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Legal Information: New Jersey

Statutes: New Jersey

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August 6, 2021

2C:58-25. Termination of final extreme risk protective order

Upon request of the petitioner or respondent, in a form prescribed by the Administrative Office of the Courts, the court may terminate a final extreme risk protective order issued pursuant to section 5 of P.L.2018, c. 35 (C.2C:58-24) if:

a. the petitioner or respondent, as the case may be, has received notice in accordance with the Rules of Court;

b. the appropriate law enforcement agency and the county prosecutor have been notified; and

c. a hearing has been held by the court.

The petition for termination of the order may be filed at any time following the issuance of the order. During the hearing, the court shall consider the factors enumerated in subsection f. of section 4 of P.L.2018, c. 35 (C.2C:58-23), as well as any other relevant evidence including, but not limited to, whether the respondent has received, or is receiving, mental health treatment.

If the respondent petitioned for termination, the respondent shall bear the burden at the hearing of proving by a preponderance of the evidence that the respondent no longer poses a significant danger of causing bodily injury to the respondent’s self or to other persons by having custody or control of, owning, possessing, purchasing, or receiving a firearm.