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Published byRonald Nelson Modified over 9 years ago
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Keeping New Jersey Employers “SAFE” Criminal Matters Steve Raymond, Esq. Raymond Coleman Heinold & Norman (856) 222-0100 seraymond@rclawnj.com
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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
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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
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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
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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
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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
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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
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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
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Conclusion Practical Application Questions Contact ▫Phone: (856) 222-0100 ▫E-mail: seraymond@rclawnj.com
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