2C:25-31 Contempt, law enforcement procedures.
15.Where
a law enforcement officer finds that there is probable cause that a
defendant has committed contempt of an order entered pursuant to the
provisions of P.L.1981, c.426 (C.2C:25-1 et seq.) or P.L.1991, c.261
(C.2C:25-17 et seq.), the defendant shall be arrested and taken into
custody by a law enforcement officer. The law enforcement officer shall
follow these procedures:
The
law enforcement officer shall transport the defendant to the police
station or such other place as the law enforcement officer shall
determine is proper. The law enforcement officer shall:
a.Conduct
a search of the domestic violence central registry and sign a complaint
concerning the incident which gave rise to the contempt charge;
b.Telephone
or communicate in person or by facsimile with the appropriate judge
assigned pursuant to this act and request bail be set on the contempt
charge;
c.If
the defendant is unable to meet the bail set, take the necessary steps
to insure that the defendant shall be incarcerated at police
headquarters or at the county jail; and
d.During
regular court hours, the defendant shall have bail set by a Superior
Court judge that day. On weekends, holidays and other times when the
court is closed, the officer shall arrange to have the clerk of the
Family Part notified on the next working day of the new complaint, the
amount of bail, the defendants whereabouts and all other necessary
details. In addition, if a municipal court judge set the bail, the
arresting officer shall notify the clerk of that municipal court of this
information.
L.1991,c.261,s.15; amended 1994, c.94, s.7; 1999, c.421, s.5