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.
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.