an area belonging t_o the subject officer when
the officer can reasonably expect to maintain a high level of
privacy in that area. Areas and objects in this category include
the officer's home, personal car, bank accounts, safety deposit
boxes, etc.
Generally, during either administrative investigations or
criminal inve~tigations, workplace areas may be searched without
a search warrant. The critical question is whether the public
employee has a reasonable expectation of privacy in the area or
property the Internal Affairs investigator wants to search. The
determination of a· reasonable. expectation of privacy must be
decided on a case by case basis. There are some areas in the
person's workplace where this privacy expectation can exist just
as there are some areas where no such expectation exists. Areas
where supervisors or other employees may share or go to utilize
files or equipment.would present no expectation or diminished
expectation of privacy. Included here would be government
provided vehicles (patrol cars), filing cabinets, etc.
If a department intends to retain the right to search
property which it assigns to officers for their use, including
lockers, it should put officers on notice of that factw This
notification will help defeat an assertion of an expectation of
privacy in the assigned property by the officer. The agency
should issue a directive regarding this matter, as well as .
include the notice in any employee handbook or personnel manual
(including the rules and regulations manual) provided by.the
department. The notice should also be posted in the locker area
and on any bulletin boards. The following is a sample of what
th~ notice should contain:
The department may assign to its members and
employees departmentally owned vehicles,
lockers, desks, cabinets, etc., for the
mutual convenience of the department and its
personnel. Sucb equipment is and remains the
property of the department. Personnel are
reminded that storage of personal items in
this property is at the employee's own risk.
This property is subject to entry and
22

inspection without notice.
In addition, if the department permits officers to use
personally owned locks on assigned lockers and other property, it
should be conditioned on the officer providing the department
with a duplicate key or the lock combination, whichever is
applicable.
At the present time, the law is unclear on the use in a
subsequent criminal prosecution of evidence obtained during a
warrantless administrative search or inspection of department
property. It is therefore advisable to obtain a warrant whenever
there exists probable cause to believe that the department
property to be searched contains contraband or evidence of a
crime.
Any search of departmental.or personal property should be
conducted in the presence of the subject officer and a property
control officer.
Eavesdropping
In accordance with N.J.S.A. 2A:l56A-4b, law enforcement nonthird party intercepts can be used during internal affairs
investigations. Pursuant to that section of the New Jersey
Wiretap Act, a law enforcement officer may intercept and record a
wire or oral communication using a body transmitter if that
officer is a party to the communication or where another officer
who is a party to the communication requests or requires that
such interception be made. Procedures for such recordings· are
dictated by individual departmental or agency policy.
There is no prohibition against the monitoring of phones
used exclusively for departmental business if an agency can
demonstrate a regulatory scheme or a specific office practice, of
which employees have knowledge. In such instances, there may be
a diminished expectation of privacy in the use of these
telephones and monitoring would be acceptable.
Lineups
A police officer may be ordered to stand in a lineup to be
viewed by witnesses ot complainants. There is no need for
probable cause and the officer may be disciplined for refusal.
In Biehunik v. Felicetta, 441 F.2d 228 (2d Cir. 1971) cert. den.
403 u.s. 932, 91 s.ct. 2256, 29 L.Ed .. 2d 711 (1971), the court
upheld a police department's order to 62 police officers to
appear in a lineup for possible identification by citizens
alleging they had been assaulted by city police officers. The
department did not have probable cause nor a search warrant for
this action. The officers had been advised that they faced
criminal prosecution as well as administrative sanctions. The
23

court applied the following test to the department's order:
Whether upon a balance of public and
individual interests, the order ••• was
reasonable under the particular
circumstances, even though unsupported by
probable cause [Id. at 203].
The Biehunik holding was cited as support of a court ruling
that a police department could expose a police officer's hands,
uniform and wallet to a "blacklight" to determine whether he was
involved in criminal activity. Los Angeles Police Protective
League v. Gates, 579 F.Supp. 36 (C.D. Calif. 1984).
The lineup must be constructed so as not to be unfairly
suggestive. The same rule applies to photo arrays.
Other Investigative Tools
·The law regarding the use of most other investigative tools
is the same for internal investigations as for criminal
investigations. Constitutional precepts such as due process and
right to privacy ap~ly to investigative methods utilized in both
administrative and criminal investigations. It must be
considered, however, that even those constitutionally permissible
methods may be restricted or prohibited by ordinance, department
rule, or contract.
Interviewing Members of the Department
Interviews of fellow police officers are critical to the
internal investigation process and must be carefully thought out
and well planned. When interviewing a police offic~r as a
witness, he must be made aware of the differences between a
witness and the subject of the investigation. A form
acknowledging that the differences were explained should then be
signed by the officer. The statement should include the
investigator's name, as well as the date and time the explanation
was given.
If, at any time, the officer becomes a subject of the
investigation, he shou!d be apprised of that fact and sign an
acknowledgment form.
Interviewing the Subject Officer
A public employer may demand that an employee answer
questions specifically, directly, and narrowly related to the
performance of his official duties, on pain of dismissal, without
requiring him to waive his constitutional right against self24

whell~~er t'tl~;e is .a po~sibility t.fua{ ·t.he - inve~tigation•· ·may .· ·•-· · · >/
>result . in . criminal prosecution : of the 9fficer . or that the . >.
county _prosecutor may _be conducting a )Separate investigation, ·•·
\ the <internal affairs •i nvestigator <should consult with the >···• ./
<.ppp.filtJ' Pl:'()IJfit<;?~or .. ~l:'..·i..ol:'.
· ;g .: :il\~!~!'1"!~~9
> ~he /Office~ \ .. ..: ;
::= :;
-:··:::;'.::.:.;:.:/:·::</:{/=:::~ .::::.;._.:-...·.· .·.-.·-.
·.·-·. ..·.·.· ·.·.· -.·.--·.·..-.·-:-:-:-:-··:-. ...·..·,.-;.·..·.··:-:;.:-··:-·-:-:·::·::.;::;:>'./·:;: :-:-·-·.-.-_·_ -_ ::\::~}( ::::·_:;-.:;:);:::.;·: ....-.·.· ·-·-· :-:-:-:-:-.;::·:·;.: ::;-:\\:}))~_::;)::.=}::::::_::.::-: :-:=.:
·.·.·."·::::>-::::.:.

<r·. '"

incrimination. However, if the employer offers the employee the
choice between giving incriminating answers or losing his job,
that choice makes any answer compelled in violation of the Fifth
Amendment. As a result, the answer cannot be used in a
subsequent criminal proceeding. Garrity v. New Jersey, 385 U.S.
493, 87 S.Ct. 616, 17 L.Ed.2d 562 (1967), Uniformed Sanitation
Men Association v. Commission of Sanitation, 392 U.S. 280, 88
S.Ct. 1917, 20 L.Ed.2d 1089 (1968). An employer cannot force an
employee to choose between surrendering a constitutional right or
his _job.
• An employer can dismiss an employee for refusin~ to answer
questions where the employee is granted use immunity for his
answers and the possibility of self-incrimination is thus
removed. Once use immunity has been granted, as a prerequisite
to the imposition of discipline for refusal to answer, the
employee must be clearly, unambiguously, and expressly advised of
the grant of use immunity and of the possible imposition of
discipline, including dismissal, for a refusal to answer.
Silence can be the basis for a misconduct charge only when there
has been a prior explanation of the use immunity to which the
employee's statements are entitled. Banca v. Phillipsburg, 181
N.J.Super. 109 (App. Div. 1981).

A· public employee has a duty to appear and testify, under
pain of removal from office, before any court, grand jury~ or the
State Commission of Investigation, on matters directly related to
the performance of his duties. N.J.S.A. 2A:81-17.2al • . If the
employee claims the privilege against self-incrimination after
having been informed that his failure to appear and testify would
result in removal from office, N.J.S.A. 2A:81-17.2a2 confers use
immunity on the testimony and any evidence derived from it,
except where the employee is subsequently prosecuted for perjury
or false swearing while testifying. This is a self-executing
legislative grant of immunity. State v. Gregorio, 142 N.J.Super.
372 (Law Div. 1976). This statute has been held to apply to a
departmental/internal investigation to the extent that an
employee under investigation is entitled to be clearly,
unambiguously, and expressly advised of the grant of use immunity
3

Use immunity can only be granted through the county
prosecutor by the Attorney General.
25

.

:

at the outset as a prerequisite to the subsequent imposition of
discipline for refusal to answer questions.·· He is further
required to be told that refusal to answer could subject him to
that discipline. Banca v. Phillipsburg, 181 N.J.Super. 109 (App.
Div. 1981). During a departmental investigation, where an
employee is granted use immunity and still refuses to answer
questions, the employer's sole recourse to compel a response is
to impose discipline. The employer cannot resort to any special
court proceeding._ In re Toth, 175 N.J.Super. 254 (App. Div.
1980).
Depending upon the circumstances and nature of the
complaint, the subject officer may be required to either submit a
report detailing his understanding.and knowledge of the relevant
facts of the investigation or provide a formal statement.
Interviews should take place at the Internal Affairs off ice
or a reasonable and appropriate location designated by the
investigating officer. The subject officer's superior should be
made aware of the time and place of the interview so the
officer's whereabouts are known. Interviews should be conducted
at a reasonable hour when the officer is on duty, unless the
seriousness of the matter requires otherwise.
Prior to the commencement of any questioning, the officer
should be advised of Athe following:
"You are being questioned as part of an official
.
investigation of this agency into potential violations
of department rules and regulations. You will be asked
questions specifically directed and narrowly related to
the performance of your official duties and your
fitness for office. You are entitled to all the rights
and privileges guaranteed by the laws and Constitutions
of this State and the United States, including the
right not to be compelled to incriminate yourself in a
criminal matter. If you fail to exercise this right,
anything you say may be used against you in a criminal
proceeding. The right to refuse to answer a question
on the grounds of your right against self-incrimination
does not include the right to refuse to answer on the
grounds that your answer may reveal a violation of a
-department policy, rule, or regulation that is not a
criminal offense. You may therefore be subject to
departmental discipline for refusal to give an answer
that would not implicate you in a criminal offense.
Anything that you say may be used against you not only
in any subsequent department charges, but also in any
subsequent criminal proceeding."
This information should be contained in a form which the
subject officer signs and which signature is witnessed. See the
26

sample form in Appendix F •.
The employee should be informed of the name and rank of the
interviewing investigator and all others present during the
interview. The interview can then begin. The questioning must
be conducted in an orderly, non-coercive manner, without threat
of punitive action or promise of reward. The questioning session
must be of reasonable duration, taking into consideration the
complexity and gravity of the subject matter of the
investigation. The officer must be allowed time for meal breaks
and to attend to personal physical necessities.
The department may make an audio or video recording of the
interview. A transcript or copy of the recording should be made
available to the officer as soon as possible upon request, at his
expense.
Any questions asked of officers during an internal
investigation must be '.'narrowly and directly" related to the
performance of their duties and the ongoing investigation.
Gardner v Broderick, 393 U.S. 273 (1968). Officers do not have
the right to refuse to answer questions directly and narrowly
related to the performance of their duties. All answers must be
fully and truthfully given. However, officers may not be forced
to answer questions having little to do with their performance as
police officers or unrelated to the investigation.
Unless the officer specifically waives his Fifth Amendment
rights, any incriminating statements obtained under direct order
will not be admissible in a criminal prosecution, however, they
will be admissible in an administrative hearing.
If during the course of an internal investigative interview
an officer refuses to answer any questions specifically directed
and narrowly related to the performance of duty and fitness for
office on the grounds that he may incriminate himself, and if the
department deems that in order to properly conduct its
investigation it must have the answers to those specific
questions, the department should then contact the county
prosecutor to initiate procedures to obtain use immunity from the
Attorney General for the answers to the questions. Upon
obtaining a written grant of immunity, the department should
advise the subject officer of the following:
"You are being questioned as part of an official
investigation of this agency into potential violations
of department rules and regulations. You will be asked
questions specifically directed and narrowly related to
the performance of your official duties and your
fitness for office. You are entitled to all the rights
and privileges guaranteed by the laws and Constitutions
of this State and the United States, including the
27

right not to be compelled to incriminate yourself in a
criminal matter. Despite your duty to testify and to
answer questions relating to the performance of your
official duties or fitness for office, you have a right
to refuse to answer any question which would
incriminate you in a criminal matter. You have invoked
your right to remain silent and you have been granted
immunity from criminal prosecution in the event your
answers to the narrow questions asked implicate you in
a criminal offense. You are now ordered to answer.
Therefore, you must answer. No answer given by you
pursuant to this order, nor evidence derived from the
answer, may be used against you in any criminal
proce_eding. If you refuse to obey this order to
answer, you may be subject to disciplinary charges for
that refusal which can result in your dismissal from
this agency. Further, although any statement which you
make cannot be used against you in any criminal
proceedipg, any statement you make may be used against
you in relation to any subsequent departmental
disciplinary proceeding."
This information can be contained in a form which the
subject officer signs and which signature is witnessed. See the
sample form in Appendix G.
The department may permit officers who have been informed
that they are a subject of an internal investigation to consult
with counsel or anyone else prior to being questioned about
matters concerning their continuing fitness for police service or
matters concerning a serious violation of rules and regulations.
Such. counsel must be sought within a reasonable period of time,
without causing the investigation to be unduly delayed.
No constitutional right to counsel exists during an internal
administrative interview; therefore, in the absence of contract
provisions or personnel rules providing otherwise, an officer has
no right to have counsel present unless a criminal prosecution is
contemplated. However, if it appears that the presence of
counsel or another police officer requested by the subject will
not disrupt the investigation, there is little reason to prevent
th~ir presence as observers.
If the investigation involves
criminal allegations, it may be inappropriate to allow a union
representative to be present. In any case, the representative
cannot interfere with the interview.
If the representative is disruptive or interferes, the
investigator can discontinue the interview, documenting the
reasons the interview was ended. The investigator must be in
control of the interview and cannot allow the representative or
subject to take control. It should be made clear that by
allowing a representative during a specific interview, the
28

department is not adopting a general policy to permit counsel
during other internal investigation interviews. This
clarification must be made because if a subject officer is denied
the opportunity to have a representative present, this decision
may be deemed arbitrary and unfair.
At the conclusion of the interview, the investigator should
review with the subject officer all the information furnished
during the interview. This should be done to alleviate any
misun~erstandings or misinterpretations and to prevent any
controversies during a later hearing or trial.
The Officer as a Subject of a Criminal Investigation
Throughout any internal investigation, it is necessary to
determine whether the allegations and evidence warrant criminal
prosecution of the officer. If it appears that a criminal charge
may be warranted, the county prosecutor must be notified
immediately. Pursuant to his instructions, the investigation may
then proceed. The investigation must adhere to all of the
restrictions of a normal criminal investigation. The Miranda
warning must be given and a waiver signed prior to any
questioning of the accused officer. Search and seizure
restrictions and constitutional safeguards must be applied.
The Internal Affairs Report and Conclusion of Fact
At the conclusion of the internal affairs investigation, the
investigator will submit a written summary report which should
consider all relevant documents, evidence, and testimony in order
to determine exactly what happened. A complete account of the
situation and any gaps or conflicts in evidence or testimony must
be noted. The following should be included in the report:

-~--

1.

Statement of allegations made by the complainant.

2.

Statement of the situation as described by the officer
involved.

3.

Description of the facts and issues to which the
complainant' and police officer agree.

4.

Description of the issues and allegations to which the
complainant and police officer disagree.

5.

Evidence which supports or refutes any facts, issues or
allegations made.

6.

Reference to any pertinent attachments and a synopsis
of the attachments.
29

7.

Summarized statements and interviews of witnesses
arranged sequentially in terms of time and
significance.

a.

List of the evidence obtained, its relevance, and its
relationship to statements and interviews.

9.

Background information on persons named in the report
in order to demonstrate their character and credibility
(e.g., S.B.I. or F.B.I. records, intelligence
information, etc.)

The report must contain a "conclusion of fact" for each
allegation of misconduct. The conclusion of fact should be
recorded as exonerated, substantiated, not sustained, or
unfounded.
If the conduct of any officer was found to be improper, the
report shall cite the agency rule, regulation, or order which was
violated. Also, any mitigating circumstances surrounding the
situation, such as unclear or poorly drafted agency policy,
inadequate training or lack of proper supervision, should be
noted.
If the investigation reveals evidence of misconduct not
based on the original complaint, this must be reported. A fullscale investigation concerning evidence of misconduct not based
on the original complaint should not be instituted until
disposition of the original complaint.
Investigation of Firearms Discharges

lfh~nev~r a<firea:t'Dl~fdis~harge result~ i.ll··an. inJUry>t,r·d~ath • .

the county prosecutor is.to be notified immediately.
)
Internal affairs personnel will proceed in the investigation/
/il,S directed by the prosecutor .• <

All incidents involving officer firearms discharges, whether
occurring on or off d~ty (except at the firearms range), should
be thoroughly investigated. The Internal Affairs investigator
should review all administrative reports required by the
department. These reports should include a description of the
incident; the date, time, and location of the incident; the type
of firearm used and number of rounds fired; the identity of the
officer; and any other information requested by a superior
officer.
Agencies that have established a "Shoot Team" to
30

investigate officer firearms discharge incidents should place
those teams under the supervision and control of the Internal
Affairs commander when they are engaged in weapons discharge
investigations.
In the event of an injury or death, the Internal Affairs
Unit should be notified immediately. The involved officer's
superior should assist the Internal Affairs investigator as
needed.
The prima~ goal of the internal affairs firearms discharge
investigation is to determine the reasonableness of the officer's
actions· under the circumstances which existed at the time of the
incident. In order to make such a determination, the
investigator must consider relevant law, Attorney General's
policies and guidelines, and department rules and regulations,
and policy. In ·addition to determining if the officer's actions
were consistent with the department regulations and policy, the
Internal Affairs investigator should also examine the relevance
and ~ufficiency of these policies. The investigator should also
consider any relevant mitigating or inculpatory circumstances.
The investigation of a shooting by police should include
photographs and ballistics tests as well as interviews with all
witnesses, complainants, and the officer involved. All firearms
should be treated as evidence according to departmental rules,
regulations, and policies. A complete description of the weapon,
its make, model, caliber, and serial number must be obtained and,
if appropriate, N.C.I.C. and S.C.I.C. record checks should be
made.
4

In a firearms discharge investigation, the investigator must
determine if the weapon was an approved weapon issued to the
officer, and if the officer was authorized to possess the weapon
at the time of the discharge. The investigator must also·
determine if the weapon was loaded with authorized ammunition.
The weapon must be examined for its general operating condition
and to identify any unauthorized alterations made to it.

31

MODEL
Appendix A•
MODEL INTERNAL AFFAIRS POLICY AND PROCEDURES
CIVILIAN COMPLAINTS, DISCIPLINARY PROCEDURES AND INTERNAL AFFAIRS
INVESTIGATIONS

)

ANYTOWN POLICE .DEPARTMENT

__.......,_....._ _ _ _ _ _ __......_..;..·-····-·._..;..._..;.._.....--1
11

VOLUME:
STANDARD OPERATIONS PROCEDURES

11-------------------4

..

EFFECTIVE
DATE:

··.

-.· ._._ .. _._- __ .

•REVISION>> PAGE L
DATE:

SECT.ION · .APPROVED··

i 1.

4/1/91
I PAGES:

1-----+----+------1r------t CHAPTEF

STANDARD(St:
INTERNAL AFFAIRS

SIX

I 6

11-------------~-----1

SUBJECT:

VOLUME

REFERENCES:
NJSA 40A:l4-118,
NJSA 40A:l4-147 1-----+----+------1r------t DIST.

2

INTERNAL AFFAIRS S.O.P.
ISSUING AUTHORITY/CHIEF OF POLICE:
Chief John Anyone

ATTORNEY GENERAL PROSECUTOR'S OFFICE REFERENCE:
RULES & REGULATI6NS Dated 1/10/1990, DCJ POLICE MANAGEMENT MANUALCHAPTER FIVE

I.

1-----+-----+------ir------t

PURPOSE

This agency is committed to providing law enforcement
services that are fair, effective, and impartially applied.
Toward that end, officers are held .to the highest standards of
official conduct and are expected to respect the rights of all
citizens. Officers' adherence to these standards, motivated by a
moral and professional obligation to perform their job to the
best·of their ability, is the ultimate objective of this agency.
The effectiveness of a law enforcement agency is dependent
upon public approval and acceptance of police authority. The
department must be responsive to the community by providing
formal procedures for the processing of complaints from the
public regarding individual officer performance.
The purpose of this policy is to improve the quality of
32

EVAL
DATE:

MODEL
police services. Citizen confidence in the integrity of the
police department increases through the establishment of
meaningful and effective complaint procedures. This confidence
engenders community support for the police department. Improving
the relationship between the police and the citizens they serve
facilitates cooperation vital to the department's ability to
achieve its goals. An effective disciplinary framework also
permits police officials to monitor officers' compliance with
department policies and procedures. Adherence to established
policies and procedures assists officers in meeting department
objectives while a monitoring system permits managers to identify
problem areas requiring increased training or direction.
Finally, this policy will ensure fairness and due process
protection to citizens,and officers alike. Heightening officer
awareness of the rights afforded them when charged with
misconduct will increase their appreciation of comparable rights
afforded citizens accused of a crime.
The discipline process shall be used to identify and correct
unclear or inappropriate agency procedures. In addition it will
highlight organizational conditions that may contribute to any
misconduct, such as poor recruitment and selection procedures or
inadequate training and supervision of officers.
II.

POLICY

"It is the policy of this agency to accept and investigate
all complaints of alleged officer misconduct or wrongdoing from
any citizen or agency employee. Following a thorough and
impartial examination of the available factual information, the
officer shall be either exonerated or held responsible for the
alleged misconduct. Discipline shall be administered according
to the degr~e of misconduct.
·
It is the policy of this department that officers and
employees, regardless of rank, shall be subject to disciplinary
action for violating their oath and trust. Committing an offense
punishable under the laws of the United States, the State of New
Jersey, or municipal ordinances constitutes a violation of that
oath and trust. Officers are also subject to disciplinary action
for failure, either willfully or through negligence or
incompetence, to perform the duties of their rank or assignment.
In addition, officers may be disciplined for violation of any
rule and regulation of the department or for failure to obey any
lawful instruction, order, or command of a superior officer or
supervisor. Disciplinary action in all matters will be
33

MODEL
determined based upon the merits of each case.
It is the policy of this agency that prevention is the
primary means of reducing and controlling misconduct. To that
end, it is the policy of this agency to discover and correct
organizational conditions which permit the misconduct to occur.
Special emphasis is placed on recruitment, selection and training
of officers and supervisors, community outreach, and the analysis
of misconduct complaints and their outcome.
It is the policy of this agency that each officer shall be
provided ready access to an official, agency-written manual which
contains specific directions for conducting all aspects of police
work. Categories of misconduct shall be clearly described and
defined, and the disciplinary process shall be thoroughly
. explained in the manual.
III. PROCEDURES
A.

INTERNAL AFFAIRS UNIT
1.

The.Internal Affairs Unit (or responsibility) is
herein established (or defined). The unit shall
consist of those members of the.department as
shall be assigned the Internal Affairs function by
the police executive. Personnel assigned to the
Internal Affairs function shall serve at the
pleasure of and be directly responsible to the
police executive or designated Internal Affairs
commander.
a.

2.

The goal of Internal Affairs is to insure
that the integrity of the department.is
maintained through a system of internal
discipline where fairness and justice are
assured by objective, impartial investigation
and review.

Duties and responsibilities
a.

The Internal Affairs Unit is responsible for
the investigation and review of all
allegations of misconduct by members of this
department.
(1)

Misconduct is defined as:
34

MODEL

part-time.y ;n any .•vent/ th.is./function. necessit.a.tes <
>e.ither the . establishment of i:l yfull-.time unit or• officer., or )•
ythe. clear. definition .• ofi>respon1;~blli~Y. for ·carrying ()Ut the < >·.·.·
<internal•·· affairs function·.···
· on<an.as needed .basis.< .. / .. ···.·
.
/:full/o.~

._::::-::::::::><::::.:.::>:::;:::;::::::::<:: :-: :- - . .

.

.

·····

(a)
(b)
(c)

.

·----

.·.·-

··.:·:-.·:: ..

-

.·..

.

.. .....
_

--·· .

Commission of a crime or an
offense; or,
Violation of departmental rules and
regulations; or,
Conduct which adversely reflects
upon the officer or the department.

b.

In addition to investigations concerning
allegations of misconduct, Internal Affairs
shall be responsible for the coordination of
investigations involving the discharge of
firearms by department personnel.

c.

Internal Affairs shall be responsible for any
other investigation as directed by the police
executive.

d.

Internal Affairs officers may conduct an
internal affairs investigation on their own
initiative upon notice to, or at the
direction of the police executive or Internal
Affairs commander.

e.

Internal Affairs may refer investigations to
the employee's supervisor for action as
outlined under §III.C of this policy.

f.

I~ternal Affairs members or officers
temporarily assigned to that function, shall
have the authority to interview any member of
the department and to review any record or
report of the department relative to their
assignment. Requests from Internal Affairs
personnel, in furtherance of their duties and
responsibilities, shall be given full
cooperation and compliance as though the
requests came directly from the police
executive. Members assigned to the Internal

35

MODEL
Affairs Unit or function come under the
direct authority of the police executive,
reporting directly to the police executive
through the Internal Affair's chain of
· command.
g.

The Internal Affairs Unit or an officer
designated by the chief executive shall
maintain a comprehensive central file on all
complaints received by this department
whether investigated by Internal Affairs or
assigned to the officer's supervisors for
investigation and disposition.

h.

The Internal Affairs Unit shall prepare
periodic reports that summarize the nature
and disposition of all misconduct complaints
received by the agency for submission to the
police executive officer.

i.

Copies of the internal affairs report should
be distributed to all command and supervisory
personnel. Recommendations shall be made for
corrective actions for any developing
patterns of abuse.

j.

An annual report summarizing the types of

complaints received and the dispositions of
the complaints should be made available to
members of the public. The names of
complainants and accused officers shall not
be published in this report • .
B.

ACCEPTING REPORTS ALLEGING.OFFICER MISCONDUCT

l.

All department personnel are directed to accept
36

MODEL
reports of officer misconduct from all persons who
wish to file a complaint regardless of the hour or
day of the week. Citizens are to be encouraged to
submit their complaints in person as soon after
the incident as possible. If the complainant
cannot file the report in person, a department
representative (except in very minor complaints)
shall visit the individual at his or her home,
place of business or at another location in order
to complete the report.

lP

2.

Complainants shall be referred to the Internal
Affairs Unit is an officer is immediately
available.

3.

If an Internal Affairs officer is not immediately
available, all supervisory personnel are directed
to accept the report of officer misconduct.

4.

If an Internal Affairs officer and a supervisor
are not available, any police officer shall accept
the complaint.

5.

The officer receiving the complaint will:

6.

a.

Explain the department's disciplinary
procedures to the person making the
complaint. Advise the complainant that they
will be kept informed of the status of the
complaint and its ultimate disposition.

b.

Complete the Internal Affairs Complaint Form
and have the complainant sign the-completed
form.

All department personnel are directed to accept
reports of officer misconduct from anonymous
sources. If the anonymous complainant is talking
to an officer, the officer should encourage him to
submit his complaint in person. In any case, the
complaint will be accepted.
a.

In the case of an anonymous complaint, the
officer accepting the complaint shall
complete as much of the Internal Affairs
Complaint Form as he can with the information
provided.
37

MODEL
7.

Complaints shall be handled as follows:
a.

Complaints of differential treatment,
demeanor and minor rule infractions shall be
forwarded to the supervisor or commander of
the accused officer.

b.

All other complaints shall be retained by or
forwarded to the Internal Affairs Unit,
including complaints of:

(1)
(2)
( 3)
( 4)
(5)
( 6)

.

( 7)

(8)

c.

criminal activity;
excessive force;
improper or unjust arrest;
improper or excessive entry;
improper or unjustified search;
serious complaints of differential
treatment or demeanor;
·
serious rule infractions;
repeated minor rule infractions

INVESTIGATION AND ADJUDICATION OF MINOR COMPLAINTS
1.

Complaints of differential treatment, demeanor and
all minor rule infractions shall be forwarded to
the accused officer's commanding officer. The
commanding officer shall require the officer's
supervisor, if other than the receiving
supervisor, to investigate the allegation of
misconduct.

2.

The supervisor investigating the complaint shall
interview the complainant, all witnesses and the
accused officer, as well as review relevant
reports, activity sheets, or dispatcher forms. The
supervisor shall then submit a report to the
commanding officer summarizing the matter,
indicating the appropriate disposition. Possible
dispositions include the following:
a.

Exonerated:
(1) The alleged incident did occur, but the
actions of the officer were justified,
legal and proper; or,
(2) the officer's behavior· was consistent
with agency policy, but there was a
policy failure. ·
38

MODEL

3.

b.

Substantiated: The investigation disclosed
sufficient evidence to clearly prove the
allegation.

c.

Not Sustained: The investigation failed to
disclose sufficient .evidence to clearly prove
or disprove the allegation.

d.

Unfounded: .The investigation indicated that
the acts complained of did not occur.

If the complaint is sustained, the commanding
officer shall determine the appropriate
disciplinary action. If the action is no more
than a written reprimand, a summary of the
complaint and notification of the disciplinary
action taken shall be forwarded to Internal
Affairs. If, however, the commander determines
that the matter is of a serious nature it should
be forwarded to Internal Affairs for further
investigation.
·:.-

·:-.

---.

--.

i>ln )some pol.ice departD1ents, the . commanding ~ffi~eJ:., up~n />
\completion of <th;s ···review may. forward. tbEl ~P()2='~ to the >.·. ·
\Police executive. < · ·. · ·· 1 ···
··· · · · · ······ · ··· ···· ·· ·.·.·.·.·

4.

If the accused officer's supervisor determines
that the complaint is unfounded or not sustained
and the commanding officer concurs, the
investigation report is to be forwarded to
Internal Affairs for review, and entry in the
central log and filing.

5.

Upon final disposition of the complaint, a letter
shall be sent to the complainant by the commanding
officer explaining the outcome of the
investigation, and the reasons for the outcome
decision.

6.

Initiation
complaints
a.

~f

disciplinary action for minor

Oral reprimands or performance notices
39

MODEL

b.

( 1)

When an oral reprimand or performance
notice is given, the officer or employee
shall he advised that the supervisor or
superior officer is giving an oral
reprimand and that the oral reprimand
report (a necessary record for
progressive. discipline) or performance
notice will be completed and forwarded
to the division commander.

(2 )

The supervisor or superior officer
giving the reprimand shall complete an
oral reprimand report or performance
notice in triplicate, retaining one copy
and forwarding the original to the
division commander for review. The third
copy shall be given to the officer or
employee being disciplined.

( 3)

The commanding officer shall review the
report and, in writing, either approve
or disapprove the report and the action
taken. If disapproved, the commander
shall provide recommendations as to what
action, if any, be taken by the
supervisor.

( 4)

Upon approving the oral reprimand or
performance notice, the commanding
officer will forward the report to be
placed in the officer's or employee's
personnel file.

(5)

Six months after the date of the
approved oral reprimand or performance
notice, the disciplinary report shall be
removed from the file and destroyed,
provided no other breach of discipline
has occurred.

Written reprimands
(1)

When a written reprimand is given, the
supervisor or commanding officer giving
such reprimand shall advise the subject
officer of such and shall complete a
written reprimand report in triplicate.
40

MODEL

D.

(2)

One copy of the written reprimand report
is to be provided to or retained by the
officer's supervisor and one copy of the
report is to be provided to the officer
or employee being disciplined. The
original report, together with any
supporting documentation, shall be
provided to the commanding officer for
review.

( 3)

The commanding officer shall review the
report and, in writing, either approve
or disapprove the report. If
disapproved, the commanding officer
shall direct what action, if any, be
taken.
·

( 4)

Upon final approval, the report shall be
forwarded to the Internal Affairs Unit
and permanently placed in the officer's
or employee's personnel file.

INVESTIGATION AND ADJUDICATION OF SERIOUS COMPLAINTS
1.

All serious complaints shall be·forwarded to the
Internal Affairs Unit, including complaints of:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)

2.

criminal- activity;
excessive force;
improper or unjust arrest;
improper or excessive entry;
improper or unjustified search;
serious complaints of differential
treatment or demeanor;
serious rule infractions;
repeated minor rule infractions

The sup'ervisor or commanding officer initiating
such action shall complete a "Recommendation for
Internal Affairs Investigation Form." Upon
completion, the form, together with any supporting
documentation, shall be forwarded through the
chain of command to Internal Affairs. (Where
there is no full-time Internal Affairs Unit or
function the report is forwarded to the police
executive. )
41

MODEL
3.

The Internal Affairs commander or police executive
shall direct such further investigation by the
original investigating supervisor, commanding
officer or Internal Affairs as deemed appropriate.

4.

In cases not involving allegations of criminal
conduct, the accused officer shall be notified of
the complaint once preliminary investigative data
has been gathered. Internal Affairs shall serve
the suspect officer with the Internal Affairs
Investigation Officer Notification Form unless the
nature of the investigation requires secrecy.

5.

The Internal Affairs investigator shall interview
the complainant, all witnesses and the accused
officer, as well as review relevant reports,
activity sheets, and dispatcher forms and obtain
necessary information and materials, such as:
a.
b.
c.

d.

Physical evidence.
Statements or interviews from all witnesses.
Statements or interviews from all parties of
specialized interest, such as doctors,
employers, lawyers, teachers, legal advisors,
parents, etc.
Investigative aids, such as the various
reports, activity sheets, complaint cards,
and dispatcher's forms.

6.

Where preliminary investigative data indicates the
possibility of a criminal act on the part of the
accused officer, the county prosecutor shall be
notified immediately. No further action shall.be
taken, including the filing of charges against the
officer, until directed by the county prosecutor.

7.

Interviewing the subject officer
a.

The Internal Affairs investigator shall
schedule an interview with the officer.

b.

One person of the officer's choosing may
attend the interview session.
(1)

In investigations of criminal
allegations, it may be inappropriate for
a union representative to be present.
42

MODEL
c.

Before questioning begins, inform the subject
officer of:
(1)
(2)

8.

The nature of the complaint,
The name of the person in charge of the
investigation, and the names of all
persons who will be present during
questioning.

d.

Questioning sessions may be audio or video
recorded.

e.

If at any time during the questioning session
the officer becomes a suspect in a criminal
act, the officer shall be so informed and the
questioning shall end. Promptly refer the
case to the county prosecutor.

Upon completion of all possible avenues of inquiry
the Internal Affairs investigator shall submit a
report to the Internal Affairs commanding officer
summarizing the matter indicating the appropriate
disposition. Possible dispositions, as defined in
§III.C.2 of this policy, include the foll·owing:
a.
b.
c.
d.

Exonerated,
Substantiated,
Not sustained, or
Unfounded.

9.

Complete the IAU Investigation Disposition
Recommendations Form. Forward the completed form
through each level of the Internal Affairs chain
of command for review. Each level may provide
written recommendations and comment for
consideration by the police executive.

10.

Internal Affairs or the police executive, upon
completion of the review of the report, supporting
documentation and information gathered during any
supplemental investigation, shall direct whatever
action is deemed appropriate.

11.

Upon completion of its investigation with a
finding of exonerated, not sustained, or
unfounded, Internal Affairs shall notify the
subject officer of the investigation (if not
43

MODEL
previously notified) and of the recommended
disposition.
12.

If.the complaint is substantiated and it is
determined that formal charges should be
pref erred, the police executive shall direct
either the commanding officer, supervisor or
Internal Affairs to prepare, sign, and serve
charges· upon the acc·used officer or employee.

13.

The division commander, supervisor or Internal
Affairs, as directed, shall prepare the formal
notice of charges and hearing on the Charging
Form. (See sample Charging Form in Appendix E.)
Such notice shall be prepared and served upon the
officer charged in accordance with N.J.S.A.
40A:l4-147 et~

•••••••Aget.nci~·s
·•••b~~r~til1g····•••under·······th·e····•••!>llri1;w-••····o·f ····~if.J.e•••••••1•1~••••••1n\1s·~·······~011\~11'•••············
<with Ne'W .Jersey De}lartmen.t of. Personnel Rules) (N ..
4AJ1..,. ?
J~A~C>

· · · 1.1 et seq.) and use the "Preliminary Notice of Disciplinary
<Action" ·form····(DPF-31A,>revised 3-87) ,/alld. t.he 1'Final Notice . <
/of
Disciplinary
\appendix..
· Actionlfiiform
.· .··.··..·.·. · .· ·.. ·.·.·.· · ..·..... ··.....(DPF-~lB
·.·.· .· ..··...·.·.·.·.· ·.·.· ....· ...;-eyised.>~
·.·.·.· .·.·..·.·....· ··.··.···.·..··......·.87.)
·..· ·.·.·· .<<Se~/.
.·.·····.·..·..·.·.··.···.

14.

The notice of charges and hearing shall.direct ·
that the officer charged must enter a plea of
guilty or not guilty, in writing, on or before the
date set forth in the notice for entry of plea.
Such date for entry of plea shall be set within a
reasonable time, at least five days after the date
of service of the charges. ·

15.

If the officer charged enters a plea of guilty,
the police executive officer shall permit the
officer to present factors in mitigation prior to
assessing a penalty.

16.

Conclusions of fact and the penalty imposed will
be noted in the officer's personnel file after he
has been given an opportunity to read and sign it.
Internal Affairs will cause the penalty to be
carried out and complete all required forms.
44

MODEL
E.

BEARING
1.

Upon written notice of a request for a hearing
from the accused officer the police executive will
set the date for the hearing within a reasonable
time and arrange for the hearing of the charges.

2.

Internal Affairs shall be responsible for or
assist the assigned commander or prosecutor in the
preparation of the department's prosecution of the
charges. This includes proper notification of all
witnesses and preparing all documentary and
physical evidence for presentation at the hearing.

3.

The hearing shall be held before the appropriate
authority or the appropriate authority's designee.

4.

The bearing authority should be empowered to
sustain, modify in whole or in part, or dismiss
the charges stated in the complaint. The decision
of the hearing authority should be in writing and
should be accompanied by findings of fact for each
issue in the case.

5.

The hearing authority should fix any of the
following punishments which it deems appropriate
under the circumstances.
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.

Counseling
Oral reprimand or performance notice
Letter of reprimand
Loss of vacation time
Imposition of extra duty
Monetary fine ·
Transfer/reassignment
Suspension without pay
Loss of promotion opportunity
Demotion
Discharge from employment.

6.

A copy of the decision or order and accompanying
findings and conclusions should be delivered to
the officer.or employee who was the subject of the
hearing and to the police executive if he was not
the hearing authority.

7.

Upon completion of the hearing Internal Affairs
45

MODEL
will complete all required forms including the
entry of the disposition in the central log.
8.

If the charges were sustained Internal Affairs
will cause the penalty to be carried out. The
report shall be permanently placed in the
officer's or employee's personnel file.

• • • • • • t•£•···•••£h::• • ~~~hd~•• ~~·~········~~£~i>i·!it~ti·· :· ~· • :~r•1;•t;11>· 1111~·· · ii~~f~~···•••co~itte~·• •· ~ · · ·• · · •
\ notice .of · ~be pending disciplinary /action would <be isubmitted ·,

IS~~;f~~gm!~i~~;iii:i;~;~~iii~i~~~~;f~~Fti~:;! ,
F.

CONFIDENTIALITY
1.

The progress of internal affairs investigations
and all supporting materials are considered
confidential information.

2.

Upon completing a case, Internal Affairs will
enter the disposition in the central log.

3.

The contents of internal investigation case files
will be retained in the Internal Affairs Unit.
The files shall be clearly marked as confidential.

4.

Only the police executive or his designee is.
empowered to release publicly the details of an
internal investigation or disciplinary action.

5.

All disciplinary hearings shall be closed to the
public unless the defendant officer requests an
open hearing.

·----. .

46

Appendix B.
INTERNAL AFFAIRS COMPLAINT FORM

-----

.

/

.

.

ii-ORI NO. •••

i

//

f 1NT£RNAl AFfAlRS

CASE. tlO.

···// .

<

COMPLAINANT
ALIAS

NAME
ADDRESS
CITY
DOB

I

SStl

STATE

ZIP

PHONE

AGE

SEX

RACE

EMPLOYER/SCHOOL

HISPANIC (CIRCLE)
NO
YES

PHONE

ADDRESS

CITY

STATE

I

ZIP

INCIDENT
NATURE OF COMPLAINT
COMPLAINT AGAINST (NAME(s))

DATE

BADGE NO(s)

I

DATE/TIME REPORTED

TIME

OFFENSE/INCIDENT LOCATION

HOW REPORTED

I

DIST/AREA

BEAT

DESCRIPTION OF OFFENSE/INCIDENT

DESCRIPTION OF ANY INJURIES
PLACE OF TREATMENT

I

DOCTOR. s NAME

DATE OF TREATMENT

SIGNATURE OF COMPLAINANT

'

DATE

IiTERNAL AFFAIRS USE ONLY
COMPLAINT RECEIVED BY

BADGE NO.

DATE/TIME RECEIVED

RECEIVED BY INTERNAL AFFAIRS BY

BADGE NO.

DATE/TIME RECEIVED
(DCJ 6/9l

47

Appendix C.
INTERNAL AFFAIRS INVESTIGATION DISPOSITION RECOMMENDATIONS
FILE IA-___________

Date=~---------------

Recommended Disposition:
Unfounded
Not Sustained
Exonerated, Proper Conduct & Policy
Exonerated, Proper Conduct, Policy Failure
Sub.stantiated

-

Penalty Recommended:~--------------------~-------------------

ALL REVIEWERS MUST SIGN AND ENTER DATE
1.

Forwarded To:
-----------------Comments:
------

.Reviewed By:
Date:

2.

--------~

-------------------------------~

Reviewed By:
Date:

Comments:

Forwarded To:

Reviewed By:
Date:

Comments:.

'.._-

3.

Forwarded To:

CHIEF EXECUTIVE OFFICER, FINAL DISPOSITION: ______________________
Date:

---------

COMMENTS: _________________________________

I

48

Appendix D.
MODEL PERFORMANCE NOTICE

HOMETOWN POLICE DEPARTMENT

You are herein advised that on this

D

You Are:

D

Commended

, 19__

Reprimanded

For

Issued By:

Received By:

Signature

Signature
Officer's Copy

NOTE: This form is usually a three-part form. The original is

filed in the officer's personnel file. Commendations remain in
the file for the duration of the officer's service. Reprimands
are removed from the file after six months if no further
infractions have occurred.

49

Appendix E.
SAMPLE CHARGING FORM
NOTICE OF CHARGE AND HEARING
TO:~~~~~~--,,~--:'.""~~..--~~~~-

iName & Rank of Officer)

TAKE NOTICE that the following charge(s) is (are) preferred
against you:

in violation of
(Statute, Rule and

Regulation, Etc.)

, 19_ , you

in violation of
(Statute, Rule and

Regulation, Etc.)

You must enter a plea of guilty or not guilty, in writing, on or
before
, 19_. You may request a hearing.
If a hearing is requested it shall be held on
(Date)
at
iTime)
in
{Location)

I hereby acknowledge service of the within charge(s) this
day of
, 19

SERVICE of the within charge(s) were made this
- - - - - ' 19

50

day of

Appendix F.
SAMPLE INTERVIEW ADVISEMENT FORM
HOMETOWN POLICE DEPARTMENT
INTERNAL AFFAIRS
PRE-INTERVIEW ADVISEMENT
STATEMENT:
You are being questioned as part of an official
investigation of this agency into potential violations of
department rules and regulations. You will be asked questions
specifically directed and narrowly related to the performance of
your official duties and your fitness for office. You are
entitled to all the rights and privileges guaranteed by the laws
and Constitutions of this State and the United States, including
the right not to be compelled to incriminate yourself in a
criminal matter. If you fail to exercise this right, anything you
say may be used against you in a criminal proceeding. The right
to refuse to answer a question on the grounds of your right
against self-incrimination does not include the right to refuse
to answer on the grounds that your answer may reveal a violation
of a department policy, rule, or regulation that is not a
criminal offense. You may therefore be subject to departmental
discipline for refusal to give an answer that would not implicate
you in a criminal offense. Anything that you say may be used
against you not only in any subsequent department charges, but
also in any subsequent criminal proceeding.
I have read and understand the contents of the above
statement on this
day of
, 19~~
Signature=~~~~~~~~~~~~~~~~~-

Time:

OTHER PRESENT:

51

Appendix G.
SAMPLE USE IMMUNITY GRANT ADVISEMENT FORM
INTERNAL AFFAIRS
INTERVIEW USE IMMUNITY GRANT ADVISEMENT
STATEMENT:
You are being questioned as part of an official
investigation of this agency into potential violations of
department rules and regulations. Yo~ will be asked questions
specifically directed and narrowly related to the performance of
your official duties and your fitness for office. You are
entitled to all the rights and privileges guaranteed by the laws
and Constitutions of this State and the United States, including
the right not to be compelled to ·incriminate yourself in a
criminal matter. Despite your duty to testify and to answer
questions rel~ting to the performance of your official duties or
fitness for office, you have a right to refuse to answer any
question which would incriminate you in a criminal matter. You
have invoked your right to remain silent and you have been
granted immunity from criminal prosecution in the event your
answers to the narrow questions asked implicate you in a criminal
offense. You are now ordered to answer. Therefore, you must
answer. No answer given by you pursuant to this order, nor
evidence derived from the answer, may be used against you in any
criminal proceeding.. If you refuse to obey this order to answer,
you may be subject to disciplinary charges for that refusal which
can result in your dismissal from this agency. Further, although
any statement which you make cannot be used against you in any
criminal proceeding, any statement you make may be used against
you in relation to any subsequent departmental disciplinary
proceeding.
I have read and understand the contents of the above
statement on this
day of
, 19~~

Time:
OTHER PRESENT:

52

Appendix H.

SAMPLE RESPONSE LETTER:

COMPLAINT ACKNOWLEDGEMENT

Dear
This will acknowledge receipt of the complaint made by you
on
, 19~~' concerning the actions of a
member(s) of this department occurring on

~~~~~~~~~~~-

An investigation will be conducted into the allegations
contained in your complaint and you will be advised of the
results of the investigation within approximately four weeks. In
the meantime, should a question arise, you can contact this
office by calling 555-5555, Monday through Friday, between the
hours of 8:00 a.m. and 5:00 p.m.

Very truly yours,

Internal Affairs Unit
cc: Chief Executive Officer

•

53

Appendix I:
SAMPLE RESPONSE LETTER: COMPLAINT HOT SUBSTANTIATED

Dear
The Internal Affairs Unit of this department has completed
its investigation of your complaint concerning the conduct of
Officer
The investigation and a
review of the all information currently available to this off ice
indicates that the officer followed the appropriate department
policies and procedures and acted within performance guidelines.
If you have additional information which you believe should
be considered, please contact the Internal Affairs Unit at 5555555. If no additional information is received within ten days,
this case will be considered closed.
We expect our personnel to be always courteous and
professional in the performance of their duties. Even so,
misunderstandings can and do occur. We need and welcome citizen
comment on the performance of our personnel and the services we
provide. Those comments are helpful to our policy and procedures
evaluation process as well as in determining employee
performance.
Thank you for bringing this matter to our attention.
Very truly yours,

•

Chief of Police

54

Appendix J.

SAMPLE RESPONSE LETTER:

Dear

~~~~~~~~~~~~~~~

POLICY FAILURE

.

·The Internal Affairs Unit of this department has completed
its.investigation of your complaint concerning the conduct of
Officer
• The investigation and a
review of the.all information currently available to this office
verify the facts of your allegation. However, the officer
conducted himself in accordance to department policy and
procedures. It was determined that, in this instance, the policy
failed to achieve the-desired results. We are conducting a full
review of this policy and regret that it did not serve your needs
in this instance.
Thank you for having taken the time to bring this matter to
our attention.
Very truly yours,
Chief of Police

55

Appendix K.

SAMPLE RESPONSE LETTER:

COMPLAINT SUBSTANTIATED

Dear
The Internal Affairs Unit of this department has completed
its investigation of your complaint concerning the conduct of
Officer
.
• The investigation and a
review of the all information currently available to this off.ice
indicates that the officer did not follow the appropriate
department policies and procedures. Appropriate administrative
action will be taken as provided for in the rules and regulations
of this agency.
Thank you for bringing this matter to our attention. We
expect our personnel to be always courteous and professional in
the performance of their duties. We regret that an expectation
occurred in this case. Be assured that your complaint and the .
subsequent investigation will help us in delivering better police
services in the future.

Very truly yours,
Chief of Police

56

AE>pendix L.
STATUTES AND RULES RECOMMENDED FOR REVIEW
The following statutes and rules should be reviewed by
the chief executive officer and personnel assigned to the
Internal Affairs function.

--·

N.J.S.A. 40A:14-118

Creation of Police Force, Adopt
Rules and Regulations, Chief of
Police, Powers and Duties.

N.J.S.A, 40A:14-128

Term of Off ice

N.J.S.A. 40A:14-147

Suspension & Removal of Members
and.Officers

N.J.S.A. 40A:l4-150

Review of Disciplinary Hearing
(Non Department of Personnel
Jurisdictions)

N.J.S.A. 40A:14-151

Judicially Determined Illegal
Suspension

N.J.S.A. 40A:14-155

Defense of Members or Officers
in Legal Proceedings

N.J.S.A. 11A:2-1
et seq.

Department of Personnel,
especially Article 4. Appeals.

N.J.A.C. 4A: 1-1.1
et seq.

Personnel (Merit Board Adopted
Rules and Procedures) ,. especially
N.J.A.C. 4A:2-2.1 through 2.12,
Major Discipline.

57

Appendix M.
MERIT SYSTEM BOARD TIME TABLE AND STEPS FOR DISCIPLINARY ACTION
(Formerly Civil Service Commission)
IMMEDIATE SUSPENSION WITHOUT PAY
TO IMPLEMENT:

STEP

TIME

A.

Before suspension

Determine whether one of the
conditions for immediate suspension
exits:
The employee is unfit for
duty;
The employee is a hazard to
2.
any person if permitted to
remain on the job; or
An immediate suspension is
3.
necessary to maintain safety,
health, order or effective
direction of public services;
4.
The employee has been formally
charged with a crime of the
first, second or third degree,
or a crime of the fourth
degree on the job or directly
related to the job.

B.

Before suspension

To comply with "Loudermill" hearing
requirements:
Advise the employee either orally
or in writing of why an immediate
suspension is sought and the .
charges and general evidence in
support of the charges.
Provide
the employee with sufficient
opportunity to review the charges
and the evidence and to respond
either orally or in writing (at the
discretion of the appointing
authority), before a representative
of the appointing authority.

c.

Within five days

Serve Preliminary Notice of
Disciplinary Action (DPF-31A)
following suspension.

58

D.

Within five days
following service of
DPF-31A, or longer
as specified in
contract.

Employee may request a departmental
hearing on charges specified in the
DPF-13A.

E.

Within 30 days
following service of
DPF-31A, unless
longer time agreed
to by parties.

Bold departmental hearing.

F.

Within 20 days
following
departmental
hearing.

Serve Final Notice of Disciplinary
Action (DPF-31B).

IMMEDIATE SUSPENSION WITH PAY
TO IMPLEMENT:

STEP

TIME
A.

Before suspension

Determine whether one of the
conditions for immediate suspension
has been met:
1.
2.
3.

4.

•

The employee is unfit for
duty; or
The employee is a hazard to
any person if permitted to
remain on the job; or
An immediate suspension is
necessary to maintain safety,
health, order or effective
direction of public services;
or
.
The employee has been formally
charged with a crime of the
first, second.or third degree,
or a crime of the fourth
degree on the job or directly
related to the job.

B.

Before suspension

Secure authorization of department
head for suspension with pay.

c.

Within five days
following suspension

Serve Preliminary Notice of
Disciplinary Action (DPF-31A).

·""'----·

59

D.

Within five days
following service of
DPF-31A, or longer
time as specified in
contract.

Employee may request a departmental
hearing.

E.

Within 30 days
following service of
DPF-31A, unless
longer time agreed
to by parties.

Bold departmental hearing.

F.

Within 20 days
f oliowing
departmental
hearing.

Serve Final Notice of Disciplinary
Action (DPF-31B).

~

Suspension can be imposed upon
service of DPF-31B.
(In lieu of suspension)

TO IMPLEMENT:
TIME

A.

B.

Before fine

Before fine

STEP
Determine whether one of the
conditions for a fine in lieu of
suspension has been met:
1.
Restitution; or
2.
Suspension of the employee
would be detrimental to the
public health, safety or
welfare; or
3. · Employee has agreed to a fine
as disciplinary option.
Serve Preliminary Notice of
Disciplinary Action (DPF-_31A)

C.

Within five days
following service of
DPF-31A, or longer
time as specified1 in
contract.

Employee may request a departmental
hearing.

D.

Within 30 days
following service
of DPF-31A, unless
longer time agreed
to by parties.

Hold departmental hearing.

60

'·----·

E.

Within 20 days
following
departmental
hearing.

Serve Final Notice of Disciplinary
Action (DPF-31B).
Fine can be imposed upon service of
DPF-31B.

SUSPENSION OF MORE THAN FIVE DAYS, DEMOTION OR REMOVAL
TO IMPLEMENT:
TIME

STEP

A.

Before major
disciplinary action.

Serve Preliminary Notice of
Disciplinary Action (DPF-31A).

B.

Within five days
following service of
DPF-31A, or longer
• time as specified in
contract.

c.

Within 30 days
following service of
DPF-31A, unless
longer time agreed
to by parties.

Hold departmental hearing.

D.

Within 20 days
following
departmental

Serve Final Notice of Disciplinary
Action (DPF-31B).

h~aring.

Major disciplinary action can be
imposed upon service of DPF-31B.

Employee may request a departmental
hearing.

61

Appendix N.

Preliminary Notice of Disciplinary Action
DEPARTMENT OF PERSONNEL· STATE OF NEW JERSEY
·,~·

INSTRUCTIONS: This notice must be served on a permanent employee or an employee serving a working test period in the classified service against whom
one of the following types of disciplinary action is contemplated: (a) !tuspension or fine of more than five days at one time; (b) suspensions or fines more than
three times or for an aggregate of more than fifteen days in one calendar year; (c) disciplinary demotion from a title in which the employee has permanent status
or to which the employee has received a regular appointment; (d) removal; (e) resignation not in good standing. A copy of this preliminary notice must be sent
to the Department of Personnel. Subsequent to the day of hearing by the appointing authority, the employee and the Department of Personnel must be served
with Form DPF-31 B, Final Notice of Disciplinary Action.

I

JURISDICTION (L.ccal Servoce)

FROM:

[>!VISION. INSTITUTION OR AGENCY

DEPARTMENT

STATE PAYROLL NUMBER

1.

DATE

I

NAME OF EMPLOYEE

TO:

I

ADDRESS

SOCIA!. SECURITY NUMBER

TITLE

CITY AND STATE

STREET

You are hereby notified that the following charge(s) has been made against you:
(II necessary, use addiuonal sheets and attach.)

SPECIFICATION($):

CHARGE(S):

0

D
2. D

D

If checked, charges are continued on attached page

If checked. specif1cat10ns are continued on

~ttached page

You are hereby suspended effective
(Check box and indicate if employee is suspended pending final disposition of the matter)
IF YOU DESiRE A DEPARTMENTAL HEARING ON THE ABOVE CHARGE(S), NOTIFY THIS OFFICE WITHIN
_ _ _ • DAYS OF RECEIPT OF THIS FORM. IF YOU REQUEST A DEPARTMENTAL HEARING IT WILL BE HELD
ON _ _ _ _ _ _ _ _ _ , 19 _ _ at ( t i m e ) - - - - - - - at (place of h e a r i n g ) - - - - - - - - - - - - - - - - - -

• Must be minimum of five days

3.

The following disciplinary action may be taken against you:

D

Suspension for ____ days, beginning

D

Removal, effective (date)

D
D
D

and e n d i n g - - - - - - - - - -

Demotion to position of - - - - - - - - - - - - - - effective (date) - - - - - - - - - Resignation not In good standing, effective (date)

- - - - which Is equal to
Fine S - -amounr

number

D

days pay

SIGNATURE _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Other disciplinary action:

1exp1a.r. on
atracnea page'

TITLE---------------~

(Appomting At.Jtl"lorrty or aumortZed egent)

NOTICE: Your health insurance coverage may be affected by this action; check with your Personnel Office.
Method
of
Service
(Check One)

D

PERSONAL
SERVICE

CERTIFIED OR
D REGISTERED
MAIL

NAME AND TITLE OF SERVER

I

DATE SERVED

Give date of receipt by employee or agent as shown
on return receipt postal card and the receipt number:

DISTRIBUTION· While (Ong1na1 for Employee), Blue (Employee Copy). Green (Employee representative).

~nary

OPF-31 A I Revised 1<>-89

62

(Management). Pink (Management), Goldenrod (Depanment of Personnel)

Appendix O.

Final Notice of Disciplinary Action
DEPARTMENT OF PERSONNEL

e

STATE OF NEW JERSEY

INSTRUCTIONS: This not.ice must be s~rv.ed.on a pe~an~nt employee or an e!'"ployee s.:rving a working test period in the classified ser.·ice after a
heanngof one of~he following types of d1sc1phnary actions 1s taken; (a) suspension or fine of more than five days at one time: (b) suspensions or fines
more than three times or for ~n aggregate ofmo~e than fifteen days m one calendar year: ( c) disciplinary demotion from a title in which the employee
has permanent status or rec~1ved ~regular appointment: ( d) removal: or(e) res1gnaticn not in good standing. Jfthe employee does not request or does
not appear at the hearing. this nouce must be ser.·ed as the final action. A copy of this notice must be sent to the Department of Personnel and served
on the employee by personal service or cenified or registered mail.

'--··

I

JURISDICTION (Loc11 Ser.ice)

FROM:

DEPARTMENT

DIVISION . INSTITUTIO'I OR AGENCY

STATf PAYROLL
NUMBER

SOCIAL SECURITY NUMl:s[ R

T I TLE

CITY ANO STATE

STREET

1 . On .

,.
.
d1sr:1p inary action:

0
0

DATE

l

NAME OF EMPLOYEE

TO:

ADDRESS

you were served with a Preliminary Notice of Disciplinary Action (DPF-31A) and notified of the pending

You requested a hearing which was held o n - - - - - - - - - - - - - - You did not request a hearing.

D You req~sted a hearing and did not appear at the designated time and place.

The following charge(s) was dismissed:

0

2.

If ,-b,·,-k1•.f.

ch.ir}!.<'I .irr

The following charge(sl was sustained :

crmtiu urd

(/I/

0

attached raxr

If cht'cked. charges are continued on the attached page

The follC':,;,,,g disciplinary action has been taken against you:

D Suspension for _ _ days, beginning------ and ending - - - - - 0 Removal, effective (date) - - - - - - - - - - 0 Demotion to position of _ _ _ _ _ _ _ _ _ _ _ _ _ __ effective ( d a t e ) - - - - - - - 0 Resig.nation not in good standing, effective ( d a t e ) - - - - - - - - - - 0 Fine $ _ _ _ _ _ _ which is tqual to---..,.--- days pay
0 Other disciplinary action :
amount

numbf'r

SIGNATURE _ _ _ _ _ _ _ _ _ _ _ _ __
(Appoi,,t i n11 Authorit)· or authorizf'd atent)

3.

4.

METHOD
OF
SERVICE
(Check One)

D
D

PERSONAL
SERVICE

+

CERTIFIED OR
REGISTERED MAIL

NAME AND

+

fuplo i n on
olloch f' d POii<')

TITLE--------------------~
TtT~E

OF SERVER

DATE SERVED

Give date of receipt by employee or agent as shown
on return receipt postal card and the receipt number:

APPEAL PROCEDURE TO THE EMPLOYEE: You have a right to appeal disciplinary actions : (a) suspension or fines more than five
days at one time: ( b) suspensions or fines more than three times or for an aggregate of more than fifteen days in one calendar year: ( c)
disciplinary demotion: ( d) removal or ( e) resignation not in good standing. Your letter of appeal must be filed with the Merit System
Board within 20 days of receipt of this form . Appeals must be sent to: Merit System Board, Front & Montgomery Streets, CN 312,
Trenton, N.J. 08625. Appeals must br sent directly to the Merit System Board. Do not give your appeal to your Personnel Office for
forwarding to the Merit System Board.
.
NOTICE: Your health insurance coverage may be affected by thia action; check with your Paraonnal Office.
DISTRIBUTION: White (Original for Employee), Blue (Employee Copy), Green (Employee represent1tivel, Canary (Man89(!m.ntl, Pink (Management),
Goldenrod (Department of Pe~onnel)
DP~.Jl B (Rr.tlHCl

3•87

63

State of New Jersey
JAMES E. MCGREEVEY
Governor

OFFICE OF THE ATTORNEY GENERAL
DEPARTMENT OF LAW AND PUBLIC SAFETY
DIVISION OF CRIMINAL JUSTICE
PO BOX 085
TRENTON, NJ 08625-0085
TELEPHONE: (609) 984-6500

PETER C. HARVEY
Attorney General

VAUGHN L. McKov
Director

AG LE DIRECTIVE NO. 2004-4
TO:

ALL COUNTY PROSECUTORS

FROM:

AAG Jessica S. Oppenheim, C h i e w
Prosecutors Supervision and Coordination Bureau

DATE:

October 29,2004

SUBJECT:

ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2004-4:
Standardization of External Audits of County Prosecutor’s Office Forfeiture Funds

Attached is the Attorney General Law Enforcement Directive No. 2004-4 regarding
the standardization of external audits of County Prosecutor’s Office Forfeiture Funds which became
effective October 25,2004. Also attached is the Manual referred to in the Directive.

-

-- -

jk
Attachments
Peter C. Harvey, Attorney General
c.
Mariellen_Dggan, First Assistant Attorney General, OAG
Markus Green, Chef of Staff, Office of thecAttorney General, OAG
Director John Kennedy, Office of Government Integrity
Vaughn L. McKoy, Director, DCJ
Deborah R. Edwards, Chief of Staff, DCJ
Keith Poujol, Assistant Director, DCJ
Jessica S. Oppenheim, Chief, Prosecutors Supervision & Coordination Bureau,
Division of Criminal Justice, DCJ
Chief State Investigator Anne Kriegner

New Jersey Is An Equal Opportuniw Employer ‘Printed on Recycled Paper and is Recyclable

ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2004-4
Standardization of External Audits of County Prosecutor’s Office Forfeiture Funds
WHEREAS, it is the policy of the Attorney General that all State, County and Municipal law
enforcement agencies shall administer State and Federally forfeited funds and property in a uniform
manner, consistent with established State and Federal law, regulations, directives, and standard
operating procedures; and
WHEREAS, the Attorney General as the State’s chief law enforcement officer, has authority
to oversee the Forfeiture operationsof the County Prosecutor’s Offices and ensure compliancewith
the forfeiture-related provisions of N.J.S.A. 2C:64-1 et seq.; N.J.S.A. 2C:41-1 et seq.; N.J.S.A.
2C:21-25 et sea_.; N.J.S.A. 40A:5-1 et seq.; and, the State of New Jersey Forfeiture Program
Administration Standard Operating Procedures (SOP’s 1-12); and
WHEREAS, SOP 12requires County Prosecutors to have aregistered municipal accountant
(RMA)/certified public accountant (CPA) audit all accounts containing or related to forfeited and
seized property, on an annual basis; and
WHEREAS, the Attorney General has surveyed the manner in which the annual W C P A
audits of CountyForfeiture funds are conducted and has determined that utilization of a standardized
format by external auditors would produce more accurate and timely audit results and would allow
for more efficient and productive oversight of compliance with SOP’s, statutes, regulations,
guidelines and directives; and
WHEREAS, this determination was not made in response to any serious existing problem
or emergent need, but rather was made in consultationwith the County Prosecutors Association of
New Jersey to enhance the administration of State and Federally forfeited funds and property;
NOW, THEREFORE, I, PETER C. HARVEY, Attorney General ofthe State ofNew Jersey,
by virtue of the authority vested in me by the Constitution and by the Criminal Justice Act of 1970,
N.J.S.A. 52:17B-97 et se%, do hereby ORDER and DIRECT the following:
1. The OfficEof Government Integrity shall establish a “Manual for External Audits of
County Forfeiture Accounts.” This manu41 will contain instructions for the County
Prosecutor, the engaged CPA fum,and the Division of Criminal Justice, to assist all parties
in complying with applicable statutes, regulations, directives and SOP’s.
2. Each County Prosecutor shall have all Forfeiture accounts audited on an annual basis by
an external W C P A . The engaged firm shall be provided with a copy of the “Manual for
External Audits of County Forfeiture Accounts,” and any internal documents necessary to
complete the audit. The audit shall include the reports and procedures specified in the
manual. T he manual will also include formats, reports, and s chedules which must b e

9

followed.
3. In that N.J.S.A. 40A:5-4 requires the governing body of each County to have an
W C P A audit, on an annual basis, all books, accounts and transactions of County
government agencies, the Prosecutor’s responsibility for ensuring an annual audit of
forfeiture-related accounts can be satisfied by the County audit conducted pursuant to
N.J.S.A. 4OA:5-4, provided that the County audit o f the Prosecutor’s forfeiture-related
accounts is conducted, and the audit report is prepared, in conformity with the requirements
of the “Manual for External Audits of County Forfeiture Accounts.” Otherwise, the County
Prosecutor shall arrange for an external audit independent of the County audit.

4. Each County Prosecutor shall be responsible for reviewing findings from the annual
external audit to ensure compliance with applicable statutes, regulations, directives and
SOP’S, including this Attorney General Law Enforcement Directive. The Division of
Criminal Justice will be responsible for conducting follow-up within 120 days of receipt of
a copy of the audit to ensure all findings have been addressed.
This directive shall take effect immediately. However, it shall only apply to audits of
Forfeiture accounts commenced after its effective date. In addition, the manual shall be incorporated
Jersey Forfeiture Program Administration Standard Operating Procedures

Attest:

t

n

TABLE OF CONTENTS

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i
PROPERTY RECORDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Centralized Filing System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Property Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Records Retention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PROPERTY STORAGE FACILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Volume and Type of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Temporary Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PROPERTY OFFICER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
AUDITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
DISPOSITION OF PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Return to Owner or Finder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Destruction of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PROPERTY CONTROL POLICY AND PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
MARKING AND PACKAGING PROPERTY AND EVIDENCE . . . . . . . . . . . . . . . . . . . . . . 10
APPENDIX A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-1
Model Property & Evidence Policy

INTRODUCTION
The property and evidence function is an integral and essential part of every law
enforcement agency. Every day, police officers come into custody of lost or stolen property,
contraband, and any manner of evidence. The law enforcement agency is charged with
establishing a system for the secure and efficient classification, inventory, retrieval, and
disposition of these items. To accomplish this goal, the law enforcement agency must
specifically:
-

Establish a system of documentation to track property from its receipt to its
eventual disposition.

-

Establish a secure and orderly storage facility to meet the needs of the particular
agency.

-

Establish a property officer to be responsible for the department's property and
evidence function.

-

Provide for periodic and special audits of the contents of the property storage
facility to insure continuing accuracy.

-

Provide for the proper and timely disposition of property and evidence.

-

Provide policy, training and adequate supplies for the consistent marking and
packaging of property.

-

Establish a written uniform policy and procedure to be followed by police officers
in all aspects of property handling.

This chapter will discuss each of the above and provide direction with relevant
references. For clarity sake, the term "property" shall be used to refer to both evidence per se and
all other property taken into police custody, unless otherwise indicated.

i

PROPERTY RECORDS
The maintenance of an orderly, accurate and contemporary record system is essential to
the overall property function. The property record system should include a centralized filing
system and a system of property reports and receipts to record the details of each property
transaction. These records serve several purposes:
-

Inventory of items in custody;

-

Inventory of items that have been disposed of and released from custody or
destroyed;

-

Chronological record of the chain of custody of each item.

In addition, the records of a property transaction may in fact become evidence themselves
to verify or dispute some fact about that item of property.
The maintenance of the property records should be assigned to the designated property
officer to insure that the type and manner of entries are consistent.
Centralized Filing System. Each law enforcement agency must have a centralized filing
system which contains information on all property which is taken into police custody. This
single source filing system provides consistency and uniformity to the overall property records
system. Any inquiry about property should begin at the centralized filing system, where
sufficient references will identify the appropriate detailed records.
There are several important principals to be followed in maintaining a centralized filing
system. These principals apply whether the centralized record in a bound log book or a
computerized data base.
First, the data must be permanent. It must be maintained for a considerable period, and
the individual records may have data added, but not deleted. This permanence is available in
both a log book and in an electronic data base.
Second, the centralized filing system must be secure against damage, destruction or theft.
Here, the electronic system provides more simplicity through data backup with off-site storage.
A log book would require either secure containment, such as a fireproof safe, or frequent
photocopying with off-site storage.
Third, the centralized filing system must be accessible for all authorized personnel.
Access for entering data should be limited to the designated property officer. However, other
officers must often track or locate property in the absence of the property officer, and therefore
must be able to review the centralized record. This is easier with a log book, since a
1

computerized system requires the officer to have a working knowledge of the system.
The centralized file should contain the following information for all property in police
custody:
1.

An identification number unique to the property.

2.

Description of each item of the property, including particular identifiers such as
make and model and unique identifiers such as serial number and owner applied
number.

3.

Name of person(s) to whom property is related (defendant, owner, finder).

4.

Date that each item came into police custody.

5.

Identity of officer who took custody of property (name, initials, badge or
employee number).

6.

Location where each item is stored.

7.

Date that each item was entered into storage.

8.

Identity of officer who entered property into storage.

9.

Date of each time that item was removed from storage or police custody.

10.

Identity of officer who removed item from storage or police custody each time it
was removed.

11.

Reason the item was removed (e.g. trial or lab) for each time it was removed.

12.

Date of final disposition of each item.

13.

Manner of disposition (returned to owner, destroyed, turned over to another
agency, etc.).

14.

Identity of officer responsible for authorizing final disposition.

15.

Identity of officer responsible for carrying out final disposition.

Property Reports. In addition to the centralized filing system, the law enforcement
agency must have reports to collect the detailed information for all property on a case specific
basis. Most agencies currently use some form of a property/vehicle report based on the LEIRS
2

system. Each agency should carefully review its form to determine if improvements can be
made.
Property reports should include, at a minimum, the following information:
1.

Incident report number.

2.

File number.

3.

Date property is received, confiscated, turned into headquarters, etc.

4.

Date of the loss or theft of property.

5.

Indication whether the property is stolen, lost, found, seized as evidence,
recovered or held for safekeeping.

6.

Storage location.

7.

Name, address, and phone number of the person who found the property or was in
possession of the property.

8.

Owner's name, address and phone number (if the owner of the property is different
from the person listed above).

9.

Location where property was recovered, found or confiscated.

10.

Item number and full description of each item, including:
a.

Make, model, serial number and owner applied number.

b.

Quantity (estimate if necessary).

c.

Value (estimate if necessary).

d.

Vehicle make, model, year, body type, color, registration number and
state, and vehicle identification number (VIN).

11.

Signature of person completing the report.

12.

Chain of custody record. The following entries should be made each time
property is transferred from one person to another:
a.

Item number.
3

b.

Date the property is being transferred from one person to another.

c.

The printed name and signature of the person relinquishing custody of the
property.

d.

The printed name and signature of the person receiving the property.

e.

The specific purpose of the change of custody, such as "Court," "Returned
to Owner," etc.

In cases with many transfers of custody of an item, it may be necessary to attach a chain
of custody continuation page to the property report. Each item listed above should be reflected
on this chain of custody continuation page.
Many departments use multi-part forms which are separated soon after the preliminary
information is entered. It is essential that all later entries are consistently made on one part of the
form. Photocopies can be made of the new, updated property report and distributed as necessary.
The dated entry will allow the reader to identify the most recent update.
Model Property Description Report (Short Form), Property Description Report (Long
Form), Chain of Custody continuation page, and Victim Property Loss Report are found in the
model Property S.O.P in Appendix A. These forms were developed by the Division of Criminal
Justice Police Bureau's Police Data Processing Project. The purpose of these forms is to combine
the thorough collection of information and efficient entry of information into an electronic
database.
Records Retention. Records retention requirements promulgated by the New Jersey
Department of State, Division of Archives and Records Management are found in the New Jersey
Records Manual (March, 1986). A second reference for records retention is the New Jersey
Prosecutor's Manual (October, 1988 Revision) published by the New Jersey County Prosecutors
Association.

PROPERTY STORAGE FACILITY
The law enforcement agency must provide adequate space to organize and maintain a
property vault which will facilitate the storage, auditing and retrieval of property and evidence.
In addition, the storage facility must provide adequate security and control.
The design of a property vault will be unique for every law enforcement agency. The
three primary considerations are the volume and type of property held, the overall security of the
agency facility, and the total available space.

4

Volume and Type of Property. In designing a property vault, the total volume of property
to be stored should be forecasted as far as possible into the future. In addition, the various types
of property to be stored should be reviewed. This includes, but is not limited to: weapons,
ammunition, volatile or toxic substances, perishable items, valuable items, and cash.
Consideration should also be given to the different types and quantities of controlled dangerous
substances seized and held by the department. The agency may wish to establish different
policies for the storage of such diverse items.
In determining total storage area, it is important to remember that mere storage is not
enough. The vault must have ample space to be organized to facilitate the location, retrieval and
audit of the property. In other words, all property must be readily accessible.
The property vault should contain a refrigerator for the storage of perishables, such as
blood. A safe or other separately secured container should be provided for the storage of cash,
jewelry and other small, valuable items.
Security. Security is an extremely important consideration in the maintenance of a
property vault. The vault must be situated, constructed, secured and protected in such a way as to
prevent accidental or deliberate tampering, damage or loss of property.
The property vault would ideally be located within a police headquarters which is staffed
twenty-four hours a day. In this case, the property vault should have its own alarm system. In
the alternative, it should be located in an area of a police facility which is completely secure from
unauthorized access. In this case, the police facility and the property vault should have separate
alarm capabilities.
The vault should be constructed with materials which would frustrate attempts to breach
the perimeter walls, floor and ceiling. There should be only one entrance, with a steel door, steel
frame and dead bolt locks. The alarm system should contain both an entrance switch on the door
and some type of interior backup, such as motion or infrared sensors. The control panel for the
alarm system should be inside the vault, with a time delay for deactivation.
The vault should also have an automatic fire suppression system to limit damage in case
of accidental fire or arson. Special consideration should be given to the type of chemicals used in
the fire suppression system in relation to the contents of the vault.
Construction of storage within the vault will vary with the department's needs. The use of
shelves, pins, pegboards, cabinets, racks and any combination thereof will depend on the specific
needs of the agency. The key is organization.
Temporary Storage. Facilities for temporary storage of property should be available when
the property officer is unavailable. For instance, a series of airport type metal lockers could be
used by department personnel until the property officer can assume custody of the property.
5

These lockers can either stand alone outside of the vault, or be installed in one wall of the vault.
By installing them, the property officer has access to items placed in temporary storage from the
inside the vault itself. Keys to the lockers must be a type that can not be reproduced without
proper written authorization.
Procedures for temporary storage of property should require the officer to place the
property into a locker compartment, lock the locker and retain possession of the key. The
property officer, upon coming on duty, would remove the property from the sealed locker by
using a master key. The property officer would then place the property items in the vault after
following proper inventory and logging procedures. The property officer should prepare and
issue a receipt to the officer that recovered the property when the officer appears to turn in the
key to the locker used for temporary storage.

PROPERTY OFFICER
To maintain the continuity of the property function, the chief law enforcement officer
should delegate the property control function to one specific officer. The primary duties of the
property officer include the preservation and safeguarding of all property, as well as the
disposition of all property. In medium to large departments, the duties of a property officer can
be a full time assignment for one or more officers. In smaller departments, the property officer
duties along with other duties might be assigned to one officer. If this is the case, the chief law
enforcement officer must insure that the property function is receiving the time, effort and
attention that it needs.
The property officer's duties, responsibilities and authority should be clearly defined by
department rules and policies. At a minimum, the property officer shall:
1.

Maintain appropriate written records, including records which reflect the chain of
custody of property while it is in the possession of the police department.

2.

Maintain the property in a place and under conditions which eliminate as much as
possible any risks of loss or tampering.

3.

Maintain physical control of property until it is properly disposed.

Access to evidence and the property vault must be restricted to the property officer. One
other officer, preferably the property officer's supervisor, should have access in case the property
officer is unable to perform his duties.

6

AUDITS
Audit procedures are essential to maintaining the integrity of the property function. There
should be a complete audit of stored property as well as selected or random audits of completed
transactions on a routine annual basis. In addition, there should be a complete audit whenever
there is a change of property officer, unit supervisor, chief law enforcement officer or change of
any other personnel with responsibility over or access to the property. An audit should also be
conducted if there is any indication or suspicion of a breach of integrity in the property system.
These audits should be conducted by the designated property officer with assistance and
verification provided by another officer. To provide a completely independent source of
verification, a representative of the county prosecutor's office could assist the property officer
during the audit.
An audit should begin with a complete inventory of all items currently in the property
vault. The inventory of the property vault should then be used to verify the accuracy of the
central filing system. An audit of completed transactions should be conducted by examining the
case files to verify that required notifications and release authorizations have been properly
submitted. In addition, a legitimate basis for the release decision should be clearly apparent in
the file.

DISPOSITION OF PROPERTY
The police department must provide for the proper and timely disposition of property and
evidence. This is necessary to maintain the property storage facility and property records in an
orderly fashion. Failure to promptly purge property leads to overloading limited storage space,
continues the department's liability longer than necessary and makes auditing procedures more
difficult and time consuming.
Seized property may be disposed of by forfeiture or by returning it to the owner.
Forfeited property may be disposed of by destruction or by public sale or auction. Found
property may be disposed of by returning it to the owner, returning it to the finder, by destruction
or by public sale or auction. These dispositions are controlled by state statute, state retention
regulations, Attorney General and county prosecutor's guidelines, and police department policy.
Each police department must have a written policy on the disposition of property consistent with
the above sources. Police departments should contact their municipal attorney, the county
prosecutor's office or the Division of Criminal Justice Police Bureau with any questions
concerning property disposition.
Return to Owner or Finder. When stolen property comes into the custody of police,
N.J.S.A. 2C:65-1 et seq. provides that law enforcement agencies may release the property to the
owner. The law specifies that the agency enter a description of the property into its central filing
system and make a complete photographic record of the property. This photographic record may
7

be introduced as evidence in any court in lieu of the property.
A law enforcement agency may immediately return stolen property to its rightful owner
where the agency is satisfied there is no dispute as to ownership.
If the person entitled to stolen property is unknown, the law enforcement agency may
apply to the court for an order to release the property from the custody of the agency. The
application, which must specify the property for which a release is sought, can be made six
months after the final determination of the case. The property will then be disposed at public
sale, with proceeds going to the state, county or municipality, whichever was the prosecuting
authority.
When property is found by a civilian, turned over to the police department for
safekeeping, and the owner does not claim the property for six months, N.J.S.A. 40A:14-157(b)
provides that the property shall be returned to the finder.
N.J.S.A. 53:1-26.1 and N.J.S.A. 40A:14-157(a) state that property which is found by a
state or municipal law enforcement officer and remains unclaimed becomes the property of the
state or municipality, which may provide for its sale at public auction.
Abandoned motor vehicles which are found or recovered shall be disposed of pursuant to
N.J.S.A. 39:10A-1 et seq. If the vehicle is not stolen, the agency should attempt to notify the
owner of the recovery. If the vehicle is not certifiable for a junk title certificate, and the owner
does not claim it a minimum of twenty and a maximum of ninety business days after the agency
has taken possession of the it, the vehicle can be sold at public auction. If the vehicle is
certifiable for a junk title certificate and the owner does not claim it within fifteen business days
after the agency has taken possession of it, the vehicle can be sold at public auction.
The owner or any other person entitled to take possession of the vehicle may do so at any
time before sale. The owner must pay reasonable costs for the removal and storage of the vehicle
and any fine, penalty and court costs assessed against him for a violation which gave rise to the
seizure of the vehicle.
Forfeiture. Law enforcement agencies are referred to N.J.S.A. 2C:64-1 et seq. as the
primary statutory source on the forfeiture of property. The law provides that property is subject
to forfeiture if it is "prima facie contraband" (e.g., controlled dangerous substances, illegally
possessed firearms), if it was used in furtherance of an unlawful activity (e.g., vehicles used to
smuggle contraband), or if it is the proceeds of illegal activity (e.g., currency or assets earned by
drug transactions).
Any property subject to forfeiture under N.J.S.A. 2C:64-1 et seq. may be seized by a law
enforcement officer and held by a law enforcement agency as evidence pending a criminal
prosecution. If no criminal proceeding is instituted, law enforcement officers may seize and
8

hold without court process property which is "prima facie contraband" or which poses an
immediate threat to the public health, safety or welfare.
If a criminal proceeding is instituted, "prima facie contraband" shall be retained by the
state until entry of judgment or dismissal of the criminal proceeding, including any appeals, and
then shall be forfeited to the entity funding the prosecution. When property other than prima
facie contraband is subject to forfeiture, such forfeiture may be effected by a civil action. Civil
forfeiture proceedings must begin within ninety days of the seizure of the property. Police
departments should contact their county prosecutor regarding any civil forfeiture action.
Property which has been forfeited shall be destroyed if it can serve no lawful purpose or it
presents a danger to the public health, safety or welfare. All other forfeited property shall
become the property of the entity funding the prosecuting agency.
The forfeiture law also provides that the entity prosecuting the case shall divide the
forfeited property or any proceeds resulting from the forfeiture with any other law enforcement
agency that participated in the surveillance, investigation, arrest or prosecution resulting in the
forfeiture. Distribution of forfeited property or any proceeds among participating agencies will
be in proportion to that agency's contribution to the case. Such forfeited property and proceeds
shall be used solely for law enforcement purposes.
Destruction of Property. "Prima facie contraband" may be destroyed after entry of
judgment or dismissal of the criminal proceeding, including the appeal process, if it can serve no
lawful purpose or it presents a danger to the public health, safety or welfare.
In any case involving a bulk seizure of a controlled dangerous substance, the prosecuting
authority may apply to the trial court for an order to destroy all or some portion of the seized
substance before the completion of criminal proceedings. If the law enforcement agency has
such a bulk seizure and wants to destroy it, the agency should contact the prosecutor handling the
case.
Documentary exhibits shall be destroyed only after the clerk of the court has posted a
notice in the county describing the exhibit and indicating the date after which the exhibit will be
destroyed.

PROPERTY CONTROL POLICY AND PROCEDURE
The chief law enforcement officer should develop and implement written policy
governing the property and evidence function. This policy should outline the responsibilities and
duties of officers as they apply to the handling of property. The policy also provides practical,
step-by-step procedures for the receipt, handling, packaging, storage and reporting functions
pertaining to property. Appendix A contains a model property and evidence policy which can be
9

used as a guideline for a police department in developing its own written policy.

MARKING AND PACKAGING PROPERTY AND EVIDENCE
All property and evidence must be identified and marked to insure that it can be identified
in the future. In addition, the property must be securely packaged to preserve the contents and
prevent accidental loss or deliberate tampering. Methods of marking and packaging property will
vary from department to department. It is important that the department's methods are consistent
and clearly defined by written policy.
It is essential the methods for marking and packaging property be in conformity with
accepted practice. The Evidence Manual published by the Division of State Police Special and
Technical Services Section is an excellent source of information concerning the marking and
packaging of property and evidence.

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APPENDIX A
Model Property & Evidence Policy

1.0

APPLICATION
1.1

2.0

The property and evidence procedures hereafter described shall be followed for all
recovered, stolen, found or confiscated property coming into the possession of any
member of this department.

PROPERTY MARKING AND PACKAGING
2.1

The New Jersey State Police Special and Technical Services Section Evidence
Manual will be used as a guide in the marking and packaging of property.

2.2

Each item will be properly marked with the date and the officer's initials, if
possible, then tagged and/or placed in appropriate size envelopes or bags which
are provided.

2.3

The tag which accompanies articles being turned in to the Property Officer will
include the following information on the tag or outermost container (bag or
envelope):
2.3.1 Incident Report number
2.3.2 Date of recovery
2.3.3 Location of recovery
2.3.4 Owner of property, if known
2.3.5 Brief description of article
2.3.6 Officer's name and identification number

2.4

Should there be numerous small items relating to the same case, after each item
has been tagged, enveloped, etc., place all the items in one or more larger bags,
marking each larger bag with the Incident Report number and the item numbers
contained in said bag.

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3.0

PROPERTY SUBMISSION
3.1

3.2

Property officer available
3.1.1

A property description report, as described in Section 6.0, shall be
completed. The officer will then present the labeled article(s) and property
description report to the officer in charge for review.

3.1.2

The officer in charge shall review the article(s) to insure that they are
properly labeled and the property description report is accurately
completed. The officer in charge will then initial the property description
report to indicate the evidence or recovered property has been processed
correctly.

3.1.3

The officer who took custody of the property will then submit the
property, along with the property description report, to the property officer
for safekeeping.

Holding locker procedure
3.2.1

In the event an officer has property to be submitted for safekeeping in the
property room, and the property officer is not available to accept same, the
property description report will be completed, up to the chain of custody
section. In the first chain of custody section, entries will be made under
ITEM NO., DATE, RELINQUISHED BY and PURPOSE FOR
CHANGE OF CUSTODY. No other entries are made.

3.2.2

The officer in charge will inspect the property for proper identification,
labeling and packaging, as well as the property description report.

3.2.3

The officer in charge will then accompany the officer who took custody of
the evidence to the property holding locker, where the officer will place
both the property and the completed property description report. The
locker must then be properly secured by the officer who took custody of
the evidence, under the supervision of the officer in charge.

3.2.4

When the property officer removes the property from the holding locker,
he will complete the first chain of custody section of the property
description report under RECEIVED BY.

3.2.5

Copy 2 of the property description report will then be returned to the
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submitting officer with the property officer's signature showing receipt of
property.
3.3

3.4

Property Submission: Refrigerated Material
3.3.1

If any material or substance (evidence) must be refrigerated, and the
property officer is available, the officer shall deliver the property to the
property officer.

3.3.2

If any material or substance (evidence) must be refrigerated, and the
property officer is unavailable, the material or substance shall be placed
into the refrigerator located in the Detective Bureau. This will be done
through one of the detectives on duty, or, if there is no detective on duty at
the time, the on-call detective is to be contacted. The property description
report will be signed in the same manner as if it were to be stored in the
holding locker. No such material or substances are to be refrigerated at
any other place unless it is absolutely necessary.

Laboratory Cases
3.4.1

3.5

In cases where the physical evidence requires laboratory analysis or other
handling by outside agencies, this department shall transport the evidence
to and from the laboratory or other agency and obtain a report of the
analysis or other handling before turning the evidence over to the County
Prosecutor's Office. In particular cases, this procedure may be changed
with the approval of the Assistant Prosecutor to whom the case is
assigned.

Request for Evidence Form
3.5.1

If it is necessary for an officer to obtain evidence for court proceedings, he
must first submit a Request for Evidence Form to the property officer as
soon as that officer becomes aware that such evidence is required.

3.5.2

Evidence required for courtroom presentation will not be released to the
officer making the request until the date of the courtroom testimony.

3.5.3

Prior to the release of secured evidence, the form will be completed by
both the property officer and the officer making the request for the
evidence.

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4.0

5.0

3.5.4

The officer receiving the evidence for courtroom presentation is required
to return that evidence intact to the officer in charge on duty at police
headquarters immediately following the termination of the court hearing.

3.5.5

The officer in charge will obtain the Request for Evidence Form which
was completed for the transaction of the evidence (filed in a predesignated
location) and review the form and the evidence being returned.

3.5.6

Once the officer in charge is satisfied that everything is in order, the form
will receive the appropriate entry from the officer in charge and the officer
returning the evidence.

3.5.7

The officer in charge will then accompany the officer returning the
evidence to the holding locker where the officer returning the evidence
will place both the evidence and the completed Request for Evidence
Form in the holding locker.

3.5.8

The officer returning the evidence will properly secure the locker under
the supervision of the officer in charge.

PROPERTY OFFICER DUTIES
4.1

The Property Officer shall maintain written records which reflect the chain of
possession of the evidence during the time the evidence is in the custody of the
police department.

4.2

The Property Officer shall maintain physical evidence in a place, and under
conditions which guarantee that the evidence cannot be tampered with.

STOLEN PROPERTY
5.1

Identifying Stolen Property
5.1.1

If an officer locates property which he suspects might be stolen, he may
have the Control Desk operator check the NCIC/SCIC terminal for any
record of it being stolen. The officer must provide the following
information for such checks:
a.

Description of article (TV, stereo, radar detector, etc.)
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5.1.2

5.2

b.

Brand name of article (RCA, Sony, GE, etc.)

c.

Model number or name

d.

Serial number of the article

e.

Any owner ID numbers (O.A.N.).

Any property which has been identified as being stolen should always be
confirmed through the law enforcement agency which has entered the item
into the terminal.

Identification of Stolen Motor Vehicles
5.2.1

5.2.2

5.2.3

5.2.4

There are two ways to determine if a motor vehicle has been reported
stolen:
a.

NCIC/SCIC terminal check of the license plate number

b.

NCIC/SCIC terminal check of the Vehicle Identification
Number (VIN).

NCIC/SCIC Terminal Check of Registration Number
a.

Supply the Control Desk operator with the registration
number of the vehicle, along with issuing state information.

b.

The Control Desk operator will run "wants" for the vehicle
on both a State and Federal level.

NCIC/SCIC Terminal Check of the Vehicle's VIN
a.

The officer must supply the Control Desk operator with
complete description of the vehicle, including the
manufacturer, model, body style, color, year and VIN.

b.

The Control Desk operator will run "wants" on both State
and Federal level.

Whenever there is a "hit" on a stolen motor vehicle, the officer shall
always check with the law enforcement agency issuing the want to confirm
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that the vehicle is stolen.
5.3

5.4

Entry of Stolen Property into NCIC/SCIC Terminal
5.3.1

When an officer is investigating a theft where property that has been stolen
has sufficient identifiers, the officer should make every effort to obtain this
information for entry into the NCIC/SCIC terminal. Once this information
has been obtained, it is to be provided to the Control Desk operator who
will make the entry. The teletype number shall be logged on the officer's
incident report.

5.3.2

If this information is not available, but there is enough of a description of
the articles taken, the officer should make sure that at least teletype
information be dispatched through the Control Desk operator as soon as
the report has been received.

Stolen/Recovered Bicycles
5.4.1 Whenever a bicycle is reported stolen or recovered, the investigating
officer shall complete a Bicycle ID Report. This report will be completed
in addition to the officer's Incident Report.

6.0

5.4.2

The Bicycle ID Report will be turned over to the Control Desk Operator
who will maintain a file of these reports for future reference.

5.4.3

Whenever an officer recovers a bicycle, he will reference the information
obtained from the recovered bicycle with the Bicycle ID Reports on file at
the Control Desk.

5.4.4

The officer will initiate the same teletype procedures which are normally
utilized with any stolen article.

REPORT PROCEDURE
6.1

Purpose of the PROPERTY DESCRIPTION REPORT
6.1.1

The Property Description Report (Short or Long Form) shall be used to
report the following:
a.
Stolen property.
b.
Lost property.
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c.
d.
e.
f.
g.
h.

Found property.
Seized property.
Recovered property.
Burned property.
Damaged/destroyed property.
Property held by a police authority for safekeeping.

6.1.2

The Property Description Report (Short or Long Form) shall be submitted
following the recovery or loss of any property. When a Property
Description Report is submitted in conjunction with an Investigation
Report, the INCIDENT NO. and the DEPT. CASE NO. must coincide
with the corresponding blocks on the Investigation Report.

6.1.3

The officer will use a Property Description Report (Short Form) and as
many Property Description Reports (Long Form) as necessary to
completely record the listed information for each item of property and
each transfer of custody.

6.2

This report shall be prepared in four copies on the forms provided.

6.3

Routing of the four copies shall be as follows:

6.4

6.3.1

Copy 1, Copy 2 and Copy 3 - Will accompany the property to the Property
Officer or placed into the Holding Locker with the property until the
Property Officer completes the chain of custody section.

6.3.2

Copy 1 - Will be forwarded to the Records Unit with the Incident Report.

6.3.3

Copy 2- Will be returned to the submitting officer with the property
officer's signature showing receipt of property.

6.3.4

Copy 3 - Will be retained by the Property Officer until the property is
released or otherwise disposed of, and the transaction completely noted on
the report; then, will be forwarded to the Records Unit.

6.3.5

Copy 4 - To be given to the person the property was taken or received
from, as their receipt.

This report shall be accurate, factual, clear, concise, complete and free of errors in
spelling and grammar. Appropriate abbreviations are acceptable. Complete all
boxes, i.e., if information is unknown, enter "UNK", if not available, enter dash
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(-), if not applicable, enter "N/A".
6.5

The report shall be typed whenever possible. If the report must be hand-written, it
must be printed clearly and with black ink.

6.6

Reviewing officers shall make certain that all personnel comply with this
procedure.

6.7

Instructions for preparation of PROPERTY DESCRIPTION REPORT (SHORT
FORM)
1.

DEPARTMENT - The name of the law enforcement agency that takes the
report will be entered here.

2.

ORI NO - Enter the department's National Crime Information Center
(NCIC) New Jersey Identifier Number.

3.

INCIDENT NO - The department may use this box to enter a local
Incident/Event number.

4.

PROS CASE NO - This box will be used for the County Prosecutor's
Office to enter their case number.

5.

DEPT CASE NO - This box may be used by the local department for
entering a case/report number.

6.

VICTIM NO. OF VICTIMS - Enter the victim number and the total
number of victims involved with this incident.
Example: If three victims were robbed as part of the same incident, and
this is the second victim of the three, enter "2/3."

7.

OWNERS NAME - Enter the full name (last, first, middle) of the owner of
the property, if known.

8.

PHONE (AREA) - Enter the full phone number of the owner, if known.

9.

OWNERS ADDRESS - Enter the full address(premise number, street
name, municipality, state and zip), if known.

10.

DATE OF LOSS - Enter the date of loss (month-day-year).
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11.

LOCATION OF LOSS - Enter the location of loss, if known(premise
number, street name, municipality, state and zip).

12.

NCIC NO. - Enter the National Crime Information Center(NCIC) or
Teletype number if a message has been sent on related property.

13.

FINDER/POSSESSORS NAME - Enter the full name (last, first, middle)
of the person who was in possession of the property, either a finder of
property or a person who is encountered in possession of the property.

14.

PHONE (AREA) - Enter the full phone number and area code of the
person who was in possession of the property.

15.

DATE NCIC CANCELLED - Enter the date that the NCIC message for
the property was cancelled or cleared.

16.

FINDER/POSSESSORS ADDRESS - Enter the full address (street
number, street name, municipality, state and zip), of the finder or person
who was in possession of the property.

17.

TELETYPE NO. - Enter the Teletype of NCIC number of the message
sent that relates to the property indicated.

18.

LOCATION OF RECOVERY/SEIZURE - Enter the full address (street
number, street name, municipality, state and zip) of the location where the
property was recovered or seized.

19.

DATE OF RECOVERY/SEIZURE - Enter the appropriate date, month,
day, year.

BLOCKS 20 THROUGH 26 ARE TO BE USED IF THE PROPERTY IS A VEHICLE
20.

YEAR - Enter the year of the vehicle.

21.

MAKE - Enter the make of the vehicle.

22.

MODEL - Enter the model of the vehicle.

23.

BODY TYPE - Enter the body type of the vehicle.

24.

COLOR - Enter the color(s) of the vehicle.
A-9

02'(/
25.

REGISTRATION NO./STATE - Enter the vehicle's plate/registration
number and the State it is registered in.

26.

V.I.N. - Enter the vehicle's full Vehicle Identification Number.

27.

ITEM NO. - Enter the item of each piece of property recovered or seized,
relating to the case.

28.

PROPERTY CODE - Enter the Property Description Code number from
the code table located in the center of the report.

29.

PROPERTY STATUS - Enter the Property Status code number from the
code table located in the center right portion of the report.

30.

ESTIMATED/QUANTITY - Enter the quantity or the estimated quantity
of items.

31.

UNIT OF MEASURE - Enter the appropriate Unit Of Measure code if
necessary, from the code table located in the center portion of the report.

32.

DESCRIPTION/O.A.N. - Enter a description of the property and any
Owner Applied Numbers that may exist.

33.

SERIAL NUMBER - Enter the full serial number of the property if it
exists.

34.

ESTIMATED VALUE - Enter the estimated value of the property.

35.

DISPOSITION OF ITEM - Enter the disposition of the property from the
Disposition Code Table, located in the center right portion of the report.

36.

PRINT RANK/OFF. NAME - PRINT the rank and name of the officer
doing the report.

37.

BADGE NO. - Enter the badge number, if used, of the officer doing the
report.

38.

REPORT DATE - Enter the date of the report, month, day, year.

39.

PAGE NO. OF PAGES - If additional page(s) are needed to describe
property relating to the case, indicate which page and the total number of
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pages that are being submitted.
40.

REVIEWED BY - For use by the person in the agency after reviewing and
approving the report(s).

BLOCKS 41 THROUGH 45 ARE TO BE USED FOR TRACKING THE CHAIN OF
CUSTODY OF THE ITEMS RELATED TO THE CASE.

6.8

41.

ITEM NO. - Enter the Item Number of the piece of property that will be
moved.

42.

DATE - Enter the date that the item was moved, month, day, year.

43.

RELINQUISHED BY - PRINT the full name of the officer/person who is
releasing property.

44.

RECEIVED BY - PRINT the full name of the officer/person who is
receiving property.

45.

PURPOSE FOR CHANGE OF CUSTODY - Enter the purpose for which
the property is changing custody. Examples of change of custody may be
for transportation to the lab, to court, for destruction, for return to owner or
for auction.

Instructions for preparation of PROPERTY DESCRIPTION REPORT (LONG
FORM)
1.

DEPARTMENT - The name of the law enforcement agency that takes the
report will be entered here.

2.

ORI NO - Enter the department's National Crime Information Center
(NCIC) New Jersey Identifier Number.

3.

INCIDENT NO - The department may use this box to enter a local
Incident/Event number.

4.

PROS CASE NO - This box will be used for the County Prosecutor's
Office to enter their case number.

5.

DEPT CASE NO - This box may be used by the local department for
entering a case/report number.
A-11

02'(/
27.

ITEM NO. - Enter the item of each piece of property, recovered or seized,
relating to the case.

28.

PROPERTY CODE - Enter the Property Description Code number from
the code table located in the center of the report.

29.

PROPERTY STATUS - Enter the Property Status code number from the
code table located in the center right portion of the report.

30.

ESTIMATED/QUANTITY - Enter the quantity or the estimated quantity
of items.

31.

UNIT OF MEASURE - Enter the appropriate Unit Of Measure code if
necessary, from the code table located in the center portion of the report.

32.

DESCRIPTION/O.A.N. - Enter a description of the property and any
Owner Applied Numbers that may exist.

33.

SERIAL NUMBER - Enter the full serial number of the property if it
exists.

34.

ESTIMATED VALUE - Enter the estimated value of the property.

35.

DISPOSITION OF ITEM - Enter the disposition of the property from the
Disposition Code Table, located in the center right portion of the report.

36.

PRINT RANK/OFF. NAME - PRINT the rank and name of the officer
doing the report.

37.

BADGE NO. - Enter the badge number, if used, of the officer doing the
report.

38.

REPORT DATE - Enter the date of the report, month, day, year.

39.

PAGE NO OF PAGES - If additional page(s) are needed to describe
property relating to the case, indicate which page and the total number of
pages that are being submitted.

40.

REVIEWED BY - For use by the person in the agency after reviewing and
approving the report(s).

A-12

02'(/
7.0

DISPOSITION
7.1

7.2

Forfeiture
7.1.1

If property subject to forfeiture in an indictable or juvenile case, other than
prima facie contraband, is seized by this department, the Detective Bureau
must notify the Evidence and Property Control Unit of the County
Prosecutor's Office, in writing, within one week of the seizure. If
forfeiture proceedings are approved, the property subject to forfeiture must
be immediately turned over to the Evidence and Property Control Unit of
the County Prosecutor's Office. If forfeiture is declined, the property
should be returned to its owner provided that the property has no
evidential value.

7.1.2

A completed file should be given to the Assistant Prosecutor as soon as
possible, but not later than 30 days after seizure.

7.1.3

Civil forfeiture proceedings must begin within 90 days of seizure of the
property to be forfeited.

7.1.4

See N.J.S.A. 2C:64-1 et seq. for the law concerning forfeitures.

Disposition of Stolen Property and Documentary Exhibits
7.2.1

When any article of stolen property comes into the custody of this
department, the property officer shall enter in the property book a
description of the article and shall attach a number to each article, and
make a corresponding entry. The assigned detective shall make and retain
a complete photographic record of the property.

7.2.2

Upon receipt of satisfactory proof of ownership of the property, and upon
presentation of proper personal identification, and with the consent of the
County Prosecutor's Office, the property officer may release the property
to the person presenting such proof.

7.2.3

The person receiving the property shall be asked to view the photograph
taken pursuant to Section 7.2.1 to verify that it accurately depicts the
property that is being released to his custody. The person receiving the
property shall sign a sworn declaration of ownership. This department
shall retain the photograph and the sworn declaration.

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02'(/
7.2.3

7.3

7.4

See N.J.S.A. 2C:65-1 et seq. for the law concerning the disposition of
stolen property and documentary exhibits.

Tangible Personal Property - Recovered and Disposition
7.3.1

Where tangible personal property comes into the possession of the police
department, by finding and recovery, by a member of the police force
acting in the line of duty, and if the owner or his whereabouts is unknown
and cannot be ascertained, or if the owner shall refuse to receive the
property, then the property shall not be disposed of for 6 months, except in
cases of motor vehicles, which shall be for 3 months. The municipality,
by resolution, may then provide for the sale, in whole or in part, of any
such property, at public auction. Moneys received from the sale of any
such property shall be paid into the general municipal treasury. All
unclaimed moneys coming into the possession of the police department
shall be turned over within 48 hours to the municipal treasurer for
retention in a trust account and, after 6 months, if unclaimed by any person
entitled thereto, be paid into the general municipal treasury.

7.3.2

Whenever any money or tangible personal property other than a motor
vehicle is found or discovered by any person other than by a member of
the police department acting in the line of duty, and the finder shall have
given or shall give custody of the found money or tangible personal
property to the police department for the purpose of assisting the police to
find the owner thereof, the police department shall retain custody of said
money or tangible property for a period of 6 months. If the money or
tangible personal property is unclaimed during the 6 month period by the
person entitled thereto, the money or property shall be returned by the
police department to the finder, who shall be deemed the sole owner
thereof.

7.3.4

See N.J.S.A. 40A:14-157 for the law concerning the disposition of
tangible personal property found or recovered.

Disposition of Controlled Dangerous Substances: Disorderly Persons Offense
7.4.1

The New Jersey State Police will not examine marijuana weighing less
than 50 grams (disorderly persons offense) unless the defendant has
appeared in Municipal Court and entered a plea of not guilty. When
drafting complaints charging defendants with possession of less than 50
grams of marijuana, schedule the case to be heard on the closest court date
A-14

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following the arrest. If the defendant pleads not guilty on his first court
appearance, the court will schedule another date so that the evidence may
be examined and the results obtained.
7.4.2

In a disorderly persons case involving a controlled dangerous substance,
our department shall maintain the controlled dangerous substance until at
least 60 days following final judgement in the case. If a defendant is
convicted of the disorderly persons offense, the final judgement would be
measured from the date the defendant is sentenced. If an appeal is pending,
the final judgement would be when the appeal is decided. It is incumbent
on the law enforcement agency to track appeals.

7.4.3

The County Prosecutor's Office submits a copy of the judgement entered
on municipal appeals to the person designated to handle record keeping for
each police department. If the defendant is found guilty and the decision
appealed to a higher court, that action will be noted on the judgement. The
opinion is considered rendered when received by this office. Any
questions about status, decision, or opinions on municipal appeals or
questions about appeals on an indictable matter should be directed to the
Head Clerk, Appellate and Motion Practice Section.

7.4.4 At the expiration of 60 days following the final judgement, our department
shall destroy the controlled dangerous substance at a facility designated by
the Prosecutor's Office. The controlled dangerous substance shall be
destroyed within one year of the final judgement. All aspects of the
destruction shall be documented on the Uniform Destruction of Evidence
Form. Notice to and approval of the Chief of the Trial Section is not
necessary for the destruction of controlled dangerous substances in a
disorderly persons offense, or where the amount and type of drug would
qualify for disorderly persons offense treatment.
7.5

Disposition of Controlled Dangerous Substances: Indictable or Juvenile Offense
7.5.1

In an indictable case or for a juvenile offense involving controlled
dangerous substances where the County Prosecutor's Office seizes the
controlled dangerous substance, the controlled dangerous substance shall
be turned over to the Evidence & Property Control Unit immediately.

7.5.2

In an indictable case or for a juvenile offense involving controlled
dangerous substances where our department seizes the controlled
dangerous substance, we shall maintain custody of the evidence until the
A-15

02'(/
assistant prosecutor to whom the case is assigned directs that the evidence
be turned over to the County Prosecutor's Office. When the evidence has
been turned over to the County Prosecutor's Office, the Evidence &
Property Control Unit shall maintain the controlled dangerous substance
until at least 70 days following the final judgement in the case. If an
appeal is taken, the evidence should be held until the expiration of the
appeal. At the expiration of 70 days following final judgement, the
Evidence & Property Control Unit shall make contact with the Chief of the
Trial Section of the County Prosecutor's Office and/or the Narcotics Squad
Prosecutor and seek approval for destruction of the controlled dangerous
substance. The request and approval must be in writing. If the Chief of
the Trial Section or Narcotics Squad Prosecutor approves destruction, the
Evidence & Property Control Unit shall destroy the controlled dangerous
substance at a designated facility. All aspects of the destruction shall be
documented.
7.5.3

In an indictable case or for a juvenile offense where our department seizes
a controlled dangerous substance but is not called upon to turn the
controlled dangerous substance over to the County Prosecutor's Office, we
shall maintain the controlled dangerous substance until at least 70 days
following final judgement in the case. If an appeal is taken, the evidence
should be held until the conclusion of the appeal. At the expiration of the
70 days following judgement, we shall request approval from the Chief of
the Trial Section or Narcotics Squad Prosecutor of the Prosecutor's Office
for destruction of the evidence. The request for the destruction and the
approval must be in writing. If the Chief of the Trial Section or Narcotics
Squad Prosecutor approves destruction of the evidence, our department
shall destroy the controlled dangerous substance at a designated facility.
All aspects of the destruction shall be documented. All controlled
dangerous substances approved for destruction should be destroyed within
one year of the written approval from the Chief of the Trial Section or
Narcotics Squad Prosecutor.

7.5.4 If after the conviction of the defendant there is still an investigation
pending concerning other prospective defendants relating to the possession
or distribution of that substance, the substance may be retained if reports
are duly filed justifying non-destruction.
7.6

Disposition of Controlled Dangerous Substances with no prosecution
7.6.1

If the police department comes into possession of controlled dangerous
A-16

02'(/
substances, for example by finding, and a viable prosecution cannot be
developed in relation to the drug, then it should be retained for at least 60
days. The controlled dangerous substance shall be destroyed within one
year of its receipt. All aspects of the destruction shall be documented on
the Uniform Destruction of Evidence Form. Notice to and approval of the
Chief of the Trial Section or Narcotics Squad Prosecutor is not necessary
in this situation unless a significant quantity or quality of controlled
dangerous substance is involved. The term "significant quantity" should at
least mean enough controlled dangerous substance to support a charge of
possession with intent to distribute if the owner or possessor were known.
7.7

Controlled Dangerous Substance Destruction process
7.7.1

Documentation of the destruction of controlled dangerous substances must
be done through the utilization of the "Uniform Destruction of Evidence
Form." When a request for destruction is made, the original and two
copies shall be sent to the Chief of the Trial Section or Narcotics Squad
Prosecutor. One copy shall be retained by our department. If destruction
is approved the original and two copies will be returned to our department.
When the evidence is destroyed, a completely executed copy should be left
with the contact person for the authorized destruction facility. An original
and one copy would then be retained by our department. Controlled
dangerous substances and firearms should not be included on the same
destruction of evidence form.

7.7.2

In a juvenile case the Chief of the Trial Section or Narcotics Squad
Prosecutor will refer the requests to the Director of the Juvenile Division
for his approval.

7.7.3

It will be the responsibility of the assigned officer to destroy the evidence
and a copy of the Uniform Destruction of Evidence Form will be left with
the contact person or his representative at the facility. The role of the
contact person for the authorized facilities is limited. He will simply make
arrangements for the destruction and will be present during the destruction
of the controlled dangerous substance; it is not his responsibility to insure
the integrity of the destruction process. The authorized facilities are
simply providing a place for the evidence to be destroyed. Our assigned
officer shall call the contact person prior to bringing the controlled
dangerous substance for destruction in order to allow the contact person to
make the necessary arrangements. It is not necessary for the contact person
to sign the Uniform Destruction of Evidence Form.
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02'(/
7.7.4

No fewer than two witnesses shall observe the officer destroy the
controlled dangerous substance at the authorized facility. The contact
person should not be counted as a witness. The witnesses shall also sign
the Uniform Destruction of Evidence Form in the appropriate place.

A-18

USE OF FORCE
Attorney General's Use of Force Policy
Issued April 1985
Revised June 2000
Preface
The provisions of this revised policy are a product of the collective efforts and
judgment of the New Jersey Use of Force Advisory Committee. Throughout the
deliberation process, each member of the committee worked conscientiously to reach a
consensus in this area of critical importance to law enforcement officers and the
citizens of this state. The New Jersey Use of Force Advisory Committee realized that
the law alone could not achieve the goal of properly guiding the use of force by the
police. The letter of the law needed to be supplemented with clear policy guidance
designed to prepare officers to react appropriately when confronted with a use of force
situation.
Policy
Sworn law enforcement officers have been granted the extraordinary authority to
use force when necessary to accomplish lawful ends. That authority is grounded in the
responsibility of every sworn law enforcement officer to comply with the laws of the
State of New Jersey regarding the use of force and to comply with the provisions of this
policy. Equally important is law enforcement’s obligation to prepare individual officers in
the best way possible to exercise that authority.
In situations where law enforcement officers are justified in using force, the
utmost restraint should be exercised. The use of force should never be considered
routine. In determining to use force, the law enforcement officer shall be guided by the
principle that the degree of force employed in any situation should be only that
reasonably necessary. Law enforcement officers should exhaust all other reasonable
means before resorting to the use of force. It is the policy of the State of New Jersey
that law enforcement officers will use only that force which is objectively reasonable and
necessary.
This policy reinforces the responsibility of law enforcement officers to take those
steps possible to prevent or stop the illegal or inappropriate use of force by other
officers. Every law enforcement officer is expected and required to take appropriate
action in any situation where that officer is clearly convinced that another officer is using
force in violation of state law. Law enforcement officers are obligated to report all
situations in which force is used illegally by anyone. This policy sends a clear message
to law enforcement officers that they share an obligation beyond the requirements of
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Attorney General's Use of Force Policy
the law. Officers are encouraged to do whatever they can to interrupt the flow of events
before a fellow officer does something illegal and before any official action is necessary.
Law enforcement officers can serve each other and the public by simply saying or doing
the right thing to prevent a fellow officer from resorting to force illegally or
inappropriately.
Deciding whether to utilize force when authorized in the conduct of official
responsibilities is among the most critical decisions made by law enforcement officers.
It is a decision which can be irrevocable. It is a decision which must be made quickly
and under difficult, often unpredictable and unique circumstances. Sound judgment
and the appropriate exercise of discretion will always be the foundation of police officer
decisionmaking in the broad range of possible use of force situations. It is not possible
to entirely replace judgment and discretion with detailed policy provisions.
Nonetheless, this policy is intended to provide the best guidance and direction possible
to police officers throughout this state when called upon to confront and address the
most difficult of situations. Law enforcement officers whose actions are consistent with
the law and the provisions of this policy will be strongly supported by the law
enforcement community in any subsequent review of their conduct regarding the use of
force.
Definitions
A.

B.

Constructive Authority
1.

Constructive authority does not involve actual physical contact with
the subject, but involves the use of the law enforcement officer’s
authority to exert control over a subject.

2.

Examples include verbal commands, gestures, warnings, and
unholstering a weapon.

3.

Pointing a firearm at a subject is an element of constructive
authority to be used only in appropriate situations.

Physical Contact
1.

Physical contact involves routine or procedural contact with a
subject necessary to effectively accomplish a legitimate law
enforcement objective.

2.

Examples include guiding a subject into a police vehicle, holding
the subject’s arm while transporting, handcuffing a subject and
maneuvering or securing a subject for a frisk.
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Attorney General's Use of Force Policy
C.

D.

E.

F.

Physical Force
1.

Physical force involves contact with a subject beyond that which is
generally utilized to effect an arrest or other law enforcement
objective. Physical force is employed when necessary to overcome
a subject’s physical resistance to the exertion of the law
enforcement officer’s authority, or to protect persons or property.

2.

Examples include wrestling a resisting subject to the ground, using
wrist locks or arm locks, striking with the hands or feet, or other
similar methods of hand-to-hand confrontation.

Mechanical Force
1.

Mechanical force involves the use of some device or substance,
other than a firearm, to overcome a subject’s resistance to the
exertion of the law enforcement officer’s authority.

2.

Examples include the use of a baton or other object, canine
physical contact with a subject, or chemical or natural agent
spraying.

Deadly Force
1.

Deadly force is force which a law enforcement officer uses with the
purpose of causing, or which the officer knows to create a
substantial risk of causing, death or serious bodily harm.

2.

Purposely firing a firearm in the direction of another person or at a
vehicle, building or structure in which another person is believed to
be constitutes deadly force.

3.

A threat to cause death or serious bodily harm, by the production of
a weapon or otherwise, so long as the officer’s purpose is limited to
creating an apprehension that deadly force will be used if
necessary, does not constitute deadly force.

Reasonable Belief
1.

Reasonable belief is an objective assessment based upon an
evaluation of how a reasonable law enforcement officer with
comparable training and experience would react to, or draw
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Attorney General's Use of Force Policy
inferences from, the facts and circumstances confronting and
known by the law enforcement officer at the scene.
G.

H.

I.

Imminent Danger
1.

Imminent danger describes threatened actions or outcomes that
may occur during an encounter absent action by the law
enforcement officer. The period of time involved is dependent on
the circumstances and facts evident in each situation and is not the
same in all situations.

2.

The threatened harm does not have to be instantaneous, for
example, imminent danger may be present even if a subject is not
at that instant pointing a weapon at the law enforcement officer, but
is carrying a weapon and running for cover.

Substantial Risk
1.

Any discharge of a firearm entails some risk of an unintended
outcome. A substantial risk exists when a law enforcement officer
disregards a foreseeable likelihood that innocent persons will be
endangered.

2.

For example, firing a weapon into a confined space (room, vehicle,
etc.) occupied by innocent persons exposes those persons to a
substantial risk of harm.

Law Enforcement Officer
1.

I.

Any person sworn to enforce the criminal laws of the State of New
Jersey, who is certified by the Police Training Commission, or is
currently employed by a public safety agency and is authorized to
carry a firearm under N.J.S.A. 2C:39-6.

Authorization and Limitations
A.

Use of Force
1.

A law enforcement officer may use physical force or mechanical
force when the officer reasonably believes it is immediately
necessary at the time:
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Attorney General's Use of Force Policy

B.

to overcome resistance directed at the officer or others; or

b.

to protect the officer, or a third party, from unlawful force; or

c.

to protect property; or

d.

to effect other lawful objectives, such as to make an arrest.

Use of Deadly Force
1.

A law enforcement officer may use deadly force when the officer
reasonably believes such action is immediately necessary to
protect the officer or another person from imminent danger of death
or serious bodily harm.

2.

A law enforcement officer may use deadly force to prevent the
escape of a fleeing suspect

3.

C.

a.

a.

whom the officer has probable cause to believe has
committed an offense in which the suspect caused or
attempted to cause death or serious bodily harm; and

b.

who will pose an imminent danger of death or serious bodily
harm should the escape succeed; and

c.

when the use of deadly force presents no substantial risk of
injury to innocent persons.

If feasible, a law enforcement officer should identify himself/herself
and state his/her intention to shoot before using a firearm.

Restrictions On The Use of Deadly Force
1.

A law enforcement officer is under no obligation to retreat or desist
when resistance is encountered or threatened. However, a law
enforcement officer shall not resort to the use of deadly force if the
officer reasonably believes that an alternative to the use of deadly
force will avert or eliminate an imminent danger of death or serious
bodily harm, and achieve the law enforcement purpose at no
increased risk to the officer or another person.

2.

A law enforcement officer shall not use deadly force to subdue
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Attorney General's Use of Force Policy
persons whose actions are only destructive to property.
3.

Deadly force shall not be used against persons whose conduct is
injurious only to themselves.

4.

Under current state statutes the discharge of any projectile from a
firearm is considered to be deadly force, including less lethal
means such as bean bag ammunition or rubber bullets. For that
reason, these and similar less lethal means of deadly force can
only be used when an officer reasonably believes such action is
immediately necessary to protect the officer or another person from
imminent danger of death or serious bodily harm.

5.

A law enforcement officer shall not discharge a weapon as a signal
for help or as a warning shot.

6.

While any discharge of a firearm entails some risk, discharging a
firearm at or from a moving vehicle entails an even greater risk of
death or serious injury to innocent persons. The safety of innocent
people is jeopardized when a fleeing suspect is disabled and loses
control of his or her vehicle. There is also a substantial risk of
harm to occupants of the suspect vehicle who may not be involved,
or involved to a lesser extent, in the actions which necessitated the
use of deadly force.
a.

b.

D.

Due to this greater risk, and considering that firearms are
not generally effective in bringing moving vehicles to a rapid
halt, officers shall not fire from a moving vehicle, or at the
driver or occupant of a moving vehicle unless the officer
reasonably believes:
(1)

there exists an imminent danger of death or serious
bodily harm to the officer or another person; and

(2)

no other means are available at that time to avert or
eliminate the danger.

A law enforcement officer shall not fire a weapon solely to
disable moving vehicles.

Exhibiting a Firearm
1.

A law enforcement officer shall not unholster or exhibit a firearm
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Attorney General's Use of Force Policy
except under any of the following circumstances:

II.

b.

To secure the firearm;

c.

During training exercises, practice or qualification with the
firearm;

d.

When circumstances create a reasonable belief that it may
be necessary for the officer to use the firearm;

e.

When circumstances create a reasonable belief that display
of a firearm as an element of constructive authority helps
establish or maintain control in a potentially dangerous
situation in an effort to discourage resistance and ensure
officer safety.

Every law enforcement agency is required to conduct and document semiannual training for all officers on the lawful and appropriate use of force
and deadly force. This training must be designed to reflect current
standards established by statutory and case law, as well as statewide,
county and individual agency policy. It should include but not necessarily
be limited to the use of force in general, the use of physical and
mechanical force, the use of deadly force, and the limitations that govern
the use of force and deadly force.

Use of Force Reports
A.

IV.

For maintenance of the firearm;

Training Requirements
A.

III.

a.

In all instances when physical, mechanical or deadly force is used, each
officer who has employed such force shall complete
1.

Any reports made necessary by the nature of the underlying
incident; and

2.

Use of Force Report (Attachment A or agency required format)

Notifications and Reporting
A.

Immediate Notifications

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Attorney General's Use of Force Policy

B.

1.

County and municipal law enforcement agencies shall immediately
notify the county prosecutor when the use of physical, mechanical
or deadly force results in death or serious bodily injury, or when
injury of any degree results from the use of a firearm by a law
enforcement officer.

2.

County prosecutor’s offices shall immediately notify the Division of
Criminal Justice when a member of their agency uses physical,
mechanical or deadly force which results in death or serious bodily
injury, or when injury of any degree results from the use of a
firearm by agency personnel.

3.

State law enforcement agencies shall immediately notify the
Division of Criminal Justice when the use of physical, mechanical
or deadly force results in death or serious bodily injury, or when
injury of any degree results from the use of a firearm by a law
enforcement officer.

Reporting
1.

County prosecutors shall within 24 hours report to the Division of
Criminal Justice all situations where the use of deadly force by a
law enforcement officer results in death or serious bodily injury, or
in situations where any injury results from the use of a firearm by a
law enforcement officer.

2.

For all situations involving the use of physical, mechanical or
deadly force, county and municipal law enforcement agencies shall
report at least annually to the county prosecutor in a manner
established by the prosecutor.

3.

For all situations involving the use of physical, mechanical or
deadly force, state law enforcement agencies shall report at least
annually to the Division of Criminal Justice in a manner established
by the Director of the Division of Criminal Justice.

(6/00)

Attorney General's Use of Force Policy

Attachment A
Model Use of Force Report

(7/01)

_____________________ POLICE DEPARTMENT
USE OF FORCE REPORT
A. Incident Information
Date

Time

Type of Incident
Crime in progress
Other (specify)

*
*

Day of Week

* Domestic

Location

INCIDENT NUMBER

* Other dispute

* Suspicious person

* Traffic stop

B. Officer Information
Name (Last, First, Middle)

Rank

Badge #

Duty assignment

Sex

Years of service

Race

Age

On-Duty

Injured
Y/N
Uniform

Y/N

C1. Subject 1

Sex

* Under the influence
* Other unusual condition (specify)

Arrested
Y/N

Subject's actions (check all that apply)
Resisted police officer control
Physical threat/attack on officer or another
Threatened/attacked officer or another with blunt object
Threatened/attacked officer or another with knife/cutting object
Threatened/attacked officer or another with motor vehicle
Threatened officer or another with firearm
Fired at officer or another
Other (specify)

C2. Subject 2

Race

Age

Weapon
Y/N

Injured
Y/N

Killed
Y/N

Charges

Officer's use of force toward this subject (check all that apply)

*
*
*
*
*
*

Compliance hold
Hands/fists
Kicks/feet
Chemical/natural agent
Strike/use baton or other object
Canine

*

Other (specify)

Firearms Discharge
Intentional
Accidental

*
*

Number of Shots Fired
Number of Hits
[Use 'UNK' if unknown]

(List only the person who was the subject of the use of force by the officer listed in Section B.)

Name (Last, First, Middle)

Sex

* Under the influence
* Other unusual condition (specify)

Arrested
Y/N

Subject's actions (check all that apply)

*
*
*
*
*
*
*
*

Y/N

(List only the person who was the subject of the use of force by the officer listed in Section B.)

Name (Last, First, Middle)

*
*
*
*
*
*
*
*

Killed
Y/N

Resisted police officer control
Physical threat/attack on officer or another
Threatened/attacked officer or another with blunt object
Threatened/attacked officer or another with knife/cutting object
Threatened/attacked officer or another with motor vehicle
Threatened officer or another with firearm
Fired at officer or another
Other (specify)

Race

Age

Weapon
Y/N

Injured
Y/N

Killed
Y/N

Charges

Officer's use of force toward this subject (check all that apply)

*
*
*
*
*
*

Compliance hold
Hands/fists
Kicks/feet
Chemical/natural agent
Strike/use baton or other object
Canine

*

Other (specify)

Firearms Discharge
Intentional
Accidental

*
*

Number of Shots Fired
Number of Hits
[Use 'UNK' if unknown]


 If this officer used force against more than two subjects in this incident, attach additional USE OF FORCE REPORTS.
Signature:

Date:

Print Supervisor Name:

Supervisor Signature:
7/2001

CHRIS CHRISTIE
Governor

State of New Jersey
OFFICE OF THE ATTORNEY GENERAL

DEPARTMENT OF LAW AND PUBLIC SAFETY
PO Box 080

KIM GUADAGNO
Lieutenant Governor

PAULA T. Dow
Attorney General

TRENTON, NJ 08625-0080

October 7, 2010

TO:

AllCounty Prosecutors
AllLaw Enforcement Chief Executives
AllCounty Sheriffs
Colonel Joseph R. Fuentes
Superintendent, New Jersey State Police
Stephen J. Taylor
Director, Division of Criminal Justice

SUBJECT:

Revised Supplemental Policy on Conducted Energy Devices (approved
and effective October 7, 2010)

I am pleased to issue a Revised Supplemental Policy on the use of conducted energy
devices (CEDs). The new policy, a copy of which is attached, takes effect immediately and
replaces the original conducted energy device policy that had been issued on November 23, 2009.
I am also attaching a document that succinctly explains some of the more significant changes that
have been made to the original CED policy.
Many law enforcement professionals had expressed concem that the original policy was
too restrictive in that it had imposed arbitrary limits on the number, rank, and duty assignment of
police officers who might be allowed to carry and use a conducted energy device. A number of
law enforcement professionals had also expressed concem that the original policy prohibited
officers from using a conducted energy device in certain circumstances where this less-lethal
weapon might help to resolve a confrontation before it becomes necessary for an officer to resort
to deadly force. In some instances, the original policy would have prohibited the use of a
conducted energy device even though an officer would be authorized to use lethal force.

New Jersey ls An Equal Opportunity Employer. Printed on Recycled paper and is Recyclable

Page 2

As you know, this past summer, I asked the Division of Criminal Justice to reach out to
the law enforcement community to solicit specific comments and recommendations on how to
improve this aspect of New Jersey’s use of force policy. I am very thankful for all of the
thoughtful comments that we received. A clear consensus emerged on what needed to be done to
improve the original conducted energy device policy, and these recommendations are reflected in
the attached revised supplemental policy.
It is important to note that the revised policy continues to impose significant restrictions
on the use of these weapons by police officers. For example, a conducted energy device may not
be used against a person who is only passively resisting law enforcement commands. Rather,
this weapon may only be fired against a person when necessary to prevent the targeted person
from causing death or serious bodily injury to him/herself, an officer, or another person, or to
prevent the escape of a person for whom there is probable cause to arrest for a crime in which the
suspect ca~ or attempted to cause ~th or serious bod~’y irijC_~ Asid~f~6~~h-ing
strict substantive standards for when a law enforcement officer is authorized to fire or discharge a
CED, the attached revised policy continues to impose strict procedural safeguards, including a
requirement that a digital video recording be made of every instance where the device is
discharged. Furthermore, the revised policy continues to require police departments to conduct a
prompt, thorough investigation after every discharge of a conducted energy device. The findings
of these investigations must be reviewed by the County Prosecutor, and then forwarded to me.

Once again, I am grateful for the input that my office received from the law enforcement
community on this important public and officer safety initiative. I remain convinced that
collaboration and consultation produces the best results, and in this instance, I think that we have
come up with a fair and balanced use of force policy that will, ultimately, provide police officers
with a practical alterative to using deadly force in appropriate situations. Any questions
conceming the implementation of the revised CED policy should be directed to Division of
Criminal Justice Director Stephen J. Taylor, or his designee.

Paula T. Dow
Attorney General
Dated: October 7, 2010

Co

First Assistant Attorney General Phillip H. Kwon
Carolyn Murray, Counsel to the Attorney General

DEPARTMENT OF LAW AND

PuBuc SAFETY

PO Box 080
TRENTON NJ 08625-0080

JONS. CORZINE
Governor

ANNE MILGRAM
Allorney General

September 17, 2009

To:

All County Prosecutors
All Law Enforcement Chief Executives
Colonel R. Fuentes
Superintendent, New Jersey State Police

From:

Anne Milgram, Attorney General

Subject:

New Jersey Police Vehicular Pursuit Policy

Please find enclosed the latest revision to the New Jersey Police Vehicular Pursuit Policy.
The policy outlines the proper procedures to be followed when police officers are confronted with
the possibility of pursuing a fleeing vehicle. As in previous revisions, the primary purpose of the
policy is to secure a balance between the protection of the lives and safety of the public and
· police officers, and law enforcement's duty to enforce the law and apprehend violators.

The latest revision addresses two important concerns: (1) officers are reminded that
during the process of "closing the gap" while in pursuit, they are subject to the laws governing the
right of way pursuant to N.J.S.A. 39:4.-91 and 92; and (2) officers are also reminded to factor in
the existence of controlled intersections during a pursuit. This revision also requires police
departments to determine whether collisions involving a police vehicle were preventable,
Implementation of this policy provides greater safety to the public as well as law
enforcement personnel, while facilitating enforcement of the law. Any questions concerning the
implementation of this new policy should be addressed to Criminal Justice Director Deborah L.
Gramiccioni, or her designee.

. nn
lgram
Attorney General

C:

Ricardo Solano, First Assistant Attorney General
Deborah Gramiccioni, Director, Division of Criminal Justice

HUGHES JUSTICE CoMPU!X

•

Tlll.EplJONS: (609) 292-4925 e

New Jersey ls An Eqrm/ Opportunity Employer •

FAX: (609) 292-3508

Printed on Recycled Paper and Recyclabk

VEHICULAR PURSUIT
New Jer~ey Police Vehicular Pursuit Policy
Issued December 1985
Revised January 1993
Revised September 1999
Revised December 2001
Revised July 2009
PREFACE
In developing the policy revisions issued in 1993, the New Jersey Task Force on Police
Vehicular Pursuit Policy was mindful of the requirement that such a policy appropriately weigh a
police officer's sworn duty to apprehend lawbreakers with the obligation to protect life and the
public safety. Throughout the process, each member of the Task Force worked conscientiously
to reach a consensus in this area of critical importance.
The 1993 policy revision significantly broadened the scope of the 1985 guidelines. The
Task Force was particularly cognizant of the important role played by police supervisors in the
implementation of any pursuit policy. Police supervisors occupy a pivotal role in assessing the
degree of risk inherent in any pursuit and in properly balancing that risk against the need to
apprehend a fleeing offender. The 1993 policy outlined the responsibility of police supervisors
to manage and control pursuit activity.
The 1999 policy revision provides law enforcement agencies with the discretion to use
authorized tire deflation devices during vehicular pursuits, and the 2001 revision further refines
the section on authorized tire deflation devices. Agencies should be advised that this policy
does not govern the use of tire deflation devices in situations other than vehicular pursuits.
The Task Force was convinced early on that any sound vehicular pursuit policy is
necessarily based on complete and accurate information about pursuit incidents. In order to
ensure that such information is continually available, the policy requires that all law enforcement
officers engaged in pursuit incidents file a pursuit incident report. The Task Force did not take
lightly the imposition of another reporting requirement. It did, however, strongly believe that the
risks and potential consequences inherent in the conduct of vehicular pursuits are such that this
measure is warranted. The Task Force considered the entire range of incidents for which
police officers are now required to file formal reports and concluded that vehicular pursuits
would rank among the most critical on any such list.
The 2009 policy revision clarifies a police officer's responsibilities with respect to Title 39
when he or she is attempting to close the distance between the officer and the alleged offender.
The revision states that when attempting to close the distance, police officers are subject to all
motor vehicles laws including those laws governing the right of way. The revision also directs
law enforcement agencies to investigate all collisions involving a law enforcement vehicle to
determine whether the accident could have been prevented.
The Task Force strongly believed that the value of its efforts will ultimately be

1

(7/2009)

determined by the manner in which this policy is implemented. Successful implementation will
be a direct result of the effort invested to train and inform police officers about the policy's
content. Toward that end, the policy requires that all police officers attend in-service vehicular
pursuit training twice a year.
The Task Force knew that the policy had to provide specific guidance as to the
conditions under which the initiation of pursuits should be authorized. Some of the most difficult
issues considered by the Task Force arose as it dealt with this key portion of the policy. The
New Jersey Police Vehicular Pursuit Policy Task Force readily concluded that the severity of 1st
and 2nd degree crimes was such that law enforcement officers should have the discretion to
pursue, but the appropriate course of action was not so quickly apparent with respect to some
other offenses.
The question of how to deal with the 3rd degree offense of car theft is complex and not
susceptible to easy resolution . While the Task Force found that the majority of pursuits
statewide were for motor vehicle offenses, a number of pursuits undertaken during the three
year period reviewed were pursuits of stolen cars. Task Force members were also aware that
tragic consequences have occurred over the same period as a result of some stolen car
pursuits. Such tragedies, no matter how infrequent, certainly militate against authorizing the
pursuit of car thieves. Nonetheless, car theft is a particularly egregious problem in our society
at the present time. Not only has car theft become epidemic in some of our communities, but
experience has shown that it is often the prelude to the commission of more serious violent
crime. We would not, by a blanket prohibition of such pursuits, want to send a false signal to
would-be car thieves that they can go about their illegal business with impunity.
There is no simple, guaranteed correct answer to this policy question. The Task Force
believed that in the final analysis, pursuit of stolen cars , like other serious crimes, must be left
to the discretion of the police officer. Of course, the policy makes it clear that if there are other
viable means to apprehend a car thief, or if there is a fair likelihood that the car thief can and
will be apprehended within a reasonable future time, or if the risks involved in the pursuit are
simply too substantial, then a vehicular pursuit should be avoided. Also, it should be clear that
this policy is not meant to imply that prolonged pursuit should be a routine response to joy riding
if such a situation could be reasonably determined in advance of the pursuit. As is so often true
with difficult law enforcement issues, an oversimplified and quick response to a complex
problem does not often serve the best interests of either the police or the public. It is the
consensus of the Task Force that pursuits of stolen automobiles, as with all other pursuits,
should be avoided whenever possible. However, the Task Force also believes that relying on
the combined judgement of police officers and police supervisors will sufficiently safeguard the
public.

2

(7/2009)

NEW JERSEY POLICE VEHICULAR PURSUIT POLICY
PURPOSE OF POLICY
The primary purpose of this policy is to secure a balance between the protection of the
lives and safety of the public and police officers, and law enforcement's duty to enforce the law
and apprehend violators. Since there are numerous situations which arise in law enforcement
that are unique, it is impossible for this policy or any standard operating procedure to anticipate
all possible circumstances. Therefore, this policy is intended to guide a police officer's
discretion in matters of vehicular pursuit.
This policy has been formulated to provide minimum statewide requirements to direct
law enforcement activities in this very critical area of police practice. However, police
department size, population density and other characteristics vary among communities in this
state. Therefore, county and local law enforcement agencies are expected to develop
individual standard operating procedures which account for departmental variations, yet are
consistent with this policy.
Deciding whether to pursue a motor vehicle is among the most critical decisions made
by law enforcement officers. It is a decision which must be made quickly and under difficult,
often unpredictable circumstances. In recognition of the potential risk to public safety created
by vehicular pursuits, no officer or supervisor shall be criticized or disciplined for a decision not
to engage in a vehicular pursuit or to terminate an ongoing vehicular pursuit based on the risk
involved, even in circumstances where this policy would permit the commencement or
continuation of the pursuit. Likewise, police officers who conduct pursuits consistent with this
policy will be strongly supported by the law enforcement community in any subsequent review
of such actions.
DEFINITIONS

A.

Authorized Tire Deflation Device: A device designed and intended to produce
a controlled deflation of one or more tires of a pursued vehicle, and capable of
operation consistent with criteria established in this policy.

B.

Boxing In: The surrounding of a violator's moving vehicle with moving pursuit
vehicles which are then slowed to a stop along with the violator's vehicle.

C.

Divided Highway: A road which includes a physical barrier between traffic
traveling in opposite directions.

D.

Heading Off: An attempt to terminate a pursuit by pulling ahead of, behind or
toward a violator's moving vehicle to force it to the side of the road or to
otherwise come to a stop.

E.

Law Enforcement Officer: Any person sworn to uphold the laws of the State of

3

(7/2009)

New Jersey Police Vehicular Pursuit Policy New Jersey, and who is certified by
the Police Training Commission or whose training has included
Pursuit/Emergency Driving, and who is currently employed
by a public safety agency .

.F.

Paralleling:
1.

Street Paralleling: Driving a police vehicle on a street parallel to a street
on which a pursuit is occurring.

2.

Vehicle Paralleling: A deliberate offensive tactic by one or more patrol
vehicles to drive alongside the pursued vehicle while it is in motion.

G.

Pursuit Driving: Pursuit driving is an active attempt by a law enforcement
officer operating a motor vehicle and utilizing emergency warning lights and an
audible device to apprehend one or more occupants of another moving vehicle
when the officer reasonably believes that the driver of the fleeing vehicle is
aware of the officer's attempt to stop the vehicle and is resisting apprehension by
increasing vehicle speed, ignoring the officer or otherwise attempting to elude
the officer.

H.

Pursuit Vehicles:

I.

1.

Primary Unit: The police vehicle that initiates a pursuit or any unit that
assumes control of the pursuit as the lead vehicle (the first police vehicle
immediately behind the fleeing suspect).

2.

Secondary Unit: Any police vehicle which becomes involved as a
backup to the primary unit and follows the primary unit at a safe distance.

Roadblock: A restriction or obstruction used or intended for the purpose of
preventing free passage of motor vehicles on a roadway in order to effect the
apprehension of a violator.
1.

Avenue of Escape: A gap in a roadblock which requires the violator to
decrease the vehicle's speed to permit the violator to bypass the
roadblock.

2.

Blocking Vehicle: A motor vehicle, often a law enforcement vehicle,
which is placed perpendicular to a roadway or angled in such a way as to
create a roadblock.

J.

Supervisor: A police officer who, by virtue of rank or assignment, is responsible
for the direction or supervision of the activities of other police officers.

K.

Vehicle Contact Action: Any action undertaken by the pursuing officer
intended to result in contact between the moving police vehicle and the pursued

4

(7/2009)

vehicle .

L.

I.

Violator: Any person who a police officer reasonably believes: (1) has
committed an offense of the first or second degree or an offense enumerated in
Appendix A of this policy, or (2) poses an immediate threat to the safety of the
public or other police officers.

DECIDING WHETHER TO PURSUE

A police officer has the authority, at all times, to attempt the stop of any person
suspected of having committed any criminal offense or traffic violation. It is clear that
while it is the officer who initiates the stop, it is the violator who initiates the pursuit. The
officer's decision to pursue should always be undertaken with an awareness of the
degree of risk to which the law enforcement officer exposes himself and others. The
officer must weigh the need for immediate apprehension against the risk created by the
pursuit.
A.

Authorization to Pursue
1.

2.

B.

A police officer may only pursue
a.

When the officer reasonably believes that the violator has
committed an offense of the first or second degree, or an offense
enumerated in Appendix A of this policy, or

b.

When a police officer reasonably believes that the violator poses
an immediate threat to the safety of the public or other police
officers.

Pursuit for motor vehicle offenses is not authorized under the above
criteria unless the violator's vehicle is being operated so as to pose an
immediate threat to the safety of another person.

In the event that one of the authorization requirements is satisfied , a pursuit
should not be automatically undertaken. An officer must still consider the
following factors:
1.

Likelihood of successful apprehension.

2.

Whether the identity of the violator is known to the point where later
apprehension is possible.

3.

Degree of risk created by pursuit
a.

Volume, type, speed and direction of vehicular traffic.

b.

Nature of the area: residential, commercial, school zone, open highway,

5

(7/2009)

etc.

4.

C.

c.

Population density and volume of pedestrian traffic

d.

Environmental factors such as weather and darkness

e.

Road conditions: construction, poor repair, extreme curves, intersections
controlled by traffic signals or signs, ice, etc.

Police Officer characteristics
a.

Driving skills

b.

Familiarity with roads

c.

Condition of police vehicle

Terminating the pursuit
1.

The pursuing officer shall terminate the pursuit
a.

If instructed to do so by a supervisor, or

b.

If the officer believes that the danger to the pursuing officers or
the public outweighs the necessity for immediate apprehension of
the violator, or

c.

If the violator's identity is established to the point where later
apprehension may be accomplished and where there is no
immediate threat to the safety of the public or police officers, or

d.

If the pursued vehicle's location is no longer known or the
distance between the pursuing vehicles and the violator's vehicle
becomes so great that further pursuit is futile, or

e.

If there is a person injured during the pursuit and there are no
police or medical personnel able to render assistance, or

f.

If there is a clear and unreasonable danger to the police officer or
the public. A clear and unreasonable danger exists when the
pursuit requires that the vehicle be driven at excessive speeds or
in any other manner which exceeds the performance capabilities
of the pursuing vehicles or police officers involved in a pursuit, or

g.

If advised of any unanticipated condition, event or circumstance
which substantially increases the risk to public safety inherent in

6

(7/2009)

the pursuit.
II.

Ill.

ROLE OF THE PURSUING OFFICER
A.

The decision to initiate and/or continue a pursuit requires weighing the need to
immediately apprehend the violator against the degree of risk to which the officer
and others are exposed as a result of the pursuit.

B.

Upon the commencement of a pursuit, the pursuing officer will immediately
activate emergency lights, audible device and headlights.

C.

Once the pursuit has been initiated, the primary unit must notify communications
and a superior officer providing as much of the following information as is known:

1.

Reason for the pursuit.

2.

Direction of travel, designation and location of roadway.

3.

Identification of the violator's vehicle: year, make, model, color, vehicle
registration number and other identifying characteristics.

4.

Number of occupants.

5.

The speed of the pursued vehicle.

6.

Other information that may be helpful in terminating the pursuit or
resolving the incident.

VEHICULAR PURSUIT RESTRICTIONS
A.

No pursuits will be conducted
1.

In a direction opposite to the flow of traffic on a divided highway.

2.

In a police vehicle in which an individual who is not a law enforcement
officer is either the driver or passenger.

B.

No more than two police vehicles (primary unit and secondary unit) shall become
actively involved in a pursuit unless otherwise specifically directed by a
supervisor.

C.

A motorcycle officer may initiate a pursuit, but will relinquish primary unit status
immediately upon the participation of a marked police vehicle.

D.

An unmarked police vehicle will not participate in a vehicular pursuit unless it is
equipped with an emergency light and an audible device. The unmarked car

7

(7/2009)

shall relinquish primary unit status immediately upon the participation of a
marked vehicle.
E.

To diminish the likelihood of a pursuit, a police officer intending to stop a vehicle
for any violation of the law shall, when possible and without creating a threat to
public safety, close the distance between the two vehicles prior to activating
emergency lights and an audible device. Police officers shall recognize that
while attempting to close the distance and prior to the initiation of a pursuit and
the activation of emergency lights and an audible device, they are subject to all
motor vehicle laws governing the right of way (e.g. N.J.S.A. 39:4-91 and -92).

F.

Throughout the course of a vehicular pursuit, pursuing officers shall not attempt
to overtake or pass the violator's moving vehicle.

G.

During the course of a pursuit and when approaching an intersection controlled
by traffic signals or signs, or any other location at which there is a substantially
increased likelihood of collision, the operator of any pursuit vehicle shall, prior to
entering the intersection, reduce the vehicle's speed and control the vehicle so
as to avoid collision with another vehicle or a pedestrian. The officer shall
observe that the way is clear before cautiously proceeding through the
intersection. At all other times including an attempt to close the distance prior to
the initiation of a pursuit, police officers shall observe the applicable laws
governing the right of way at intersections and other locations.

H.

Officers involved in a pursuit will not engage in vehicle paralleling.

I.

There shall be no street paralleling along the route unless the pursuit passes
through a patrol's assigned area. A patrol that is parallel-street-pursuing shall
not join or interfere with a pursuit, and shall stop all pursuit-related activity at the
boundary of its assigned area.

J.

Boxing in or heading off a violator's moving vehicle is permitted only under
extraordinary circumstances. These tactics substantially increase the risk
inherent in the pursuit and shall only be employed:

K.

1.

At low speeds, and

2.

With the approval of a supervisor, or

3.

In response to an imminent threat to the safety of the public or a police
officer.

Roadblocks must only be employed as a last resort in circumstances where
deadly force would otherwise be justified.
1.

The use of a roadblock must be authorized by a supervisor.

2.

At no time will a roadblock be established until all pursuing police vehicles

8

(7/2009)

are made aware of the roadblock and its location and have
acknowledged this awareness.
3.

L.

IV.

Once a roadblock has been established and a vehicle or barricade has
been positioned in the roadway, there shall be:
a.

adequate distance to see the roadblock

b.

an avenue of escape

c.

no one in the blocking vehicle(s}.

Officers involved in a pursuit shall no.t fire any weapon from or at a moving
vehicle nor engage in any vehicle contact action except as a last resort to
prevent imminent death or serious injury to the officer or another person where
deadly force would otherwise be justified.

AUTHORIZED TIRE DEFLATION DEVICES
A.

Law enforcement agencies may choose to utilize authorized tire deflation
devices during the course of a vehicular pursuit. Agencies which choose to
employ this strategy may only utilize devices authorized by this policy. As with all
operational decisions made during the conduct of a vehicular pursuit, the use of
such devices is subject to the assessment of inherent risk balanced against the
need to apprehend a fleeing offender.

B.

To be authorized for deployment and use under the vehicular pursuit policy, the
tire deflation device must:

C.

1.

Be capable of producing a controlled deflation of one or more tires
of a pursued vehicle;

2.

Be capable of being deployed or activated immediately before the
pursued vehicle drives over it, and removed or deactivated
immediately after the pursued vehicle drives over it; and

3.

Allow the officer to remain a safe distance from the roadway at the
time of deployment or activation.

Prior to the deployment and use of an authorized tire deflation device, the law
enforcement agency shall
1.

Modify its vehicular pursuit policy to provide for the proper use of
the authorized tire deflation device; and

2.

Train all officers in the use of the authorized tire deflation device.

9

(7/2009)

a.

D.

E.

F.

Training must include practical, hands-on operation of the
authorized tire deflation device.

Use of an authorized tire deflation device
1.

An authorized tire deflation device may be utilized only after
supervisory approval.

2.

An authorized tire deflation device shall not be used to stop
motorcycles, mopeds, or similar vehicles.

3.

The authorized tire deflation device should not be used in
locations where specific geographic features (e.g., sharp curves,
alongside of rivers, steep embankments, etc.) increase the risk of
serious injury to the officer, violator or public.

4.

Deployment locations should have reasonably good sight
distances to enable the officer to observe the pursuit and other
traffic as it approaches.

5.

The officer deploying the authorized tire deflation device should
not attempt to overtake and pass a high speed pursuit in order to
position the device.

Deployment
1.

The officer deploying the authorized tire deflation device should
do so from a position of safety.

2.

The officer deploying the authorized tire deflation device should
be in position to allow sufficient time for deployment.

3.

The supervisor must coordinate the efforts of all law enforcement
units involved in the pursuit.

4.

The communications operator shall notify all units of the location
of the authorized tire deflation device deployment.

Use of the authorized tire deflation device
1.

The officer operating the authorized tire deflation device should
take a position of safety as the pursued vehicle approaches.

2.

The officer shall deploy or activate the authorized tire deflation
device immediately before the pursued vehicle arrives at the point
where it would impact the device.

3.

The officer shall remove or deactivate the device immediately
10

(7/2009)

after the pursued vehicle goes over the authorized tire deflation
device.
4.

G.

Reporting
1.

V.

The officer should immediately notify communications if the
pursued vehicle impacted the authorized tire deflation device, if
the officer observed any signs of deflation, and the direction and
operation of the pursued vehicle after the impact.

After deployment or use of the authorized tire deflation device, the
law enforcement agency shall include at least the following
information in the narrative of the vehicle pursuit report:
a.

Date, time and location of deployment and activation

b.

Officer who deployed and activated the authorized tire
deflation device

c.

Results of the use of authorized tire deflation device:
(1)

on the pursued vehicle;

(2)

on other vehicles, property or people; and

(3)

on the authorized tire deflation device itself.

ROLE OF THE SUPERVISOR
Upon being notified or becoming aware of the pursuit, the supervisor shall decide as
quickly as possible whether or not the pursuit should continue.
A.

The supervisor shall permit a pursuit to continue only if
1.

2.

There is a reasonable belief that the violator has committed an offense of
the first or second degree, or an offense enumerated in Appendix A of
this policy, or
· There is a reasonable belief that violator poses an immediate threat to
safety of the public or other police officers.

B.

The supervisor shall order a pursuit terminated at any time if he or she
concludes that the danger to the pursuing officers or the public outweighs the
necessity for immediate apprehension of the violator.

C.

The supervisor shall order the pursuit terminated if the suspect's identity is
established to the point where later apprehension may be accomplished and
where there is no immediate threat to public safety.

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(7/2009)

VI.

D.

In recognition of the overall population density and volume of vehicular traffic in
this State, and the increased risk attendant to prolonged vehicular pursuits, a
supervisor shall order the termination of any pursuit of protracted duration unless
the supervisor determines that further pursuit is justified to respond to an
immediate threat to public safety.

E.

The supervisor shall ensure, for the duration of the pursuit, that this policy and
agency procedures are followed by all officers.

ROLE OF POLICE COMMUNICATIONS

A.

VII.

1.

Immediately notify a police supervisor of a pursuit in progress if a
supervisor has not already been otherwise notified;

2.

Keep the supervisor apprised of the duration and progress of the pursuit.

B.

When possible, a police supervisor shall determine whether there is a need to
assume control over and coordinate pursuit related communications.

C.

All law enforcement agencies shall establish procedures to ensure that radio
channels remain open for pursuit related transmissions and that all necessary
information is made available to officers involved in the pursuit.

REINSTATING PURSUITS

A.

VIII.

The communications operator shall:

Reinstatement of any previous ly terminated pursuit shall be undertaken
consistent with the authorization criteria for originally initiating a pursuit.

INTERJURISDICTIONAL PURSUITS
A.

The original pursuing jurisdiction shall provide timely notification of a pursuit in
progress to any other jurisdiction into which the pursuit enters.
1.

Notifying another jurisdiction that a pursuit is in progress is not a request
to join the pursuit. The pursuing agency shall advise if assistance is
necessary. Whenever the pursuing officers are unfamiliar with the
roadways and terrain of the jurisdiction into which the pursuit has
entered, the pursuing agency shall, when possible, seek the assistance
of, and be prepared to relinquish the pursuit to, the other agency.

IX. PURSUIT REPORTING

A.

All law enforcement officers who operate law enforcement vehicles in vehicular
pursuit situations shall be required to file a pursuit incident report. Pursuit
incident reports are to be filed in a manner established by agency operating

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(7/2009)

procedures and should contain, at a minimum, the following information:

B.

X.

1.

Location, date and time of pursuit initiation.

2.

Location, date and time of pursuit termination.

3.

Highest speed achieved, weather conditions, road surface and
description of pursuit area.

4.

Reasons for initiating and terminating the pursuit.

5.

Consequences of the pursuit, such as accidents, injuries or fatalities.

6.

Whether or not the violator was apprehended.

7.

The offenses with which the violator was charged.

All law enforcement agencies shall prepare an annual agency Vehicular Pursuit
Summary Report for submission to the county prosecutor. The annual report
shall be submitted on the Police Vehicular Summary Report Form and shall
contain the following information:
1.

Total number of pursuits.

2.

Number of pursuits resulting in accident, injury, death and arrest.

3.

The number and type of vehicles involved in accidents (police, violator,
third party).

4.

A description of individuals injured or killed (police, violator, third party).

5.

The number of violators involved and arrested in pursuit incidents,
including passengers.

6.

The number of pursuits in which an authorized tire deflation device was
used.

VEHICULAR PURSUIT REVIEW
A.

All law enforcement agencies shall establish procedures for the formal review of
all pursuit incident reports.

B.

Pursuit incidents should be reviewed for compliance with applicable policy and
department operating procedures.

C.

Pursuit incidents should also be reviewed to identify the need for remedial
training of individual officers or specific areas of emphasis in agency-wide

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(7/2009)

training regarding pursuit situations and the application of pursuit policies and
procedures.

XI.

D.

Periodic review of pursuit incidents and summary pursuit information should be
conducted in order to identify any additions, deletions or modifications warranted
in departmental pursuit procedures.

E.

Every law enforcement agency shall conduct an investigation when one of its
vehicles collides with another vehicle or any other object during the course of a
pursuit. The investigation shall determine whether the collision could have been
prevented. A copy of the report shall be made available to the county
prosecutor. In every case where the collision could have been prevented, the
report shall set forth the actions taken by the agency to address the cause or
causes of the collision (e.g. remedial training, revision of department policy,
disciplinary action, etc.).

TRAINING

A.

All officers shall attend in-service vehicular pursuit training twice annually.

B.

Vehicular pursuit training shall consist of knowledge of applicable statutes,
familiarization with statewide police pursuit policy and departmental procedures,
decision making skills, and the use of an authorized tire deflation device if
employed by the agency.

C.

An annual report shall be filed with the county prosecutor or, in the case of
certain state law enforcement agencies, with the Director of the Division of
Criminal Justice. The report will confirm in-service pursuit training of all police
officers in conjunction with semi-annual firearm requalification and the use of
force training.

INDIVIDUAL AGENCY POLICIES
Law enforcement agencies may adopt more restrictive policies as to pursuit procedures
or more extensive training and reporting requirements. In the event an agency chooses
to do so, the agency policies and procedures will prevail with respect to applicability to
that agency's personnel.

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(7/2009)

APPENDIX A TO NEW JERSEY POLICE VEHICULAR PURSUIT POLICY
OFFENSES IN ADDITION TO THOSE OF THE FIRST AND SECOND DEGREE
FOR WHICH VEHICULAR PURSUIT MAY BE AUTHORIZED
UNDER SUBSECTION IA(1)(a)

Vehicular Homicide 2C: 11-5
Aggravated Assau It 2C: 12-1 b
Criminal Restraint 2C: 13-2
Aggravated Criminal Sexual Contact 2C: 14-3a
Arson 2C:17-1 b
Burglary 2C:18-2
Automobile Theft 2C:20-2
Theft by Extortion 2C:20-5
Escape 2C:29-5
Manufacturing, Distributing or Dispensing of CDS 2C:35-5b

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(7/2009)

POLICE PURSUIT INCIDENT REPORT
1. Departmen1

2. Incident No.

3. Pursuit date

4. Officer

5. Badge No.

6. Car No.

7. Supervisor notified

8. Badge No.

9.

10. Initiating agency

11 . Initiating officer

12. Location officer became involved

13. Time officer became involved

14. Highest speed

15. Location officer terminated

16. Time officer terminated

17. Approx. distance in pursuit (miles)

18. Wea1her

D

Clear

D

Rain

D

Snow

D

Other

D

Wet

D

Ice or snow

D

Other

D

Highway

19. Road surface

D

Dry

20. Area

D

Residential

D

Commercial

D

Rural

21 . Reason pursuit initiated

D
D
D
D
D

D
D

Traffic violation (describe)
Warrant (describe)

DWI
Stolen Car

Assisting other agency {name)
Suspected criminal involvement (describe)
Other

22. Tire Deflation Device

D

Tire deflation device used

Type

Effect

23. Reason pursuit terminated

D
D

Pursued voluntarily stopped/surrendered
Pursued voluntarily stopped/attempted flight on foot

D
D
D
D

Apprehended
Escaped

Pursued forced to stop/vehicle disabled

D
D
D
D
D

Pursued stopped in accident
Pursued escaped in vehicle
Officer decision
Officer vehicle in accident
Supervisor decision

Other (describe)

24. Number of people injured

#Pursued vehicle
#Third party vehicles

25. Number of people killed

# Police vehicles
# Pedestrians

26. Number of vehicles in accidents

Pursued vehicle
# Third party vehicles

#Pursued vehicle
# Third party vehicles

# Police vehicles
# Pedestrians

27. No. of people in pursued vehicle

28. Number of people arrested

31. Date

32. Reviewed by

# Police vehicles

29. List charges for driver

30. Signature

{DCJ 712009)

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POLICE PURSUIT INCIDENT REPORT
Instructions

1. Department:

Enter the name of the agency involved in the pursuit and completing the report.

2. Incident No.:

Enter the agency's unique number for the incident involving the pursuit.

3. Pursuit date:

Enter the date on which the pursuit occurred (or began if it went past midnight).

4. Officer:

Enter the name of the officer involved in the pursuit and completing the report.

5. Badge No.:
6. Car No.:

Enter the badge number or other identifier of the officer in Block #4.

Enter the car or unit number of the vehicle that the officer in Block #4 used in the pursuit.

7. Supervisor Notified:
8. Badge No.:

Enter the name of the first supervisor who was notified that a pursuit had been initiated.

Enter the badge number or other identifier of the supervisor in Block #7.

9.: This block reserved for use by the agency.
10. Initiating agency:

Enter the name of the law enforcement agency that originally began the pursuit.

11. Initiating officer:

Enter the name of the law enforcement officer who originally began the pursuit.

12. Location officer became involved:
13. Time officer became involved:

Enter the location that the officer in Block #4 became involved in the pursuit.

Enter the time that the officer in Block #4 became involved in the pursuit (use military

time).

14. Highest speed:

Enter the highest speed reached during the pursuit by the officer in Block #4.

15. Location officer terminated:
16. Time officer terminated:

Enter the location that the officer in Block #4 terminated involvement in the pursuit.

Enter the time that the officer in Block #4 terminated involvement in the pursuit (use military

time).

17. Approx. distance in pursuit (miles):

Enter the approximate distance that the officer in Block #4 was involved in the

pursuit. Use miles and tenths of miles.

18. Weather:

Check the box(es) that apply to the weather at the time the officer in Block #4 became involved in the pursuit.

19. Road surface:

Check the box(es) that apply to the road conditions at the time the officer in Block #4 became involved in the

pursuit.

20. Area:

Check the box(es) that apply to the type(s) of area that the pursuit went through during the involvement of the officer in

Block#4.

21 . Reason pursuit initiated:

Check the box(es) that apply to the reason that the pursuit was initiated. If the officer in Block

#4 is different than the officer in Block #11, indicate the reason(s) for which the pursuit originally began.

22. Tire deflation device:

Check if a tire deflation device was used. If a tire deflation device was used, enter the type of

device used (manufacturer and model) and the effect (for example, "2 tires punctured" or "pursued driver evaded device").

23. Reason pursuit terminated:

Check the box( es} that apply to the reason that the officer in Block #4 terminated involvement

in the pursuit.

24. Number of people injured:
25. Number of people killed:

Enter the total number of people injured as a result of the pursuit in each of the categories.

Enter the total number of people killed as a result of the pursuit in each of the categories.

26. Number of vehicles in accidents:

Enter the total number of vehicles involved in accidents as a result of the pursuit in

each of the categories.

27. No. of people in pursued vehicle:

Enter the total number of people in the pursued vehicle at the time that the officer in

Block #4 became involved in the pursuit.

28. Number of people arrested:

Enter the total number of people ·arrested as a result of the pursuit, even if the charges were

not directly related to the pursuit (e.g., a passenger in the vehicle had an outstanding warrant which was discovered after

17

the pursuit).

29. List charges for driver:
30. Signature:

31. Date:

List all of the offenses with which the driver was charged.

Signature of the officer in Block #4.

Enter the date that the report was completed.

32. Reviewed by:

This block can be initialed or signed by a supervisor after reviewing the report.

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POLICE PURSUIT SUMMARY REPORT
Agency

County

Reporting Period

Person completing report

Date completed

I am
Phone number

1. Number of pursuits initiated
2. Number of pursuits resulting in accidents
3. Number of pursuits resulting in injuries (NO DEATHS)

4 . Number of pursuits resulting in death
5. Number of pursuits resulting in arrest

6 . Number of vehicles in accidents

a. Pursued vehicles
b. Police vehicles
c. Third party vehicles

7. Number of people injured
a. Pursued vehicles
b. Police vehicles
c. Third party vehicles
d. Pedestrians

8. Number of people killed

a. Pursued vehicles
b. Police vehicles
c. Third party vehicles
d . Pedestrians

9. Number of people arrested
10. Number of ursuits in which a tire deflation device was used
(DCJ 7/2009)

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