Restraining Orders

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)