New Jersey Domestic Violence Lawyer
For Veterans, military personnel and law enforcement, the issuance of a Final Restraining Order (FRO) can be a life changing event. Under the New Jersey Prevention of Domestic Violence Act (N.J.S.A. 2C:25-19), New Jersey prohibits the purchase, ownership, possession or control of a firearm by persons convicted of misdemeanor domestic violence offenses. Basically, if an FRO is entered against you, you are no longer able to carry a weapon and ultimately cannot continue to do your job.
New Jersey allows victims of domestic violence to seek a restraining order against: 1) a spouse, former spouse, or any other person who is a present or former household member; 2) a former or current dating partner or anyone with whom the victim has had a romantic relationship; or 3) any person with whom the victim has a child in common or anticipates having a child in common, if one of the parties is pregnant.
In New Jersey, case law dictates that there must be a predicate act that is the actual offense committed such as assault, stalking, battery, sexual assault and harassment, to name a few. Altogether New Jersey recognizes 19 different crimes that can be used as predicate acts. New Jersey also looks at whether there is a history of domestic violence and whether or not issuing a Final Restraining Order is necessary to protect the person making the complaint.
Firearm Prohibitions for Persons Subject to Domestic Violence Restraining Orders
As soon as a Temporary Restraining Order is entered, the police will confiscate any and all weapons belonging to the accused. If you are in the military or law enforcement, that means for the next days, you will not be able to carry a weapon until a resolution is reached. If a Final Restraining Order is entered against you, your weapons will not be returned.
Within 10 days of the issuance of a Temporary Restraining Order there will be a hearing to determine whether or not a Final Restraining Order is necessary. It is during this time it’s a good idea to contact a law firm such as Citizen Soldier Law to help you defend against a Final Restraining Order. Thomas Roughneen has experience helping both military and law enforcement personnel fight against a Final Restraining Order. Thomas is a Veteran and has a military and criminal law background. Together this team will work to achieve the best possible outcome.
For more information regarding domestic violence and a consult regarding your specific situation, call Citizen Soldier Law at 973-937-6010 where you can trust a vet for all your legal needs.