New Jersey Domestic Violence Weapons Forfeiture Attorneys

Top Rated New Jersey Domestic Violence Weapons Forfeiture Attorneys Defending Clients In Camden County, Burlington County, Cumberland County, Gloucester County, and Throughout NJ

When a restraining order is issued against someone in a domestic violence case, the forfeiture of weapons law in New Jersey allows for the seizure of firearms and licenses from the person against whom the restraining order was issued. Even if you are not found guilty of the domestic violence charges brought against you and/or the restraining order is dropped, you may not have your firearms, licenses, or permits restored. The experienced New Jersey domestic violence weapons forfeiture attorneys at Aydelotte & Scardella Law LLC can help you resolve your case.

Our attorneys have extensive experience defending clients charged with domestic violence and facing the forfeiture of weapons. Our attorneys represent clients in restraining order proceedings as well as domestic violence hearings and fight for the best outcome. We will review the evidence against you and craft an effective strategy for your defense. We will fight to protect your rights and best interests.

Seizure of Weapons for Domestic Violence in New Jersey

New Jersey’s Prevention of Domestic Violence Act authorizes law enforcement officers to take away weapons of the accused in domestic violence cases. The police are also authorized to confiscate the accused’s permit or firearm license. The accused will therefore not be able to purchase a firearm.

If you have pending domestic violence charges or have had a restraining order for domestic violence issued against you, you will be subject to:

Search

The police in New Jersey have the authority to search your home for weapons. Law enforcement officers may not need a warrant to search your home for weapons. When a restraining order has been issued against you, police officers can enter your home without a warrant to remove firearms and other weapons. Police officers also have the authority to enter and search your premises without a warrant if it is the scene of a domestic violence incident. The police can search your premises even if you object to the search.

Seizure

New Jersey law authorizes the police to seize any weapons that they find at your residence. Police officers will seize weapons at the scene of a domestic violence incident or at your residence if it is different from the scene of the incident. The weapons may be removed from your premises even if you object to their seizure.

If the weapons are not located at your premises or the scene of the domestic violence incident, the law enforcement officers will ask you or the third party in possession of the weapons to surrender the firearms voluntarily. If either you or the third party refuses to surrender the weapons or submit to a search, the police officers will obtain a Domestic Violence Warrant for the Search and Seizure of Weapons in order to search the premises and seize the weapons.

Forfeiture

You may not be able to have your firearms restored even at the end of the domestic violence proceedings. You may be required to forfeit the firearms to the state. This may happen even if you are not convicted of domestic violence or if the restraining order is dismissed. The court may determine that it is in the best interests of public safety for you to forfeit your firearms. You would need to prove to the court that you can be trusted to possess firearms safely in order to have your weapons returned.

If you are facing domestic violence charges or have had a restraining order issued against you in a domestic violence case contact Aydelotte & Scardella Law LLC. Our New Jersey domestic violence weapons forfeiture attorneys are experienced in defending against weapons forfeiture in domestic cases in New Jersey. We will work to get the best outcome in your case.

Contact Aydelotte & Scardella Law LLC to Consult with Experienced New Jersey Domestic Violence Weapons Forfeiture Attorneys

Are you facing the seizure of your firearms in relation to a domestic violence restraining order or charge? The stakes are high in domestic violence cases. The seizure of your firearms could have long-term implications on your right to own firearms.

The New Jersey domestic violence weapons forfeiture attorneys at Aydelotte & Scardella Law LLC are committed to protecting the rights of those accused of domestic violence. Contact our offices to consult with our experienced and knowledgeable attorneys. Our attorneys will assess the circumstances of your case and help you understand your rights and options. We will fight tirelessly to get you the best possible outcome. Contact our law firm now to schedule your appointment and begin to build a strong defense for your case.

Frequently Asked Questions about Domestic Violence Weapons Forfeiture in New Jersey

I was charged with domestic violence. Can I possess a firearm?

No. Domestic violence charges are taken seriously in New Jersey. Federal law prohibits anyone that has been charged or convicted with domestic violence or has a restraining order against them to own a gun. New Jersey law further enforces this by prohibiting those with prior domestic violence convictions or that have a protective order against them from purchasing or owning a firearm.

Can the police take my firearm if a temporary restraining order is issued against me?

Yes. If a temporary restraining order in connection to domestic violence is issued against you, the police can enter your home to remove any firearms, permits, and other weapons. These will be turned over to the prosecutor. These items will only be returned to you when a court order is issued to do so. You may therefore not get your firearms back even after the temporary restraining order is dropped. Even if there is no pending criminal case against you, you must demonstrate to the court that you are fit to handle a firearm safely.