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Warrants are issued under certain circumstances. They are
usually issued when an individual violates an order of the
Court, an individual fails to appear in Court, or as part
of a Criminal Complaint.
Issuance
of Warrants R 7:2-2(b)
A
summons rather than arrest warrant shall be issued if the
defendant is a corporation, partnership or unincorporated
association. If the defendant is an individual, a summons
rather than a warrant shall issue unless the judge or duly
authorized Municipal Court Administrator or Deputy Court
Administrator finds that:
- The
defendant has failed to respond to a summons; or
-
There is reason to believe that the defendant is dangerous
to himself or herself, to others, or to property; or
- There
is one or more outstanding arrest warrants for the defendant;
or
-
The address of the defendant is not known, and the arrest
warrant is necessary to subject the defendant to the
jurisdiction of the Court; or
-
The defendant cannot be satisfactorily identified; or
-
There is reason to believe that the defendant will not
appear in response to the summons.
Domestic
Violence
NJ
Judiciary Web Site - Domestic Violence
The
New Jersey Domestic Violence Act provides for two forms
of relief to a victim of domestic violence: Civil relief,
which is in the form of obtaining a restraining order, a
Temporary Restraining Order
(TRO) or later, a Final
Restraining Order, (FRO), and criminal relief,
which allows a victim to file criminal complaints against
the batterer.
Any
complaint associated with a violation of the The
Prevention of Domestic Violence Act of 1991, N.J.S.A.
2C:25-17 et seq. must be issued on a warrant.
ANY
VIOLATION OF A TRO OR FRO, THE ISSUANCE OF A WARRANT IS MANDATORY
Failure
to Appear after Summons. R 7:2-2(c)
If
a defendant who has been served with a summons fails to
appear on the return date, an arrest warrant may be issued
pursuant to law and Rule 7:8-9.
Procedures
on Failure to Appear. Rule 7:8-9(a)
If
a defendant is any case before the Court fails to appear
or answer a complaint, the Court may either issue a warrant
for the defendant's arrest in accordance with R 7:2-2(c)
or issue and mail a failure to appear notice to the defendant
on a form approved by the Administrative Director of the
Courts.
If
a failure to appear notice is mailed to the defendant and
the defendant fails to comply with the provisions, a warrant
may be issued in accordance with R 7:2-2(c).
Driving
Privileges, Report to Division of Motor Vehicles. Rule 7:8-9(b)(1)
Non-Parking
Motor Vehicle Cases. If the Court has not issued an arrest
warrant upon the failure of the defendant to comply with
the Court's failure to appear notice, the Court shall report
the failure to appear or answer to the Division of Motor
Vehicles on a form approved by the Administrative Director
of the Courts within 30 days of the defendant's failure
to appear.
If
the Court elects, however, to issue an arrest warrant, it
may simultaneously report the failure to answer to the Division
of Motor Vehicles on a form approved by the Administrative
Director of the Courts.
Driving
Privileges, Report to Division of Motor Vehicles. Rule 7:8-9(b)(2)
All
Other Cases. In all other cases, whether or not an arrest
warrant is issued, the Court may order the suspension of
the defendant's driving privileges or the defendant's nonresident,
reciprocity privileges or prohibit the person from receiving
or obtaining driving privileges until the matter is adjudicated,
or otherwise disposed of.
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