|
|
COMMUNITY
POLICING 
NJ Laws
The Cedar Grove Police Department recognizes and accepts its duty and responsibility to provide the proper protection to all victims of domestic violence.
A fundamental duty of a police officer is to protect life and property. Frequently, violence against a person is the result of a domestic situation. Therefore, it shall be the policy of the Cedar Grove Police Department to enforce all laws that will allow the police officer to intervene in a domestic violence or the threat of physical violence or deterring the possibility of physical violence against any person.
The official response to domestic violence will communicate the attitude that violent behavior will not be excused or tolerated. Said response will make clear that the existing criminal laws and civil remedies created under this act will be enforced without regard to the fact that the violence grows out of a domestic violence situation.
Definition:
Domestic Violence is the occurrence of one or more of the following acts inflicted upon a person protected by the Prevention of Domestic Violence Act by an adult or emancipated minor:
1.
Homicide
2. Assault
3. Terroristic Threats
4. Kidnapping
5. Criminal Restraint
6. False Imprisonment
7. Sexual Assault
8. Criminal Sexual Assault
9. Lewdness
10. Criminal Mischief
11. Burglary
12. Criminal Trespass
13. Harassment
14. Stalking
Note: An unemancipated juvenile who commits a criminal offense against a person protected by the Prevention of Domestic Violence Act may not be prosecuted as a domestic violence defendant but may be prosecuted under the juvenile delinquency laws. The entry of pre or post dispositional restraint against the juvenile should be considered. The issue of juvenile emancipation is relevant only to the filing of civil domestic violence complaints.
Victim of Domestic Violence
This means a person protected by the Act. It includes any person:
1. Who is 18 years of age or older, or
2. Who is an emancipated minor and who has been subjected to domestic
violence by a spouse, former spouse or any other person who is a present
or former household member, or
3. Who, regardless of any 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
4. Who, regardless of age, has been subjected to domestic violence by
a person with whom the victim has had a dating relationship. A victim
may be below the age of 18. The domestic violence assailant must be
18 years of age or older or emancipated at the time of the offense.
Note: There is no distinction made in the definition of victim by sex, age, physical or psychological condition. An act of domestic violence may occur between tow persons of the same sex, whether related or not, and upon the elderly or disabled. The common denominators determining eligibility to be protected by the Prevention of Domestic Violence Act would be:
-
Present or former spouse; or
Present or past household members; or
Parenthood or pregnancy in common; or
Dating relationship
Domestic Violence Act Violations
Police officers must immediately respond to any call wherein domestic
violence is alleged to be occurring.
A police dispatcher receiving a call for police assistance in a domestic
violence case should endeavor to obtain as much information as possible
to ensure the safety of the victim and the responding police officers.
At a minimum the dispatcher should ask:
-
The identity and telephone number of the caller.
Location of domestic violence incident.
Whether a crime is in progress.
Whether a weapon is involved.
Whether anyone has been injured; whether an ambulance is needed.
Name of parties involved in domestic violence incident.
Whether children are present.
The whereabouts of the assailant. If the assailant is not at the scene of the domestic violence incident, the dispatcher, should try to obtain information regarding the assailant's direction of travel, the time the assailant left the scene and the assailant's address.
Whether alcohol or drugs are involved.
Whether there have been previous reports of domestic violence at that location.
Whether any restraining orders are in effect.
When time allows, the dispatcher should check the cross-reference file of incidents by name and address to determine whether there were any prior incidents between the parties, and if so, whether weapons or injuries were reported. The responding police should be advised accordingly.
Arrest Policy
Where there is probable cause to believe that an act of domestic violence has occurred as defined by law, the police officer must arrest under the following circumstances:
-
1. A warrant is in effect.
2. There has been a violation of a temporary or final restraining order and there is a probable cause to believe that the person has been served with the order alleged to be violated.
3. There is probable cause to believe the following offenses have been committed:
-
Aggravated assault or simple assault where physical injury is present
Sexual assault
Criminal sexual contact
Kidnapping
Criminal restraint
Terrorisitc threats
Criminal mischief (damage in excess of $500.00)
Burglary
Stalking
-
-
4. Wherever there is a probable cause to believe a weapon is involved in the commission of an act of domestic violence.
5. Wherever a threat has been made in the presence of an officer that puts the victim in fear of bodily injuries.
West Essex Domestic Violence Response Team
The Cedar Grove Police Department has always provided the victims of
Domestic Violence with the utmost support and assistance, in addition
to any statutory or prosecutorial requirements. As such, the Cedar Grove
Police Department shall expand its response to cases of Domestic Violence
by the use of the West Essex Domestic Violence Response Team when necessary.
West Essex Domestic Violence Response Team (DVRT)
This team is comprised of highly trained civilian volunteers who assist victims of Domestic Violence by rapid intervention operating under the auspices and direction of The Safe House of Essex County.
A DVRT member is a civilian volunteer who has completed the required minimum forty (40) hours of Domestic Violence training. The DVRT Coordinator is responsible for overseeing all of the DVRT members.
A Domestic Violence Police Coordinator is a sworn police officer chosen by the Chief of Police to serve as the DVRT liaison.
The DVRT Intervention Awareness Form is a supplemental form that is to be completed in all Domestic Violence incidents. The form is an acknowledgment form that is to be read and signed by the victim indicating that they have been provided with the opportunity to speak with a DVRT member.