Legal Information: New Jersey

Restraining Orders

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Updated: 
November 10, 2022

Who can file for an extreme risk protective order?

If 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 following people are eligible to file a petition for an extreme risk protective order:

  1. the respondent’s family or household member, which includes:
    • the respondent’s spouse or former spouse;
    • the respondent’s domestic partner or former domestic partner;
    • the respondent’s civil union partner or former civil union partner;
    • someone who lives with or has lived with the respondent;
    • someone with whom the respondent has a child in common or is expecting a child; and
    • someone who is dating or has dated the respondent; or
  2. a law enforcement officer.1

Note: The type of petition you file and process you will follow will depend on whom the petitioner is and whether the respondent is a law enforcement officer.2

1 N.J. Stat. § 2C:58-21
2 New Jersey Courts Guidelines for Extreme Risk Protective Orders

 

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