Keeping New Jersey Employers “SAFE” Criminal Matters Steve Raymond, Esq. Raymond Coleman Heinold & Norman (856)

Reporting Obligations & SAFE Act Generally no affirmative obligation to report crimes, including acts of abuse Exception: New Jersey requires all persons to report suspected child abuse Criminal penalties for failure to report ▫Up to six months incarceration ▫Fines & Penalties

What is Child Abuse N.J.S.A. 9:6-1 & 9:6-8.9 Broad definition ▫Physical ▫Sexual ▫Emotional ▫Abandonment ▫Neglect – Failure to Provide adequate food, shelter, clothing, education or medical care

Relation to SAFE Act Coverage extends beyond employee to child of employee ▫When leave is requested  employer can require documentation of abuse SAFE Act Privacy vs. Title 9 Disclosure ▫SAFE Act allows disclosure when authorized by law ▫N.J.S.A. 9:6-8.13

Other Disclosure Considerations Duty to Cooperate ▫Individual v. Corporation/Employer Part IV of Title 2C – Public Administration ▫Chapter 28 – False Swearing ▫Chapter 29 – Obstruction Compliance with Search Warrants/Grand Jury Subpoenas

Restraining Orders New Jersey does not have civil restraining orders – can only be obtained pursuant to the Domestic Violence Act Issued by the Court – Violation is Contempt, punishable by up to 18 months Provisions will vary on case-by-case basis

Restraining Orders cont’d Temporary vs. Final ▫Temporary obtained ex parte ▫No input or chance to be heard by defendant Same penalties for violation Both TRO and FRO only dissolved by Judicial Order

No Contact Order As Condition of Bail Judge may Order conditions as prerequisite to bail – No contact with victim Do not need any prior “relationship” as required under Domestic Violence Act Still Court Order – Should be handled by place of employment in same manner as Restraining Orders

Conclusion Practical Application Questions Contact ▫Phone: (856) ▫