Most people are aware of the option or ability for victims and survivors of domestic violence to obtain a restraining order against their abuse under New Jersey’s Prevention of Domestic Violence Act (PDVA) N.J.S.A. 2C:25-17 et seq. An extremely significant safety protocol incorporated by law into the restraining order process is the search and seize of weapons, including firearms and firearms identification cards, from the alleged abuser. If the restraining order is made permanent, the adjudicated abuser loses the ability to legally own firearms outright.
But what happens in family matters where an individual is not necessarily a victim of domestic violence but has concerns about the presence of firearms in the home? When a loved one is suffering from mental health or substance abuse issues, safety may be a primary concern, without the desire to have the individual removed, just have the firearm removed. Fortunately, the law recognizes the need to seize firearms, even in the absence of a restraining order.
This is where Extreme Risk Protective Orders (ERPOs) become important. The Extreme Risk Protective Order Act of 2018 (the act), N.J.S.A. 2C:5 8-20 to -32, created a civil process for certain classes of “petitioners” to apply for an ERPO to prohibit an individual from obtaining or possessing firearms, ammunition, firearm identification cards or related permits. The procedures set forth by the legislature were modeled largely from the process by which victims obtain restraining orders under PDVA and bear many similarities.
Under the act there are four groups of petitions that can be made for a temporary ERPO:
- Family or household members, such as a mother, adult child or co-parent of an individual exhibiting an immediate danger to themselves or others by possessing a firearm.
- Law enforcement officers against an individual exhibiting such behaviors.
- A law enforcement agency against an officer in its employment.
- Non-family or household members can request that a law enforcement agency petition for the ERPO.
All records relating to ERPOs are confidential.
It is important to note that ERPOs should not be seen as a substitute or replacement for a Final Restraining Order (FRO) in terms of safety or protection for victims of domestic violence. FROs provide significant additional reliefs beyond the prohibition on firearms, such as possession of a shared residence, and presumptions of residential custody. However, ERPOs are still an important tool in finding safety in New Jersey.
