The justice system has a bad reputation for being slow. People in need sometimes take their protection into their own hands because they do not trust law enforcement or courts to act quickly. However, there are many different orders a court can quickly grant for your protection. One such order is a temporary extreme risk protection order (TERPO).
As the name implies, a TERPO does not last forever and is only intended for extreme cases. Specifically, a temporary extreme risk protection order is meant to apply to cases where a petitioner feels like they are in immediate danger, and the respondent is known to have firearms in their possession. In some cases, the order can be made permanent.
If you are afraid of someone who owns firearms, and you believe those firearms might be used against you, speak with our New Jersey attorneys for filing temporary extreme risk protection orders. The Lombardo Law Group, LLC staff can conduct a free case review before beginning work on the order. Call (609) 445-4300 for assistance.
Reasons to File a Temporary Extreme Risk Protection Order in New Jersey
There are numerous orders a person could file for if they believe their safety is threatened. Some orders are connected to criminal cases, particularly domestic violence cases, while others are civil and do not require criminal charges to be filed. As mentioned above, a temporary extreme risk protection order may be filed when you feel threatened and the respondent owns firearms, creating a very dangerous situation.
Although the order does not need to be connected to a criminal case, many victims of domestic violence file for these orders after their spouse or partner is arrested on domestic violence charges. Most defendants are likely released on bail, which means a domestic violence defendant could come after their victim. A TERPO can be used to not only keep the defendant away from you but prevent them from accessing deadly weapons and firearms. Remember, your spouse or partner does not have to be arrested and charged for you to file for this order. If you feel threatened, call our attorneys for temporary extreme risk protection orders immediately.
Temporary extreme risk protection orders may be necessary if the respondent has access to weapons. A respondent who owns or possesses firearms will be required to surrender those firearms to law enforcement for as long as the TERPO is effective.
Who Can File a Temporary Extreme Risk Protection Order in NJ?
While you are permitted to take the steps necessary to file a petition for a TERPO, other people can also do so on your behalf. Depending on who files the petition, the process may differ somewhat.
You can certainly get the ball rolling on your own petition. If you live in the same household as the respondent and feel your safety is in jeopardy because of the presence of firearms, you can petition for a protective order.
However, law enforcement officials can also start the petition on your behalf. If a police officer, in their investigation of a domestic violence dispute, has probable cause to believe the respondent is an immediate threat to your safety, they can file the petition. This is common in cases where the victim might be reluctant to come forward or is otherwise unable to file the petition themselves due to incompetence or infirmity. Talk to our New Jersey attorneys for temporary extreme risk protection orders for more information.
Criteria for Filing for a Temporary Extreme Risk Protection Order in NJ
The main criteria for a TERPO are the presence of firearms and violence. The petitioner must allege that they fear their life and safety, and the respondent is known to own, carry, or otherwise have access to dangerous firearms. However, when filing the petition, you must include evidence to support your claims.
According to N.J.S.A. 2C:58-23, the court will look for evidence that meets the following specific criteria:
- A history of threats or violence from the respondent directed at the petitioner or others,
- A history of physical force used by the respondent,
- Whether the respondent is also bound by other restraining or protective orders under the Prevention of Domestic Violence Act,
- Whether the respondent is bound by or has violated a final protective order under the Sexual Assault Survivor Protection Act,
- The respondent’s previous arrests, charges, or convictions for violent offenses stalking, or domestic violence,
- A history of cruelty to animals by the respondent, or
- Recent acquisition of firearms by the respondent.
The evidence presented in court is not limited to the criteria listed above. You may have additional evidence unique to your case that demonstrates the violent nature of the respondent. For help collecting evidence to support your petition for a protective order, call our New Jersey attorneys for temporary extreme risk protection orders.
How Long Can a Temporary Extreme Risk Protection Order in New Jersey Last?
The precise duration of a temporary extreme risk protection order may vary from case to case. According to the above-mentioned statute, the order lasts until the court issues another order. Essentially, the order is not permanent but may last for as long as the court deems necessary. In some cases, the order can actually become permanent.
A TERPO may last for as long as the case against the respondent continues. In many cases, the temporary order may be revisited at the end of the case. If you believe the order is still necessary, you can speak to law enforcement and prosecutors about filing for a permanent order. If you want to file a petition for a TERPO, call our New Jersey attorneys for temporary extreme risk protection orders immediately.
Call Our Attorneys for filing a Temporary Extreme Risk Protection Order
If you believe you are in immediate danger from a household member who possesses dangerous firearms, our New Jersey attorneys for temporary extreme risk protection orders can help keep you safe. Call the Lombardo Law Group, LLC at (609) 445-4300 for a free case review.
