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Legal Information: New Jersey

Restraining Orders

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Updated: 
July 14, 2020

What types of orders are there? How long do they last?

There are two types of extreme risk protective orders: temporary extreme risk protective orders and final extreme risk protective orders.

Temporary extreme risk protective orders – The judge will issue a temporary extreme risk protective order if s/he believes that the respondent poses an immediate and present danger of bodily injury to himself/herself or others by possessing, purchasing, owning, or receiving a firearm. The judge can issue a temporary extreme risk protective order ex parte, which means that the respondent is not present and doesn’t have notice of the case. The judge may ask you questions under oath and question any witnesses that you bring to the hearing.1 The temporary extreme risk protective order will remain in effect until the hearing for the final order, which must be held within ten days of the date that you filed the petition.2

Final extreme risk protective orders – A final extreme risk protective order can be issued after the respondent receives notice and has the opportunity to be present for a hearing in court. The respondent will have the chance to present evidence and testimony to the judge. The judge will issue a final extreme risk protective order if s/he finds that the respondent poses an immediate and present danger of bodily injury to himself/herself or others by possessing, purchasing, owning, or receiving a firearm.3

A final extreme risk protective order remains in effect until the petitioner or respondent requests that the judge end the order. The request to end the order can be filed any time after the final extreme risk protective order is issued. If the respondent requests to end the order, s/he must prove to the judge that s/he no longer poses a danger of bodily injury to himself/herself or others by possessing, purchasing, owning, or receiving a firearm.4

1 N.J. Stat. § 2C:58-23(d)
2 N.J. Stat. § 2C:58-24(a)
3 N.J. Stat. § 2C:58-24(d)
4 N.J. Stat. § 2C:58-25; see Petition for Termination of Final Extreme Risk Protective Order