Domestic Violence & Police Response in New Jersey

What survivors may experience when domestic violence is reported to police in New Jersey.

When Police Get Involved: What Often Happens Next

When Police First Arrive

Police processes vary across Canada, and each situation is different. The information below is general and not legal advice.

• Police will usually try to check immediate safety first: injuries, weapons, and anyone else present (including children or other adults).
• They may separate people to ask what happened and to reduce conflict.
• They may speak with neighbours or others who may have seen or heard something.
• They may look at visible injuries, property damage, or messages (texts, emails, social media) if you choose to show them.
• They may run checks for past police calls, existing court orders, or probation conditions.

Arrest vs. Making a Report

What an Arrest Means

An arrest is when police take someone into custody because they believe a criminal offence may have been committed.

• Police decide whether to arrest based on what they see, what people tell them, and any evidence or injuries.
• In many parts of Canada, policies encourage or require police to lay charges in relationship-violence situations when there is evidence of a crime, even if the person affected does not want charges.
• If someone is arrested, police may release them later with conditions, or hold them for a bail hearing.

What Making a Report Means

Making a report is when details of what happened are given to police, even if there is no immediate arrest.

• You can usually give information about threats, past incidents, or ongoing harassment, even if you are not asking police to arrest someone that moment.
• Police may take notes, create a file number, and ask follow-up questions later.
• They may give information about safety planning, shelters, or other supports.
• They may decide later to investigate further or lay charges, depending on what they learn.

How a Criminal Complaint and Charges Often Work

Terms can be confusing. People may say “pressing charges,” “laying a complaint,” or “making a statement.” The basic steps often look like this, though details differ by region:

1. Statement and Initial Report

• Police may ask you to give a detailed statement about what happened and when.
• They may ask about past incidents, threats, weapons, and any witnesses.
• You can usually ask for an interpreter if you are more comfortable in another language.

2. Investigation

• Police may collect photos, medical records (with your permission), messages, call logs, or other evidence.
• They may interview the person who is accused and any witnesses.
• Based on the information, police decide whether to recommend criminal charges.

3. Laying Charges

• Depending on the province or territory, charges may be laid by police or by a Crown prosecutor.
• Charges are laid in the name of the government, not in your personal name. The case becomes “the Crown” (or “the Queen/King”) against the accused person.
• Once charges are laid, the decision to continue, change, or drop charges is usually made by prosecutors, not by the person harmed.

4. Your Role in the Criminal Process

• You may be called as a witness later, especially if the case goes to trial.
• You usually have the right to be informed about key court dates and outcomes, especially in violent offence cases.
• You may be able to share how the situation has affected you in a victim impact statement if the person is found guilty or pleads guilty.

No-Contact and Other Release Conditions

When someone is charged or arrested, there are often conditions placed on them when they are released from custody. These are sometimes called “no-contact orders,” “undertakings,” or “bail conditions.” Names and forms vary by region.

What No-Contact Conditions May Include

• No direct contact with you (in person, by phone, text, email, or social media).
• No indirect contact through friends, family, or others, unless a court makes an exception (for example, about children).
• No going to specific places, like your home, workplace, school, or other listed locations.
• Rules about substance use, weapons, or staying within a certain area.

If You Are Contacted Anyway

• Even if you agree to contact, the person with the condition may still be breaking the order if they reach out.
• Police usually decide how to respond if no-contact conditions appear to be broken.

How No-Contact Conditions Interact with TROs and FROs

In some parts of Canada, there are civil or family court protection orders, sometimes called Temporary Restraining Orders (TROs), Final Restraining Orders (FROs), or similar terms. Exact names and rules depend on the province or territory.

Two Different Systems

• Criminal conditions come from a criminal charge or bail/release process, and are enforced by police as part of a criminal case.
• Civil or family protection orders (such as TROs or FROs) come from family or civil court, separate from criminal charges.
• It is possible to have both at the same time, and they may not always match in wording.

If Orders or Conditions Conflict

• Sometimes a family court order about parenting time or contact with children may seem to conflict with a criminal no-contact condition.
• Police usually enforce the criminal conditions first, but responses can vary by region and by officer.
• Courts may need to adjust one order so that both can work together more clearly.

Keeping Copies and Information

• Keeping copies (paper or digital) of any no-contact conditions, TROs, FROs, or other orders can help if you need to show them to police or service providers.
• If you move or travel within Canada, having copies can help explain conditions to police in another area.

If You Are Unsure About Next Steps

It is common to feel uncertain about involving police, making a report, or continuing with a criminal complaint. Options can include:

• Asking police non-emergency lines general questions about process, without naming the other person at first.
• Talking with a community-based support worker or advocate about safety planning, emotional impact, and practical options.
• Contacting legal information services or legal clinics in your province or territory for plain-language explanations of your rights and responsibilities.

Recommended Articles

• Staying Safer with Phones, Email, and Social Media
• Safety Considerations in Ontario
• How Police May Use Digital Evidence
• Understanding Ontario Court Orders
• Documenting Incidents Safely Online