New Jersey tends to be strict when it comes to threats of domestic violence, leading the way to laws like the Final Extreme Risk Protective Order. This order can prevent you from buying or owning firearms. If you are dealing with this type of legal protective order, it is important to consider your options, as well as know the difference between a temporary and final order.
What is an Extreme Risk Protective Order?
An Extreme Risk Protective Order (ERPO), also referred to as the Red Flag Law, is the act of taking firearms from someone, due to the assumption that they pose a danger. With an ERPO, a person is unable to any do any of the following:
- Possess, control, own, purchase, or receive firearms or ammo.
- Secure or hold a firearm purchaser card.
With this risk order, the person is unable to legally buy or own a firearm. If the person owns firearms, they are required to immediately give them up. The ruling is often temporary until the court has the opportunity to further evaluate the cause of the order.
A final ERPO refers to a situation in which the cause has been evaluated and the court has issued a final protective order.
Read more: Can I Get in Trouble for Owning a Gun in NJ?
Who Files an Extreme Risk Protective Order?
An ERPO is filed by someone who believes the person in question is a risk to themselves or others if they own a firearm. This is commonly done in combination with filing a domestic violation restraining order. The person can file the ERPO with the local court in the city or county in which the person resides.
This petition will also often include information about why they believe the person to be a risk, as well as the type and location of any owned firearm. A court reviews the petition and then either approves or denies the request. In most cases, if the request is approved, the court will issue a temporary order.
They will also schedule a court date (usually within 10 days) in which the person has the chance to present a defense on their behalf. If the court believes the request is substantiated, they will issue a final order.
Your Options Following an Extreme Risk Protective Order
Were you served with an Extreme Risk Protective Order? You may have options available. While New Jersey is well-known for being one of the strictest states when it comes to gun regulations, it is not illegal to own a gun here. It is important to consider your options fast though, as you have a limited timeline. In most cases, you have just 10 days until your trial date.
Ignoring this date or not preparing for it can lead to the court issuing a final order, which cannot be changed.
Contact a Criminal Defense Lawyer Today
Do you believe you were wrongly issued an ERPO? You may have options available, but it is important that you discuss your case with a lawyer. A criminal defense lawyer can help you evaluate any defenses available while ensuring that you stay within New Jersey’s timeline. Make sure you take action soon before a temporary ERPO becomes permanent.
Contact an Experienced West Windsor Criminal Defense Lawyer About Your ERPO in New Jersey
Are you dealing with an ERPO? The consequences of one could mean that you are no longer able to own or buy a firearm. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case. The attorneys at the Davis Law Firm, LLC have successfully represented clients charged with an ERPO in Trenton, East Windsor, West Windsor, East Windsor, and throughout New Jersey. Call 609-587-9100 or fill out the online contact form to schedule a consultation with a member of our legal team. We have an office conveniently located at 2653 Nottingham Way, Hamilton Township, NJ 08619.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Disorderly conduct consists of any improper behavior such as fighting, threats of violence, or creating a dangerous atmosphere.