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EspañolHow do I get an extreme risk protective order?
The steps to get an extreme risk protective order are similar to the steps to get a domestic violence restraining order, but you will fill out different forms. When filing for an extreme risk protective order, your petition must include:
- a sworn statement (affidavit) that includes the facts that cause you to believe that the respondent poses an immediate and present danger of bodily injury to himself/herself or others;
- the reasons you believe these facts exists; and
- the number, types, descriptions, and locations of any firearms and ammunition you believe to be in the respondent’s control or possession.1
1 N.J. Stat. § 2C:58-23(b)
How will a judge make a decision about whether to grant the order?
A judge can issue an extreme risk protective order if the judge 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. When deciding whether to grant a temporary or final extreme risk protective order, a judge will consider multiple factors including evidence of whether the respondent:
- has any history of making threats or acting violent towards himself/herself or others;
- has any history of attempted, threatened, or use of physical force against another person;
- has or had a temporary or final domestic violence restraining order issued against him/her;
- violated a temporary or final domestic violence restraining order;
- has or had a temporary or final sexual assault restraining order issued against him/her;
- violated a temporary or final sexual assault violence restraining order;
- has any previous arrests, pending charges, or convictions for a violent crime, disorderly persons offense, or stalking offense;
- has any previous arrests, pending charges, or convictions for cruelty to animals or any history of cruelty to animals;
- has any history of drug or alcohol abuse and recovery from drug and alcohol abuse; or
- recently got a firearm, ammunition, or other deadly weapon.1
1 N.J. Stat. §§ 2C:58-23(f); 2C:58-23(c)
What happens if the respondent violates the order?
If the respondent violates an extreme risk protective order, s/he can be convicted of a crime of the fourth degree.1 A person convicted of a fourth degree crime could face:
- a permanent felony charge on his/her record;
- potential probation;
- up to 18 months in State Prison;
- up to 364 days in the county jail; and/or
- up to a $10,000 fine.2
1 N.J. Stat. §§ 2C:58-29; 2C:29-9(e)
2 N.J. Stat. §§ 2C:43-3; 2C:43-6
