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Keeping New Jersey Employers “SAFE”

Keeping New Jersey Employers “SAFE”. Criminal Matters Steve Raymond, Esq. Raymond Coleman Heinold & Norman (856) 222-0100 seraymond@rclawnj.com. Reporting Obligations & SAFE Act. Generally no affirmative obligation to report crimes, including acts of abuse

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Keeping New Jersey Employers “SAFE”

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  1. Keeping New Jersey Employers “SAFE” Criminal Matters Steve Raymond, Esq. Raymond Coleman Heinold & Norman (856) 222-0100 seraymond@rclawnj.com

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. Conclusion • Practical Application • Questions • Contact • Phone: (856) 222-0100 • E-mail: seraymond@rclawnj.com

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