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Legal Information: New Jersey

Restraining Orders

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July 14, 2020

Who can file for an extreme risk protective order?

You 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. Additionally, to file for an extreme risk protective order, you must be:

  • a law enforcement officer; or
  • 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; or
  • someone who is dating or has dated the respondent.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