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09-Dec-2017 10:49

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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 II. 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 should attempt to gain possession of the weapon. The victim may file A domestic violence complaint 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; Where transportation of the victim to the Superior Court is not feasible, the officer should telephone the designated court by telephone for an emergent temporary restraining order in accordance with established procedure.If the weapon is not in plain view but is located within the premises 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. If the police officer believes that a no-contact order should be issued, 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 victim should be referred to the Family Division Case Management Office to pursue this civil enforcement of the court order.Encouraging ethical practices is an important way for the State Bar to prevent and discourage attorney misconduct.Probable cause to arrest also may be established when the police officer observes manifestations of an internal injury suffered by the victim.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.

AN UNEMANCIPATED MINOR WHO COMMITS AN ACT OF DOMESTIC VIOLENCE MAY NOT BE PROSECUTED AS A DOMESTIC VIOLENCE DEFENDANT BUT CAN BE PROSECUTED UNDER THE JUVENILE DELINQUENCY LAWS.There are four (4) kinds of civil injunction petitions that can be filed with the Clerk of Court in your county: domestic violence, sexual violence, dating violence, and repeat violence.Each type has different requirements based on your relationship with the other person, and what occurred.THE ENTRY OF PRE- OR POST-DISPOSITIONAL RESTRAINTS CAN ALSO BE CONSIDERED.

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 any impairment of physical condition.Once service on the defendant is attempted, successfully or unsuccessfully, the return of service portion of the TRO (located on the back of the last page of the multipart TRO form) 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.



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