New Jersey Temporary Extreme Risk Protective Order Lawyers

TERPO Attorneys in Clark, NJ Experienced in Temporary Restraining Orders in Essex County, Hudson County, Middlesex County, Union County, and Throughout NJ

When a temporary extreme risk protection order (TERPO) is filed against you, your ability to legally possess firearms in New Jersey is on the line. You need the guidance of experienced New Jersey temporary extreme risk protective order lawyers to ensure you are in full compliance with the terms of the temporary court order and help you fight a final order restricting gun ownership. 

Team Law’s seasoned TERPO attorneys in Clark, NJ, are prepared to represent your interests, but you need to act quickly. If you believe the temporary extreme risk protective order was unfairly or unreasonably filed against you, contact us today for a free initial phone consultation to discuss your rights and options. 

Temporary Extreme Risk Protective Orders in New Jersey 

A TERPO is one kind of extreme risk protective order NJ courts can impose. 

Statute N.J.S.A. 2C:58-20 to 2C:58-32 of state law, known as the Extreme Risk Protective Order Act of 2018, establishes a process by which certain individuals can petition to have one’s firearms removed and their ability to possess or purchase firearms restricted. The person who seeks to file the order is called the petitioner, and the person against whom an order is sought is called the respondent. 

Extreme risk protective orders (ERPOs) that can be imposed under New Jersey law include both the temporary extreme risk protective order (TERPO) and the final extreme risk protective order (FERPO). A TERPO goes into effect immediately once granted, requiring the immediate surrender of all firearms and ammunition to law enforcement. 

NJ’s ERPO Act is what’s known as a “red flag law,” under which petitioners who believe an individual represents a danger to themselves or others can petition to have their firearms seized. The law has been widely used since it went into effect on September 1, 2019. During the first two years after the law went into effect, state courts throughout New Jersey issued more than 300 extreme risk protective orders, the Office of the Attorney General reported. 

What Extreme Risk Protective Orders Mean

If an extreme risk protective order is issued against you, either on a temporary or final basis, you will be prohibited under state law from: 

• Owning firearms or ammunition 
• Possessing firearms or ammunition 
• Purchasing firearms or ammunition 
• Receiving firearms or ammunition 
• Having custody or control of firearms or ammunition

If you currently own or possess guns, you will be required to immediately surrender them to law enforcement once a temporary extreme risk protective order has been issued. 

When you are served notice of a temporary extreme risk protective order issued against you, you also receive notice of the scheduled court hearing at which a judge will decide whether to issue a final extreme risk protective order against you. Having a team of New Jersey temporary extreme risk protective order lawyers preparing your case and representing you in this hearing can help you pursue a favorable outcome. 

How Team Law Can Help With Temporary Extreme Risk Protective Orders

If you’re facing the restrictions of an ERPO, the New Jersey temporary extreme risk protective order lawyers at Team Law are here to help. The petitioner or the prosecution must support their claims that by retaining your ability to legally possess firearms, you may be endangering yourself or others. With thorough case preparation and a robust argument for why the court order is not needed or warranted, we can help you make your case to the judge and improve the likelihood of an outcome in your favor. 

What Must Be Established to Have an Extreme Risk Protective Order Granted

In their petition, the individual seeking to have a TERPO filed against you must provide, in the form of a sworn affidavit, the facts that support their assertion that your possession of firearms represents a danger and the number, types, and locations of any firearms known to be in your possession. 

The court will consider the facts contained in the affidavit and factors such as: 

• Any history of violence or threats on your part
• Any history of use or threats of physical force against others 
• Any prior arrest, pending charges, or convictions for stalking, domestic violence, cruelty to animals, or other violent indictable crimes or disorderly persons offenses 
• Any history of alcohol or drug abuse 
• Any restraining orders, protective orders, or violations of such orders previously filed against you 
• Whether you have recently (within the past six months) acquired a firearm or ammunition 

Even if a judge has granted a temporary extreme risk protective order based on their review of these factors and the petitioner’s affidavit, a robust defense at the final hearing can show that granting a final extreme risk protective order against you would be unwarranted, unreasonable, and unfair. Our TERPO attorneys in Clark, NJ, can help you present a strong case as to why you don’t pose a threat of bodily injury to yourself or others that would warrant issuing the FERPO. 

Our Approach to Extreme Risk Protective Order Hearings 

You don’t have the opportunity to tell your side of the story before a temporary extreme risk protective order is issued in New Jersey, but you do get your day in court before a final extreme risk protective order may be issued. During the final hearing, you can testify before the judge, cross-examine the petitioner’s witnesses, present your own witnesses, and provide any documents or other evidence that supports your argument that the FERPO should not be granted. 

You can and should seek professional legal advice when facing an extreme risk protective order hearing. This hearing is a formal legal proceeding before a judge, the outcome of which can restrict your ability to possess a gun under New Jersey law for years and potentially for the rest of your life. 

An extreme risk protective order attorney at Team Law can help you gather evidence, prepare for the hearing, and present your case to the judge. We approach each restraining order case the same way we approach matters involving formal criminal charges, including: 

• Meticulous investigation 
• Thorough defense strategy preparation 
• Personalized approaches to developing your case 
• A commitment to advocacy and pursuing the most favorable outcome for you

The restoration of your rights matters. We’re ready to fight for you. 

Why Choose Team Law? 

At Team Law, we have a longstanding reputation for providing strong defense services and advocating tirelessly for our clients. Our experience and commitment to providing preliminary advice during a free initial consultation are just a couple of the reasons we stand out. 

Extensive Criminal Defense Experience 

Team Law has been known throughout New Jersey for excellence in legal practice for more than 60 years. We defend the accused against all types of criminal charges, so we have the skills to develop strong defense strategies backed by evidence. This experience is particularly valuable if you may also be facing criminal charges arising out of the allegations the petitioner made against you.

Free Initial Telephone Consultation 

If you’re not sure whether New Jersey temporary extreme risk protective order lawyers will be able to help you or whether hiring a lawyer is worth it for your case, we invite you to take advantage of a free initial phone consultation. This is an opportunity to get your questions answered and find out whether and how an attorney could help in your unique situation. You have nothing to lose by exploring your options. 

Contact New Jersey Temporary Extreme Risk Protective Order Lawyers at Team Law Today for a Free Initial Consultation

Don’t underestimate the impact a temporary extreme risk protective order can have on your future. You could lose your ability to possess firearms in the state. Depending on the outcome of the final hearing, these restrictions may be long-lasting. 

For help from skilled TERPO attorneys in Clark, NJ, contact Team Law online or call us today.

Frequently Asked Questions About Temporary Extreme Risk Protective Orders in New Jersey