Removal of Extreme Risk Protective Orders in NJ
New Jersey Lawyers for Motion to Remove an Extreme Risk Protection Order
A final extreme risk protective order will prevent a person from obtaining, possessing, or maintaining a gun in New Jersey. In addition, the order will obligate the respondent to surrender any firearms and permits in their possession or have access to. In order to enforce the provisions of the protective order, the Administrative Office of the Courts is required to maintain a registry. After an extreme risk protective order is entered in New Jersey, the person’s name and other pertinent information is placed into the system. The database is confidential and thus, cannot be viewed by the public. However, it can be viewed by law enforcement as a means by which to ensure the order is being followed. Thus, if you apply for a permit after a protective order has been issued, your information will appear and your application will be denied. Also, if the police are contacted and arrive at your home and observe a firearm while there, the officer will likely run a check through the registry to identify any orders. If your name appears, you will be charged with violating the protective order. Nevertheless, a person can petition the court to terminate the order, which in turn, will remove their personal information from the registry.
If you are seeking to terminate a final extreme risk protective order in New Jersey, contact our skilled firearms attorneys at The Tormey Law Firm for the assistance you need. Our lawyers have extensive experience defending against these orders at final hearings, as well as handling appeals and motions to remove an existing protection order. Whether your case arose in Bergen County, Essex County, Morris County, Monmouth County, Passaic County, or elsewhere in New Jersey, contact us at (201) 614-2474 for personalized guidance and answers to your specific questions.
Remove an Extreme Risk Protection Order in New Jersey
To vacate or remove an Extreme Risk Protection Order, one must first submit a motion to the court and inform the party that petitioned for the order in the first place, as well as the county prosecutor’s office. Either party to the case can make an application. However, because the petitioner in the majority of these matters will be a police officer, you should not rely upon the State to make such a request. You can file a motion to terminate a final extreme risk protective order at any point once it is placed into effect.
Upon service of all parties involved, there will be a hearing scheduled, during which the court will consider the motion and decide whether or not it should be granted. The person seeking to terminate the order has the burden of proof. They must demonstrate to the court by a preponderance of the evidence, that they no longer pose a significant danger to themselves or anyone else. The petition must further prove that their ownership or control of a firearm does not present a safety concern. Preponderance of evidence means it is more likely than not that the petitioning party’s assertions are, indeed, true.
The judge may consider any relevant evidence, including whether the respondent has received, or is receiving, any mental health treatment since the issuance of the order. The court will also consider the following factors:
- Is there a history of threats or acts of violence by the respondent directed toward self or others;
- Is the respondent the subject of any other types of protective orders such as restraining orders, sexual assault survivor protective order, or extreme risk protective order;
- Has the respondent violated any of the protective orders
- Has the respondent been arrested, charged with any crimes, or convicted of any crimes
- Does the respondent have any prior arrests or criminal convictions;
- Does the respondent have a history of substance abuse; and
- Has the respondent acquired or attempted to acquire any weapons.
If the court grants the application, the court will enter a new order that vacates the extreme risk protective order. Consequently, the old order will no longer be valid and the person will be removed from the registry.
If an Extreme Risk Protective Order is Terminated, Can I get my Guns Back?
If any firearms were surrendered and an extreme risk protective order is removed by the court, the person may ask for them to be returned. Unfortunately, if any permits were forfeited, the individual will probably have to make a separate application to acquire new ones. Acquiring a new set of gun permits will likely be problematic. To obtain a New Jersey Firearms Purchaser Identification Card and Handgun Purchaser Permit, one must submit an application with their local police department. The application consists of 28 questions directed towards the applicant’s background. The person must also provide the names and contact information of two character references and execute a waiver allowing the police to review the applicant’s medical history. Last but not least, the police will also review the person’s criminal history and investigate whether the applicant had any domestic violence matters.
It’s very important to understand, a criminal history search includes other information besides convictions. Thus, if the case was dismissed, the underlying arrest and charges will appear. The same applies for domestic violent instances. Even if no charges were filed and the restraining was dismissed, the police will still be able to see that something occurred, and it can be used against the applicant. Accordingly, whatever incident or string of incidents that led to the protective order will likely be used to deny a permit.
Nevertheless, if you apply for a permit following the termination of a protective order and it is denied, you have the right to appeal the decision. Also, please keep in mind, you do need a permit to own or possess a firearm in New Jersey. Permits authorize individuals to purchase new guns and carry them in public. It is still illegal to purchase or possess a firearm in New Jersey, without securing the appropriate permits. In fact, unlawful possession of a weapon can lead to serious criminal charges, a felony conviction, and a state prison sentence.
Want to Lift an Extreme Risk Protective Order in NJ
If you wish to have an extreme risk protective order lifted in New Jersey, we can help. Contact our team at (201)-614-2474 to discuss your specific case with a lawyer and learn more about process for getting your gun rights restored. You can reach us anytime and consultations are provided free of charge.