Domestic Violence Offense Reports in New Jersey
New Jersey Domestic Violence Offense Reports
Jersey City & Hackensack Domestic Violence Attorneys Serving Hudson, Bergen, Morris County and across New Jersey
2C:25-24 Domestic Violence Offense Reports
A police officer responding to a call about a domestic violence offense must investigate the incident and write a report with detailed information. The report must then be forwarded to the bureau of identification in the appropriate county, as well as the NJ State bureau of records and the NJ Division of State Police in the Department of Law and Public Safety.
Additionally, the domestic violence offense report is sent to the municipal court where the alleged offense occurred unless the case has been transferred to the superior court. If the underlying predicate act of domestic violence is considered a disorderly persons or petty disorderly persons offense, such as simple assault or harassment, the report will be sent to the municipal court. On the other hand, if it is an indictable crime such as terroristic threats, the domestic violence report will be sent to the superior court.
The information included in the domestic violence offense report includes:
- The relationship of the parties;
- The sex of the parties;
- The time and date of the incident;
- The number of domestic violence calls investigated;
- Whether children were involved, or whether the alleged act of domestic violence had been committed in the presence of children;
- The type and extent of abuse;
- The number and type of weapons involved;
- The action taken by the law enforcement officer;
- The existence of any prior court orders issued pursuant to this act concerning the parties; and
- Any other data that may be necessary for a complete analysis of all circumstances leading to the alleged incident of domestic violence.
Domestic Violence Offense Documentation in NJ
The alleged victim in a domestic violence case has the right to pursue civil and criminal action against the defendant. They may decide to take the civil route by filing a temporary restraining order (TRO) and/or to pursue the criminal path by filing criminal charges. Notably, a police officer at a domestic violence scene can also file a criminal complaint against the wishes of the victim if the officer has probable cause to believe an act of domestic violence occurred. The domestic violence offense report is not typically used in a restraining order proceeding unless the officer comes to court to testify as to its contents. Simply using a report that was written by a police officer without that officer in attendance is considered hearsay.
Notably, New Jersey compiles an Annual Domestic Violence Report based on all of the domestic violence offense reports submitted to the New Jersey Uniform Crime Reporting System by every law enforcement agency in the state. The identities and information included in individual reports must remain confidential unless provided by law.
Consult Hoboken NJ Domestic Violence Offense Lawyers
If you are accused of domestic abuse in New Jersey, the damage to your life can be catastrophic. If the person accusing you obtains a permanent restraining order or you are convicted of a domestic violence offense, your life can change for the worse in an instant. At The Tormey Law Firm, our attorneys fight false allegations on behalf of clients in Morristown, Elizabeth, Bayonne, Hoboken, Freehold, and throughout New Jersey. Contact us anytime at (908)-336-5008 for more information. Consultations are always provided free of charge.
