Defending NJ 2C:25-21. Arrest for domestic violence.
After you read the following NJ Criminal Statute (Arrest for domestic violence) you may decide that you need the help of a lawyer, or need a legal interpretation of how this statute applies to your case. The firm of Villani & DeLuca has experienced criminal lawyers with over 20 years of experience, including a former municipal prosecutor. Call the number above for a free 24×7 phone consultation or read more about the domestic violence charge.
NJ Statute: 2C:25-21. Arrest of alleged attacker; seizure of weapons, etc.
a. When a person claims to be a victim of domestic violence, and where a law enforcement officer responding to the incident finds probable cause to believe that domestic violence has occurred, the law enforcement officer shall arrest the person who is alleged to be the person who subjected the victim to domestic violence and shall sign a criminal complaint if:
(1)The victim exhibits signs of injury caused by an act of domestic violence;
(2)A warrant is in effect;
(3)There is probable cause to believe that the person has violated N.J.S.2C:29-9, and there is probable cause to believe that the person has been served with the order alleged to have been violated. If the victim does not have a copy of a purported order, the officer may verify the existence of an order with the appropriate law enforcement agency; or
(4)There is probable cause to believe that a weapon as defined in N.J.S.2C:39-1 has been involved in the commission of an act of domestic violence.
b.A law enforcement 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 where none of the conditions in subsection a. of this section applies.
c. (1) As used in this section, 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. 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.
(2)In determining which party in a domestic violence incident is the victim where both parties exhibit signs of injury, the officer should consider the comparative extent of the injuries, the history of domestic violence between the parties, if any, and any other relevant factors.
(3)No victim shall be denied relief or arrested or charged under this act with an offense because the victim used reasonable force in self defense against domestic violence by an attacker.
d. (1) In addition to a law enforcement officer's authority to seize any weapon that is contraband, evidence or an instrumentality of crime, a law enforcement officer who has probable cause to believe that an act of domestic violence has been committed shall:
(a)question persons present to determine whether there are weapons on the premises; and
(b)upon observing or learning that a weapon is present on the premises, seize any weapon that the officer reasonably believes would expose the victim to a risk of serious bodily injury. If a law enforcement officer seizes any firearm pursuant to this paragraph, the officer shall also seize any firearm purchaser identification card or permit to purchase a handgun issued to the person accused of the act of domestic violence.
(2)A law enforcement officer shall deliver all weapons, firearms purchaser identification cards and permits to purchase a handgun seized pursuant to this section to the county prosecutor and shall append an inventory of all seized items to the domestic violence report.
(3)Weapons seized in accordance with the “Prevention of Domestic Violence Act of 1991”, P.L.1991,c.261(C.2C:25-17 et seq.) shall be returned to the owner except upon order of the Superior Court. The prosecutor who has possession of the seized weapons may, upon notice to the owner, petition a judge of the Family Part of the Superior Court, Chancery Division, within 45 days of seizure, to obtain title to the seized weapons, or to revoke any and all permits, licenses and other authorizations for the use, possession, or ownership of such weapons pursuant to the law governing such use, possession, or ownership, or may object to the return of the weapons on such grounds as are provided for the initial rejection or later revocation of the authorizations, or on the grounds that the owner is unfit or that the owner poses a threat to the public in general or a person or persons in particular.
A hearing shall be held and a record made thereof within 45 days of the notice provided above. No formal pleading and no filing fee shall be required as a preliminary to such hearing. The hearing shall be summary in nature. Appeals from the results of the hearing shall be to the Superior Court, Appellate Division, in accordance with the law.
If the prosecutor does not institute an action within 45 days of seizure, the seized weapons shall be returned to the owner.
After the hearing the court shall order the return of the firearms, weapons and any authorization papers relating to the seized weapons to the owner if the court determines the owner is not subject to any of the disabilities set forth in N.J.S.2C:58-3c. and finds that the complaint has been dismissed at the request of the complainant and the prosecutor determines that there is insufficient probable cause to indict; or if the defendant is found not guilty of the charges; or if the court determines that the domestic violence situation no longer exists. Nothing in this act shall impair the right of the State to retain evidence pending a criminal prosecution. Nor shall any provision of this act be construed to limit the authority of the State or a law enforcement officer to seize, retain or forfeit property pursuant to chapter 64 of Title 2C of the New Jersey Statutes.
If, after the hearing, the court determines that the weapons are not to be returned to the owner, the court may:
(a)With respect to weapons other than firearms, order the prosecutor to dispose of the weapons if the owner does not arrange for the transfer or sale of the weapons to an appropriate person within 60 days; or
(b)Order the revocation of the owner's firearms purchaser identification card or any permit, license or authorization, in which case the court shall order the owner to surrender any firearm seized and all other firearms possessed to the prosecutor and shall order the prosecutor to dispose of the firearms if the owner does not arrange for the sale of the firearms to a registered dealer of the firearms within 60 days; or
(c)Order such other relief as it may deem appropriate. When the court orders the weapons forfeited to the State or the prosecutor is required to dispose of the weapons, the prosecutor shall dispose of the property as provided in N.J.S.2C:64-6.
(4)A civil suit may be brought to enjoin a wrongful failure to return a seized firearm where the prosecutor refuses to return the weapon after receiving a written request to do so and notice of the owner's intent to bring a civil action pursuant to this section. Failure of the prosecutor to comply with the provisions of this act shall entitle the prevailing party in the civil suit to reasonable costs, including attorney's fees, provided that the court finds that the prosecutor failed to act in good faith in retaining the seized weapon.
(5)No law enforcement officer or agency shall be held liable in any civil action brought by any person for failing to learn of, locate or seize a weapon pursuant to this act, or for returning a seized weapon to its owner.
L.1991,c.261,s.5; amended 2003, c.277, s.1.
Summary of the NJ Domestic Violence Law
The typical domestic violence arrest begins when a law enforcement officer responds to an incident and finds probable cause that domestic violence has occurred because a person claims to be a victim of such violence. The officer then arrests the individual who is alleged to be the person who performed the domestic violence and a criminal complaint is signed. However, there are many factors that need to be taken into consideration when being charged with domestic violence. Is there a warrant already in effect? Does the victim show visual signs of injury? Is there probable cause that a weapon is involved? There are many sides to every story, and at Villani & DeLuca, we will take the time to listen to the facts of your case. If you have been charged with domestic violence, the knowledgeable and experienced attorneys at Villani & DeLuca can help you understand your rights.
What the State Needs to Prove for a DV Conviction
In order to properly arrest someone for committing domestic violence in New Jersey, an officer must first report to an alleged incident of domestic violence, find probable cause to believe that such violence occurred to the victim, and then file a complaint on behalf of the victim against the suspect. During such arrest, the officer is permitted to question individuals about the presence of any weapons. If weapons are found on the premises, the State can seize them temporarily during the domestic violence proceeding, but may permanently revoke the weapons from the defendant in certain circumstances. Often times, domestic violence incidents come along with numerous criminal charges, depending on the type of incident that occurred. It is important to hire a lawyer who can help you mitigate the penalties you may face if convicted of one or many of the possible charges.
Defending a Domestic Violence Charge in NJ
If you have been charged with domestic violence, New Jersey courts takes this extremely seriously and so should you. Domestic violence is a crime and police must respond to every call by an alleged victim. They are also required to arrest an individual whether there are visible signs of abuse or not. A restraining order will typically follow and you may be prevented from seeing your children or being in your own home. Your defense is to call Villani & DeLuca. Make the call to (732) 709-7757 today for a free consultation so you can proceed in defending your domestic violence charge in the appropriate way.
What's at Risk if Found Guilty of Domestic Violence?
In New Jersey, an individual convicted of domestic violence may face anything from a restraining order to possible criminal charges which can result in jail time. You may be removed from your home, as well as dealing with the social stigma attached to such a conviction. The professionals at Villani & DeLuca are well-versed in criminal law and want to help you. For a comprehensive evaluation of your charges, please call us anytime at (732) 709-7757 to speak to an experienced criminal lawyer.
AKA: NJ Criminal Charge 2C:25-21, Violation 2C:25-21, Offense 2C:25-21
Disclaimer: A copy of this statute has been provided for your information. This wording was current from the NJ website lis.njleg.state.nj.us as of August 2012.