Excessive Discipline Protection Database

Officer Involved Domestic Violence

  Far too many officers get jammed up and fired over domestics which occur in their own 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 is in a high stress job, which unfortunately spills over into his personal life.   He is also more prone to have his personal life 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 more than likely has shared another officer's domestic nightmare with his spouse.  The officer's spouse quickly learns 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.  More often than not, a TRO is obtained against the officer usually causing his suspension from the force.  In some instances the Judge  permits the officer to carry his weapon only while on duty.  If a Final  Restraining Order is entered, a Motion will be made by the Prosecutor's office for the officer to forfeit his weapons.  No longer able to carry his firearm, he will be terminated from his employment as a police officer.  The termination will cause both the officer and his family to endure financial hardship and will permanently alter their lives.  All this usually occurs within ten days, not allowing enough time for either party to "cool off" and think rationally about the decisions they are making.  The Judge is left with no option but to error on the side of caution.

Anthony Pope, Esquire advises to immediately consult with an attorney once a TRO is obtained.  If the Judge has taken your weapon from you, have your attorney seek an interim order to permit 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.

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 cause an internal investigation to be initiated 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

2C:51-1

Revocation of Police Officer Certificate

Officer suspended without pay while TRO is being litigated is awarded back pay:

Officer David Szatkiewicz v. Andover Township, OAL Docket # CSV09713-02 

Officer Joseph Gallant v. City of Newark

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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