Weapons Hearing Lawyer in Hudson County, NJ
Domestic violence cases are, by nature, very personal and emotionally charged. To protect all those involved, New Jersey law requires the seizure of weapons from a person who has been charged with a domestic violence related offense. To do so, police follow strict protocols when a domestic violence complaint is made. If you are accused of domestic violence in New Jersey, you may be surprised to learn that the State can seize any firearms and weapons in your possession. If your weapons were taken in connection with a domestic violence complaint or temporary restraining order, it is vital that you consult an experienced defense lawyer immediately. The skilled attorneys at Proetta & Oliver assist clients with weapons forfeiture hearings and related domestic violence proceedings in Hudson County and throughout New Jersey. We will zealously protect your rights and argue for the return of your weapons. For more information and a free consultation with an experienced Hudson County domestic violence attorney, contact our Jersey City office today at (201) 793-8018.
Can police take my weapons away for domestic violence?
First, law enforcement officers will determine if there is probable cause to charge an individual with a domestic violence offense such as assault, homicide, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, or stalking. If so, the police will then determine if there are any weapons on the premises. If the police determine there is a firearm on the premises, they will confiscate the firearm. There are several ways in which an officer can make this determination, including:
- Question the individuals present to determine if there are weapons;
- Seize a weapon he sees or learns about that he reasonably believes creates a risk of serious bodily harm;
- Seize weapons in plain view;
- A domestic violence victim who jointly possesses the property may give consent for a search for weapons;
- The individual in possession of a weapon may give consent; and
- Police may obtain a Domestic Violence Warrant for the Search and Seizure of Weapons.
Will my gun be taken if there is a restraining order against me?
In New Jersey, weapons can also be seized from an individual if a restraining order is issued against them. If you are served with a Temporary Restraining Order (TRO), your guns will be seized pending a final hearing. If you refuse to give over their weapons, you can be arrested for failing to comply with a court order.
Under New Jersey and federal law, anyone who has a Final Restraining Order (FRO) issued against them must forfeit their guns, weapons, and firearm permits. At that point, you will have 60 days to sell your guns to a registered dealer. It is important to note that even if the court does not grant an FRO, you will not necessarily get your weapons back automatically. The prosecutor’s office in the county where the restraining order was issued could attempt to have your weapons forfeited. If the prosecutor’s office files for permanent forfeiture of your weapons, you are entitled to a weapons forfeiture hearing before your weapons are permanently seized. Having an experienced attorney on your side at these proceedings can play a crucial role in successfully obtaining the return of your weapons.
Weapons confiscated for domestic violence in New Jersey?
If you have had a weapon seized by the government in New Jersey due to domestic violence charges or a restraining order against you, it is important to understand your rights and the proper avenues through which to petition for the return of your weapons. The experienced criminal defense lawyers at our firm are ready and available to help you defend against domestic violence charges and advocate for the return on your weapons. Call (201) 793-8018 or contact us online for a free consultation.