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Domestic Violence actions are governed in New Jersey by the State's Prevention of Domestic Violence Act N.J.S.A. 2C:25-17 et seq. In Domestic Violence cases, typically a Temporary Restraining Order (TRO) will be issued after there is a dispute in the household, or between a "qualifying" couple. Under N.J.S.A. 2C:25-21(d), the Domestic Violence Act authorizes the police to confiscate the weapons from the defendant if they have reason to believe that domestic violence had taken place.
The TRO will have a hearing date to determine if a Final Restraining Order should issue. This hearing is a summary hearing and the Court has to find three factors in order to issue the Final Restraining Order (FRO):
If the Court finds all three, an FRO will issue. The FRO will subject the defendant to restraints, a fine between $50 and $500, and New Jersey’s Domestic Violence Central Registry. Also, if you own a firearm, your firearms will be seized until there is a Confiscation Hearing, and then they will most likely order the defendant to forfeit the weapons in which case they must be sold to an authorized dealer.
If you are facing a FRO hearing you need to hire an experienced attorney who has brought these cases to trial. Call us at (973) 812-0385 for more information.
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Benevento Law Firm LLC represents clients in Cedar Grove, Verona, Montlclair, Clifton, Ringwood, Paterson, Pompton Lakes, Passaic, Wanaque, Wayne, North Haledon, Hawthorne, Little Falls, Woodland Park, West Milford, Bloomingdale, Totowa, Haledon, Prospect Park, Bloomfield, Hackensack, Passaic County, Essex County, Morris County, Bergen County, Hudson County, Somerset County and throughout New Jersey.
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