4.6.12 Special Notifications in Domestic Violence Cases. In cases involving domestic violence, if the decision is made to apply for a complaint-warrant, the application shall clearly state that the offense involves domestic violence, and shall include any relevant information contained in the Domestic Violence Central Registry (e.g., concerning prior issuance or violation of a restraining order). See subsection 4.2.3 (requiring query of Domestic Violence Central Registry) and Section 5.4 (discussing information that may be provided to the court in a Preliminary Law Enforcement Incident Report prepared as part of the process for applying for a complaint-warrant) and subsection 5.1.1 requiring the inclusion of certain information in Affidavits of Probable Cause. Whether the offense is charged by complaint-warrant or complaint-summons, the victim shall, in accordance with the requirements of the Domestic Violence Procedures Manual, be informed how to apply for a restraining order under the Prevention of Domestic Violence Act. This requirement to inform the victim shall not be construed to preclude the officer or prosecutor from seeking imposition of a no-contact or other appropriate restraint as a condition of release on a complaint-warrant as may be required pursuant to subsections 4.6.11 or 6.2.3.
Consistent with the addition of the ODARA considerations in cases of alleged domestic violence, the following paragraph was added to Section “4.14 Training Program and Instructional Materials for Police”:
Actual implementation of the ODARA (i.e., the administration of the ODARA bylaw enforcement officers and the utilization of ODARA scores to frame decision-making in accordance with this Directive) shall begin on November 1, 2017, at which point all law enforcement agencies and County Prosecutors’ Offices will have received training as set forth in this Directive. See subsection 4.6.9.
A new section addressing the ODARA was also added to the AG’s Directive:
5.1.2 Inclusion of Present Domestic Violence Risk Factors and Relevant Circumstances in Affidavit of Probable Cause and/or Preliminary Law Enforcement Incident Report. In domestic violence cases in which the ODARA is administered (see Section 4.6), the Affidavit of Probable Cause and/or the Preliminary Law Enforcement Incident Report shall include concise statements indicating the presence of all risk factors found to exist throw officer’s investigation. For example, if it was determined that the victim was confined during the assault, the Affidavit of Probable Cause and/or the Preliminary Law Enforcement Incident Report shall indicate that the victim was confined. Moreover, in all domestic violence cases (whether the ODARA is scored or note, the Affidavit of Probable Cause and/or the Preliminary Law Enforcement Incident Report shall include circumstances relevant to the risks posed to a victim. See subsection 4.6.10.
