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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.[See Appendix 13]Weapons seized by a police officer 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. 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. 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/Witness Notification Form.
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.When bail is set by a judge when the courts are closed, the officer shall arrange 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.Where the officer deems there is no probable cause to arrest or sign a criminal complaint against the defendant for a violation of no contact court order, the officer must advise the victim of the procedure for completing and signing acivil complaint against the defendant for violations of a court order pertaining to support or monetary compensation, custody, visitation or counselling.The officer should: Where a court order 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 A.2-5 above.The return of service should then be faxed back to the sheriff's department in the issuing county, which in turn must immediately deliver or fax the return of service to the Family Division in the issuing county.
THE ENTRY OF PRE- OR POST-DISPOSITIONAL RESTRAINTS CAN ALSO BE CONSIDERED.