Not always, the police have no authority to issue a Temporary Restraining Order. The alleged victim of Domestic Violence or Domestic Assault is the only entity that can seek a Temporary Restraining Order.
A Superior Court judge or Municipal Court judge is the only entity that can issue a Temporary Restraining Order.
Consider the following example: A husband strikes his wife and causes a bloody nose. She calls 911 and the police arrive to the residence.
The police see visible sign of injury, which is the wife’s bloody nose. The wife tells the police that the husband hit her, causing the bloody nose.
In this circumstance, the police are required under New Jersey law to charge the husband with Simple Assault.
At this time, the police will ask the wife if she wants to apply for a Temporary Restraining Order. The police cannot force the wife to do so.
If the wife refuses to apply for a Temporary Restraining Order, there is no Restraining Order. However, the husband is charged with the criminal offense of Simple Assault.
In the above example, the husband is charged with a criminal offense, but no Restraining Order was issued.
If you or a family member have been arrested for Domestic Violence in New Jersey, call me at 732-625-9661.