Voorhees NJ Restraining Order Attorney
The New Jersey Domestic Violence Act requires seizure of all weapons possessed by a restraining order defendant. To fulfill this objective, police are directed to seize all handguns, rifles, shotguns and other weapons upon entry of a temporary restraining order. Possession and ownership are permanently relinquished in the event a final restraining order is entered. This process is but another negative consequence of failing to successfully defend a domestic violence case filed in Voorhees or elsewhere. Our firm, The Law Offices of Jonathan F. Marshall is one of the largest criminal defense firms in the state with eight attorneys practicing exclusively in this realm. Our team includes several former prosecutors and other skilled lawyers who have victoriously defended hundreds, if not thousands, of cases like yours resulting in the seizure of firearms. Whether the complaint was filed in Lawnside, Magnolia, Stratford, Berlin, Pine Hill or another municipality in Camden County, we have the knowledge you require. Call our Cherry Hill Office anytime 24/7 for a free initial consultation.
Experienced Lawyers To Ensure That Your Firearms Are Returned
The rationale for seizing firearms is to prevent their use against someone who is an alleged victim of domestic violence. To accomplish this goal, police are to search the defendant’s premises to secure all weapons in their possession. Police are to forward any handgun, shotgun, rifle or other firearms to the Camden County Prosecutor until such time as a determination is made regarding the return of the weapons.
Time Limitation For Return Of Weapons.
The prosecutor must institute proceedings for forfeiture of the weapons within forty-five (45) days of receipt of the firearms from police.
Dismissal of the Restraining Order.
Typically, all weapons will be returned if the defendant successfully defends the final restraining order hearing or the restraining order is voluntarily dismissed by the plaintiff. The prosecutor has authority, however, to withhold the weapons in the event that he or she believes that the owner is unfit and/or poses a threat to the public. It is important to note that our courts have found in this regard that a prior history of domestic violence between the parties is a factor in whether a valid threat to withhold the weapons exist.
Disposal of Weapons.
If the court concludes that the weapons should not be returned to the defendant, the owner typically has the opportunity to arrange for the transfer or sale of the weapon.
Pennsauken Restraining Order Defense Lawyer
The loss of your firearms in Pennsauken Township or anywhere else is clearly another significant consequence of failure to win your restraining order hearing. Hiring an experienced defense lawyer is the best thing you can do to ensure that a favorable outcome is reached on your behalf. The attorneys at The Law Offices of Jonathan F. Marshall have the skills required to effectively represent you in this capacity. Whether it a charge arising in Pennsauken, Cherry Hill, Camden, Gloucester Township, Voorhees or another town, we have what you are looking for in terms of protection. To speak to an attorney on our team anytime 24/7, call our office in Cherry Hill at 856-662-8300.