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:
- 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
- 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