DOMESTIC VIOLENCE
Officer
Involved Domestic
Violence
Far
too many officers get jammed up and fired over domestics which occur in
their personal lives. Don't be one of them.
The
dynamics of
officer involved domestics are as complex as police work. A
police officer
is more prone to domestics as he/she is in a high stress job which
unfortunately spills over into his personal life.
Similarly, his/her personal life is brought into the legal
system as this is the area where he spends most of his time.
Spouses and significant others are well aware of the ramifications that
filing a complaint would cause the officer as the officer
has shared another officer's domestic nightmare with
his spouse. Spouse's quickly learn that
threatening
to
file a complaint, even if it is false, quickly gives them the
upper hand in a domestic confrontation.
As
emotions and
tempers flair, rash decisions are made. Once made, it is hard
to
unmake them or to control the damage caused by them. At the
very
least an internal investigation is initiated. If the local
police are called, a TRO is offered and, if obtained, will lead to an
immediate suspension from the force. Laws dictate the removal
of all weapons from the officer, this causes the officer to be deemed
unfit for duty which further complicates the matter.
If
a
Final Restraining Order is entered, a Motion will be made by
the Prosecutor's office to forfeit the weapons. No
longer able to carry a firearm, termination will
follow shortly thereafter. The termination will
permanently alter the lives of both
the officer and his family, financial hardship ensues. There
usually is not a sufficient cooling off period between the issuance of
the Temporary Retraining Order and the Final Order to rationally
consider the ramifications. The Judge is
left
with no option but to error on the side of caution.
If a TRO has been entered
against you, call an attorney immediately.
Ask your attorney to file for an Interim Relief which
will allow you to carry your
weapon on duty. If the offense is a disorderly persons
offense, request administrative duties until the hearing for the Final
Restraining Order. Have the hearing for the final
order POSTPONED for as long as possible to allow for the gathering of
evidence, preparation of witnesses, etc. If a Final
Restraining Order is granted, you will be years in the appeal process.
The
best way to
handle these situations is to be prepared for them.
A
spouse
will
usually threaten to obtain a restraining order or to make a "report" to
the officer's supervisor prior to actually following through with the
action. These
incidents need to be well documented when they
occur. The
officer needs to report the threat to someone he
can
trust. Ideally this
would be a supervisor in his Department,
however, if reporting the incident will initiate an internal
investigation the officer may chose instead to confide in a
fellow
officer.
Documentation
is the best defense in these
situations. Having an Internal Affairs investigation
conducted that shows no wrong doing on behalf of the officer will
protect him against false complaints in the future. If
possible, get the threat on tape.
Be
warned, even if the restraining order is dropped, the Prosecutor's
office can still refuse to return your weapon to you.
In
the Matter of Return of Weapons to J.W.D. (A-84-96)
N.J.S.A.
40A:14-149.1 provides:
Notwithstanding
any other law to the contrary, whenever any municipal police officer is
charged under the law of this State, another state, or the United
States, with an offense, said police officer may be suspended from
performing his duties, with pay, until the case against said officer is
disposed of at trial, until the complaint is dismissed, or until the
prosecution is terminated; provided, however, that if a grand jury
returns an indictment against said officer, or said officer is charged
with an offense which is a high misdemeanor or which involves moral
turpitude or dishonesty, said officer may be suspended from his duties,
without pay, until the case against him is disposed of at trial, until
the complaint is dismissed or until the prosecution is terminated.
NJ
Attorney
General Guidelines, Police Involved Domestics
Appeal of FRO to the Appellate Division
Constance
Cornish v. Officer Bruce Cornish, A-0269-05T5 (App. Div 2006)
Dulio
v. Stanhope Borough, CSV5461-05, OAL/NJ
Officer
Hawkins
v. Juvenile Justice Commission, CSV2814-05 OAL/NJ
Officer
suspended
without pay while TRO is being litigated is awarded back pay:
Officer
David Szatkiewicz v. Andover Township, OAL Docket # CSV09713-02
* IMO Juan Carlos Barroso v. New Jersey Transit Police NJT09259-09 (OAL/NJ)
In the Mattor of Joseph
Sanger, City of Newark Police Department, CSV11695-08 (OAL/NJ)
IN THE MATTER OF SGT. ROBERT
ANSTATT 4355, POL1645-08(OAL/NJ)
IN THE MATTER OF TROOPER
JEFFERY ANDREWS 5891, POL07957-06(OAL/NJ)
Officer
Joseph
Gallant v. City of Newark, CSV10288-00 OAL/NJ
Goffney
v. City of Camden, CSV106-02 (OAL NJ)
MacNeil
v. Township of Sparta, CSV3770-02 (OAL NJ)
Cassidy
v. Township of Scotch Plains, CSV05283-03 (OAL NJ)
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