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Preliminary Investigation. Interview victim & suspect separately. Ask victim if there is history of abuse. If children at scene, interview them separately.
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(Primary Investigation Guidelines)
Determine location and condition of victim Determine if suspect is still at 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
Interview victim & suspect separately Ask victim if there is history of abuse If children at scene, interview them separately Distinguish primary aggressor from victim, if both injured Note & document emotional & physical condition of parties involved Note demeanor of suspect Note torn clothing by both parties If victim is a woman, note smeared makeup Note signs of injury on victim Note any excited utterances by any parties present 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
Determine if victim has restraining order Was restraining order served on suspect Determine if suspect in violation of court
If criteria for mandatory arrest present, arrest suspect 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 statement
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
Transport victim to hospital, if necessary Obtain copy of EMT report Obtain medical release from victim, if appropriate
3 Maintain objectivity in reporting 3 Avoid personal opinions 3 Report details, not conclusions __ Ensure that elements of all involved criminal offenses are included in report __ Describe in detail nature of criminal offense involved Document any injuries that victim suffered Document any injuries that suspect suffered Document past history of violence Record spontaneous statements as stated by parties - do not paraphrase Record reasons why weapons were seized for safekeeping
This card, prepared by the Division of Criminal Justice, provides guidelines for officers responding to domestic violence incidents. This DV checklist is intended to assist officers by highlighting common investigative procedures.
Victim of Domestic Violence - N.J.S.A. 2C:25-
3 Any person who is
Victim shows signs of injury caused by an act of domestic violence A warrant is in effect Defendant has violated no contact order Defendant used or threatened to use a weapon
When both parties are injured, officer should determine which party was the domestic violence assailant. Officer should consider
Comparative extend of injuries suffered History of domestic violence between parties The nature or type of wounds sustained Other relevant factors
3 Officer must keep in mind that a person has a right to defend self if attacked by another person
Federal law requires out-of-state restraining orders be recognized and enforce as if they were issued by a court where the violation occurred.
a. If named defendant committed a criminal offense under New Jersey law against victim and violated the court order, officer should
Arrest defendant and Sign criminal complaint against defendant for criminal offense committed and for contempt of court order, N.J.S.A. 2C:29-9a
b. If named defendant committed no criminal offense but violated out-of- state order, officer should
determine if court order is facially valid. Order considered facially valid if order contains names of correct parties, and order has not expired victim stated that named defendant appeared in court or had notice to appear in court when order issued arrest defendant for violation of court order, N.J.S.A. 2C:29-9a
c. If victim does not have copy of out-of- state court 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 New Jersey Domestic Violence Act had been met and if a criminal offense had been committed, and/or explain to victim procedure to obtain domestic violence restraining order in New Jersey.
Where no immediate need for police action, officer should refer victim to appropriate court so victim may seek
of-state court order.
Officer should determine if defendant violated federal law in committing act of domestic violence.
Did defendant cross state line or enter or leave Indian country to commit domestic violence with intent to injure, harass, or intimidate that person’s spouse or intimate partner, and who, in 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 Indian country to commit any of above offenses?
Did defendant cross state line or enter or leave Indian country with intent to violate domestic violence restraining order
Did defendant cause another to cross state line or to enter or leave Indian country 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