Temporary Extreme Risk Protective Orders in NJ
Temporary Seizure of Firearms under New Jersey Red Flag Laws
Here is a real TERPO case we handled in the Fall of 2025 in Bergen County where we won and the TERPO was dismissed. Here is the client’s review from that case:
Shaquille – 5 stars
“Tormey law firm is A+ deliver as they promise Mr Jeff Skiendziul gave me his word build my confidence and didn’t break it all communication was great”
Our attorneys have valuable knowledge of the laws and procedural requirements in these cases and we are prepared to represent your best interests at your upcoming hearing. We will thoroughly review the situation with you, build the best case in defense of your mental health and safety, and vigorously pursue the return of your weapons. For more information and a free consultation, contact us at (201)-614-2474 now. We are also happy to set up a meeting with you at one of our local offices in Hackensack, New Brunswick, Morristown, Newark, and Middletown. Don’t delay in getting the legal support and advocacy you need, as time in limited before you need to be represented in court.
Who can File for a Temporary Extreme Risk Protective Order in New Jersey?
A Temporary Extreme Protective Order is a temporary order and will remain in place until a hearing can be scheduled by the court. The purpose of the hearing is to determine whether a permanent or final protective order needs to be entered. A temporary order can only be requested by two types of individuals: law enforcement or family and household members. Family and household members are defined as spouses or former spouses, dating or former dating partners, any person who shares a child or expects to share a child with the respondent of the order, and any person who lives or formerly lived in the same household as the respondent. In essence, a person who shares a familial or domestic type of relationship with the respondent. The respondent is the person who is being accused of posing a risk by having access to a firearm.
If a family or household member is the petitioner, the statute provides that the police are required to assist the person in preparing the application. They are obligated to explain the procedures, aid in preparing the documents, and may also join in the petition. However, what typically occurs is the police receive a complaint and based upon the information they receive, file the petition themselves.
Furthermore, it’s important to note, a licensed health care practitioner may contact the police to report a concern. Physicians are under statutory mandate, knowns as the duty to warn, to notify the chief of police if the doctor learns of a threat of future imminent danger from a patient. Upon receiving the report, the chief of police may file a petition for a temporary order so as long as the officer has probable cause to believe that the individual poses an immediate and present danger of causing bodily injury to him or herself, or to others by having control of a firearm.
Where Can I File for a TERPO in NJ?
A petition for a Temporary Extreme Risk Protective Order may be filed at the Superior Court or with the local police. When filing, it is best to proceed to the court if you are filing between 9:00 am and 4:00 pm. If the petition is being sought outside those time frames, the applicant should visit his or her local police department and after speaking to an officer, a Municipal Court Judge will be contacted.
The request for the temporary order must be filed in the same county where the respondent resides. If he or she lives out-of-state, then the petition must be filed in the same county where the petitioner lives. Additionally, if a person mistakenly seeks to file for an order in the wrong location, the police are instructed to contact the correct municipality and have the local agency file the petition on their behalf.
How Do I Apply to Get Someone Else’s Guns Removed in NJ?
Once the person seeking the order is in the proper location, he or she must explain to the police or judge why a protective order is needed. The petitioner should outline their concerns and explain why he or she believes that the respondent poses an immediate and present danger of bodily injury to themselves or to others by controlling a firearm. Additionally, the issue the order, the court is instructed to consider a number of factors set forth under the statute. The factors relate to the respondent’s background such as, any mental health or substance abuse concerns, any prior arrests or convictions, any prior restraining orders or domestic violence related incidents, or any history concerning animal abuse. Thus, if applicable, it’s important to outline those factors to the police or court.
After the preliminary paperwork is complete, the petition will be reviewed by a Judge ex parte, meaning one side only. Because protective orders are deemed emergent matters, there is insufficient time to contact the subject of the order and hold a full hearing. Rather, the court will review the petition, hear testimony from the petitioner, listen to any other witnesses, and review any relevant documents put forward. Based upon the evidence produced, the court will decide whether to enter a temporary order of protection. If the order is granted, a full hearing will scheduled to be heard in 10 days or less.
A Temporary Extreme Risk Protective Order has been Issued Against Me, What Next?
You should consult with and retain an experienced attorney right away. Seeking to get your firearms back is a complex legal matter and the state takes these cases extremely seriously. In fact, the court often airs on the side of caution when considering whether you pose a danger to yourself or others. Thus, you need a lawyer with a comprehensive understanding of the laws in New Jersey and what can be done to protect your constitutional rights.
If you become subject to a Temporary Extreme Risk Protective Order (TERPO), be aware you do not have to actually own firearms to have your second amendment rights compromised. People become subject to TERPO because there is a belief that they would pose a significant risk of committing bodily injury to either themselves or others by being in possession of a firearm. Causing actual harm, with or without a weapon, is not a prerequisite. It is the risk of committing injury that is the question based on the alleged conduct that is at issue. So if you become subject to a TERPO, don’t let the fact that you don’t own firearms or weapons lead you to believe that this can be resolved in your favor. Also, if you move outside of New Jersey, this TERPO can follow you depending where you relocate. If you become subject to a TERPO, it is important to take action right away to protect your second amendment rights, even if you don’t presently own firearms or plan on moving out of New Jersey anyway. Don’t let a New Jersey TERPO compromise your rights in the future even if you move out of New Jersey or plan on buying firearms in the future.
Frequently Asked Questions (FAQ) Regarding Temporary Extreme Risk Protective Orders (TERPO) in NJ
FAQ: What is a Temporary Extreme Risk Protective Order (TERPO)?
A TERPO is an Order signed by a judge that prohibits you from owning, possessing, purchasing, or carrying firearms. These orders are signed by judges and imposed because there is a belief that someone would pose an immediate risk of either harming themselves or others by being in possession of or having access to firearms or weapons. These orders are temporary in nature and only intended to last a few days before you are scheduled to hear your case before a judge, who will then determine if there is enough evidence to prove that you would pose a significant risk of committing bodily injury to yourself or others by having access to firearms or weapons. This is a bench trial, meaning no jury and there is no public defender appointed to you if you can’t afford an attorney as these matters are civil in nature.
FAQ: How does someone become subject to a terpo?
People can become subject to a TERPO for a variety of reasons. Most common reasons include what people say and do, either online or in public. For instance, your posts on social media, depending on the content, can subject someone to a TERPO. Expressing thoughts of hurting others or yourself can subject someone to a TERPO, even if the thoughts are not written down. People can become subject to a TERPO even as a collateral, or secondary, consequence of other actions, and can be issued even if they are facing other adverse legal consequences. For instance, if you become charged with a criminal offense, or named as a Defendant in a
Temporary Restraining Order (TRO), you can also become subject to a TERPO because of the allegations that led to you being charged criminally or being named as a Defendant in a TRO. If that happens, the dismissal of one charge or a TRO does NOT automatically dismiss a TERPO, as there are a separate set of standards that need to be addressed before a judge and prosecutor on different dates and times.
FAQ: Can I know ahead of time if someone wants to subject me to a TERPO?
Not necessarily, meaning that when someone wants to subject another person to a TERPO, they go before a judge and petition, or ask them, to subject you to a TERPO. This is often done ex parte, meaning in secret where the other person won’t know that someone is trying to subject them to a TERPO until the TERPO is granted and they are served with a copy of the TERPO. The recourse available to a person who becomes subject to a TERPO is to go to court and contest the TERPO.
FAQ: What do I do if I become subject to a TERPO?
Go to court before a judge and object to having a TERPO issued against you. When it’s the first time you are going before a judge, you will be issued a set of warnings and given broad procedural outlines on how the process of determining whether a TERPO will be granted as a FERPO or denied. You will be told you can’t own or possess firearms while subject to a TERPO, and that if you violate the TERPO by possessing or purchasing firearms, you would be subject to additional criminal charges of contempt, or violation of a court order. These are bench trials, meaning there is no jury as the judge hearing the case acts as the jury, or trier of
fact. These are civil proceedings, meaning there is no public defender. You either pay for an attorney to represent you, or you go without one. You should also be given the chance to at least speak to an attorney and try to hire one before proceeding. You should also get a copy of any discovery or evidence, that the prosecutor has in their possession that they would try to use against you when presenting their case to the judge.
FAQ: What happens when I go to court to handle the TERPO?
After the first appearance is handled, discovery provided to you and reviewed, and you are told to return to court, you will proceed to the trial which will determine whether the TERPO will be a Final Extreme Risk Protective Order (FERPO) or if it will be dismissed. You and the prosecutor will be able to make an opening statement explaining your respective positions, then proceed to call witnesses to testify in support of your respective positions, ask questions of them (cross-examination), present documentary evidence in support of your positions, make legal objections when appropriate, and a closing argument to summarize why your position should prevail. The judge then makes a decision to either GRANT the FERPO or to DENY the prosecutor’s request to grant a FERPO and dismiss the TERPO.
FAQ: What do I do if the TERPO against me is dismissed?
If you prevail, congratulations. If you were issued a TERPO and do NOT own firearms, then get a copy of the Order Denying the TERPO and keep it for your records. Nothing further for you to do. If you do own firearms, then get a copy of the Court Order, and make the necessary arrangements so that you can retrieve your property (firearms, firearms accessories, permits, etc…). Then there is nothing further for you to do.
FAQ: What do I do if the TERPO issued against me becomes Final?
If you do NOT prevail, and you become subject to a FERPO, you can appeal the decision, or object to a higher court called the Appellate Division. You have forty-five (45) days from the time the FERPO is issued to appeal on time, where you file a Notice of Appeal, letting the higher court know you object, pay the filing fees, order transcripts of the hearing date(s), and explain why the trial court made the wrong decision. You would then receive a scheduling order, or list of due dates when briefs must be filed, including a response to the brief filed by the Prosecutor’s office which explains why the lower court made the right decision to issue a FERPO. After all briefs are received and reviewed, the Appeals court makes a decision to uphold or overturn the FERPO.
FAQ: If a FERPO is issued against me and my appeal is denied, is there another way to remove it?
There is a procedure in place that allows you to remove a FERPO once it is issued by showing the court that you are no longer a significant risk of committing bodily harm to yourself or others by having access to firearms. You must show a change in circumstances between the time the FERPO was issued and the time that you are asking the court to remove the FERPO, and it often includes a forensic psychological evaluation which supports the proposition that you are no longer a risk to yourself or others by having access to firearms. This is done by way of motion, or asking the court to take action to remove the FERPO.
FAQ: Important information to remember regarding TERPO’s in NJ:
- You don’t have to reside in New Jersey to become subject to a TERPO or FERPO. If the alleged conduct occurred in New Jersey that shows you are a significant risk to commit bodily injury to yourself or others, then you are going to have your case heard in the county where the alleged conduct took place.
- You don’t have to be an adult to be subject to a TERPO or FERPO. Juveniles under the age of 18 can be subject to a TERPO or FERPO, as the issuance of these Orders are based on whether an individual poses a significant risk of committing bodily harm to themselves or others by having access to firearms. There is no age minimum, and the parents of juveniles can be at risk as well of losing their Second Amendment rights on the basis of the allegations made against their children.
- You don’t have to own firearms to be subject to a TERPO or FERPO. It is the alleged conduct of the individual, regardless of whether a firearm is actually used, any bodily harm or property damage occurs, that determines if a TERPO is used. Even if you don’t own firearms or don’t wish to own firearms, you can still be subject to a TERPO and the consequences of the TERPO or FERPO can follow you outside of the courtroom.
- There may be other legal issues that attach to you if you have a TERPO, such as Domestic Violence (TRO) or criminal charges. If you have either criminal charges or a TRO, the underlying TRO or criminal charge(s) need to be resolved first, as the outcome of criminal charges or a TRO have a direct impact on the outcome of the TERPO, whereas the outcome of the TERPO may not have any bearing on the outcome of either a TRO or criminal charge.
- Moving out of New Jersey may not resolve the issue of being subject to a FERPO and protecting your second amendment rights, as some states will still deny you your ability to lawfully being able to exercise your second amendment rights based on being subject to a FERPO in New Jersey.
Need a Lawyer for Extreme Risk Protective Order Firearms Case in NJ? Contact us Today
If you have concerns regarding a loved one with access to weapons or if you yourself have been served with a temporary extreme risk protective order, please contact our office at your earliest convenience for assistance. Our attorneys represent individuals on both sides of TERPO weapons seizure cases and we will stand on your side in pursuit of your desired outcome. Contact us at (201)-614-2474 to discuss your case with one of our talented weapons attorneys in New Jersey.