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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.