If you are concerned that a family member, loved one, or friend poses an imminent risk to themselves or others, you can take action today to prevent that risk from becoming a reality. New Jersey law contains certain “red-flag” provisions that help curtail dangerous situations. One such provision is the Temporary Extreme Risk Protection Order (TERPO).
When a New Jersey court grants a Temporary Extreme Risk Protection Order, the government has the ability to seize an individual’s firearms until the situation is resolved or a hearing for a permanent measure is held. Petitioners should be prepared to answer certain questions about the respondent’s history of criminal conduct, behavior with firearms, and mental health status, amongst other factors.
If you are considering petitioning the courts for a TERPO, the situation is already critical. You deserve serious and expedient legal assistance that matches the seriousness of your situation. At the Lombardo Law Group, LLC, our experienced lawyers for filing a Temporary Extreme Risk Protection Order can provide you with a free first-time case assessment when you call today at (609) 445-4300.
Temporary Extreme Risk Protection Orders in Haddonfield
In 2018, the State of New Jersey passed new legislation that created the TERPO, one in a series of “red-flag” measures that were created with the intention of preventing foreseeable harm. A TERPO is a tool that can be used to remove dangerous firearms from the possession of individuals who might otherwise use them for violent or malicious purposes, causing danger to them and those around them.
As the name implies, a TERPO is a temporary measure to avoid danger and does not last forever. Rather, the TERPO is only meant to be in effect until the date of a hearing in a New Jersey court. At the hearing, the court will determine whether permanent measures will be necessary under the circumstances. You may want to have one of our Haddonfield attorney for filing a Temporary Extreme Risk Protection Order with you at the time of the hearing.
Process of Filing a Temporary Extreme Risk Protection Order
To institute a TERPO, an official petition must be filed with the Criminal Division of the Superior Court of New Jersey. Generally, there are only two categories of people that can petition for a TERPO: a family or household member of the individual in question or a law enforcement officer. In some cases, a person who is not a family or household member may request that a law enforcement officer file the petition.
If a family or household member is filing the petition, they may do so at the Criminal Division of the Superior Court during regular hours (8:30 a.m. to 4:30 p. m., Monday through Friday) or at their local law enforcement agency. If you choose to request a petition at a law enforcement agency, it is best to identify one that operates within the area that the individual named in the petition (or “respondent”) lives and/or works. Health care practitioners such as psychologists and psychiatrists may also make requests to law enforcement that a TERPO petition be filed.
When you file your TERPO petition, the staff at the location where you file will conduct an interview and submit their findings together with the petition into the Protective Restraining Order System (PROS). You may have a Haddonfield attorney for filing a Temporary Extreme Risk Protection Order present with you at the time that you interview, though it is not necessary to submit your petition.
Contents of a Petition for a Temporary Extreme Risk Protection Order in Haddonfield
When someone submits a petition, the court will evaluate it based on a litany of specific circumstantial factors to determine whether to issue the TERPO. Below are the factors which you should be prepared to talk about if you plan to petition for a TERPO.
- Respondent’s history of threats or acts of violence directed towards themselves or others
- Respondent’s history of use or threats of force against others
- Any outstanding restraining orders or violations of restraining orders by the respondent
- Respondent’s prior arrests, charges, or convictions (specifically, violent crimes, domestic violence, and stalking)
- Respondent’s prior history with cruelty to animals
- Respondent’s history of substance abuse and recovery
- Respondent’s recent acquisition of firearm or ammunition
- Respondent’s reckless use of a firearm
- Respondent’s history of involuntary commitment to a treatment facility for a psychiatric condition
- Status of current or past mental health treatment
- Diagnosis of a mental health disorder
- Any failure to comply with mental health treatment
- Any current or previous temporary or permanent extreme risk protective orders issued against the respondent
- Respondent’s compliance or noncompliance with past temporary or permanent extreme risk protective orders
If you need more assistance preparing an effective petition, you can get the help that you need from our Haddonfield attorneys for filing a Temporary Extreme Risk Protection Order.
Appealing a Denial of a Temporary Extreme Risk Protective Order
Most petitions for TERPOs with legitimate grounds and evidence are granted. However, there are some unfortunate situations where a Municipal Court judge denies the petition. In these situations, you are not simply out of options. You have the ability to request an immediate hearing in front of a Superior Court judge.
These hearings are typically conducted over the phone to ensure that the case is handled swiftly, in light of the emergency situation at hand. The Superior Court judge will examine the petition “de novo,” which is the legal way of saying that they will use fresh eyes, without being swayed by the Municipal Court judge’s decision. Even if the Superior Court judge also denies the petition, the petitioner still has the right to appeal that decision to the Appellate Division of the New Jersey court system within 45 days.
Dealing with appeals is an area which our Haddonfield attorneys for filing a Temporary Extreme Risk Protection Order have plenty of experience. Typically, if an otherwise valid petition is denied, there might be some small alterations or details left out that your lawyer can help you identify.
Talk to Joseph Lombardo About Your Temporary Extreme Risk Protective Order Petition Today
We can help you utilize all of your legal options for preventing future harm to yourself or your loved ones. Call the Haddonfield attorneys for filing a Temporary Extreme Risk Protection Order at Lombardo Law Group, LLC today at (609) 445-4300.
