2. Discretionary Arrest
Additionally, pursuant to N.J.S.A. 2C:25-21b, a law
enforcement officer may arrest a person, sign a criminal
complaint against that person, or may do both, where
probable cause exists to believe that an act of domestic
violence has been committed, but where none of the
conditions in subsection a. of this section applies.
a. Construction of term “exhibits”
Under this provision, “exhibits” is to be liberally
construed to mean any indication that a victim has
suffered bodily injury, including physical pain or any
impairment of physical condition. Furthermore, where
the victim exhibits no visible sign of injury, but states that
an injury has occurred, the officer should consider other
relevant factors in determining whether there is probable
cause to make an arrest. N.J.S.A. 2C:25-21c(1).
b. Determination of which Party in a Domestic Violence Incident is the Victim
In determining which party in a domestic violence
incident is the victim where both parties exhibit signs of
injury, the law enforcement officer should consider the
comparative extent of the injuries, the history of domestic
violence between the parties, if any, and any other
relevant factors.
c. Actions in Self-defense by a Victim of Domestic Violence
No victim shall be denied relief or arrested or charged
under the Domestic Violence Act with an offense because
the victim used reasonable force in self-defense against
domestic violence by an attacker. N.J.S.A. 2C:25-21c.
See also State v. Kelly, 97 N.J. 178 (1984) (discussing
domestic violence and self-defense under Battered-
Woman’s Syndrome).
3. Probable Cause
When responding to a domestic violence incident, a
police officer need not check upon a dispatcher’s assertion
that a temporary restraining order is in effect on the
perpetrator of domestic violence. State v. Scott, 231 N.J.
Super. 258, 272 (App. Div. 1989) (Ashbey, J.,
concurring and dissenting), rev’d on concurring and
dissenting opinion below, 118 N.J. 406 (1990). In
responding for a radio call for help, a police officer is
entitled to rely upon the information he was given
through the radio dispatch as sufficient to meet the
necessary statutory elements for probable cause to arrest.
Id.Additionally, information provided by a private
citizen, corroborated by police observations may provide
probable cause for the police to arrest a perpetrator of
domestic violence. Wildoner v. Borough of Ramsey, 162
N.J. 375, 390-92 (2000). See State v. Krivoshik, 289 N.J.
Super. 132 (Ch. Div. 1995) (addressing issuance of
warrant for arrest or summons under the Domestic
Violence Act).B. Seizure of Weapons
N.J.S.A. 2C:25-21d(1) states that in addition to a
law enforcement officer’s authority to seize any weapon
that is contraband, evidence or an instrumentality of
crime, a law enforcement officer who has probable cause
to believe that an act of domestic violence has been
committed may question persons present to determine if
any weapons are on the premises and upon observing or
learning that a weapon is present on the premises, seize
any weapon that the officer reasonably believes would
expose the victim to a risk of serious bodily injury.1. Searches pursuant to the Domestic Violence Act
The Domestic Violence Act is subject to the
constraints of the Supremacy Clause, Art. IV, and the
Fourth Amendment of the United States Constitution
and Art. I, ¶ 7 of the New Jersey Constitution which
guarantees the right of people to be free from
unreasonable searches and seizures. State v. Younger, 305
N.J. Super. 250, 258 (App. Div. 1997). Thus, the
authority conferred upon law enforcement officers by the
Domestic Violence Act to determine if any weapons are
on the premises of a domestic violence incident and to
seize any weapons observed or learned about that pose a
risk of harm to the domestic violence victim must be
construed consistently with both the federal and state
Constitutions. Id.The permissible scope of search that officer may
undertake pursuant to the Domestic Violence Act to find
a weapon upon being informed that there might be one
on premises will depend upon the circumstances,
including extent and nature of officer’s probable cause to
believe that there is dangerous weapon on premises and
degree of exigency of situation, if any. Id. The scope of
the search, however, is limited by the object of the search.
Id. Authority granted to law enforcement officers by