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For Immediate Release:  
For Further Information:
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December 10, 2009

Office of The Attorney General
- Anne Milgram, Attorney General
Division of Criminal Justice
- Deborah L. Gramiccioni, Director

 

David Wald
609-292-4791

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Attorney General Issues Guidelines for Investigating Domestic Violence Incidents Involving Police Officers

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Trenton, NJ -- Attorney General Anne Milgram has issued a model police department policy for handling domestic violence incidents that involve law enforcement officers.

The model policy, supplementing long-standing Attorney General directives related to the seizure of weapons from state, county or local law enforcement officers involved in domestic violence incidents (Directives 2000-3 and 2000-4), is designed to ensure that police departments have in place clear guidelines when investigating domestic violence complaints involving their own officers.

“This model policy should ensure a thorough fact-finding process that is fair to both domestic violence victims and the accused officers by incorporating the involvement of police chiefs and county prosecutors,” Attorney General Milgram said. “It is especially important that victims understand that domestic violence complaints against law enforcement officers are free of any bias during investigations. Victims should not be intimidated to bring domestic violence complaints because the alleged abusers are police officers.”

The policy would apply to all municipal police departments, as well as state and county law enforcement agencies, Milgram said.

The model policy is based on a policy promulgated by the International Association of Chiefs of Police and a report of the NJ Domestic Violence Fatality Review Board. It recommends background investigations for new employees that would screen out candidates with histories of domestic violence or sexual assault. It also recommends psychological examinations of all candidates for law enforcement positions and regular annual training on domestic violence issues and the impact of domestic violence within police departments. Supervisors would be trained on how to recognize early warning signs of domestic violence behavior such as excessive or increased use of force on the job, deteriorating work performance, or alcohol or drug abuse.

The model policy details incident response protocols, reporting and documentation protocols and recommends that any allegations of domestic violence offenses by high-ranking law enforcement officers - police chiefs or police directors -- be referred to prosecutors’ offices for oversight. In addition, if a domestic violence incident involves a law enforcement officer from another county, the chief of police would notify the county prosecutor where the officer is employed. Victim safety and protection measures are also detailed in the model policy.

The full policy is available on-line at www.nj.gov/oag/dcj/agguide/DV-Model-Policy-Final-12-11-09.pdf

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