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Thatoneguy

FRO Final Restraint Order in NJ

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Ok so two years ago I had a bad breakup. Anyway ex girlfriend filed for a restraint order based on harassment. I went to the original court date and the judge mentioned I wouldn't be able to possess firearms for two years if the order became final, so I requested a continuance to obtain council. I live on the other end of the country so after talking to a lawyer I realized that the way restraint orders are handled it would probably be made final despite not being a threat. So I didn't make the trip to the next court date and it became finalized, as expected, I was willing to give up my rights for two years based on nonsense I participated in. Now, two years after the fact, I'm being told that with a final restraint order in NJ I can't possess firearms for life!! The judge at the original court date, and everything I have read has always mentioned two years from the date a FRO was finalized. Can anyone clarify on this? I'd like to get back to hunting and sporting clays. Thanks

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Sounds like you need to consult a NJ firearms law literate lawyer.  FROs in NJ are permanent, other states they expire after a period of time.  You may need to have the FRO vacated, again consulting a lawyer is your best advice here.

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You are prohibited for 2 years AFTER any FRO was dropped/dismissed. If active, you are screwed.

Correction. If 2 years have passed, and you can get the FRO dropped, then you can have your rights restored.

 

In proceedings in which complaints for restraining orders have been filed, the court shall grant any relief necessary to prevent further abuse. In addition to any other provisions, any restraining order issued by the court shall bar the defendant from purchasing, owning, possessing or controlling a firearm and from receiving or retaining a firearms purchaser identification card or permit to purchase a handgun pursuant to N.J.S.2C:58-3 during the period in which the restraining order is in effect or two years, whichever is greater. The order shall require the immediate surrender of any firearm or other weapon belonging to the defendant. The order shall include notice to the defendant of the penalties for a violation of any provision of the order, including but not limited to the penalties for contempt of court and unlawful possession of a firearm or other weapon pursuant to N.J.S.2C:39-5.

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Harassment is a PDP or DP, not crime.

 

I stand corrected on that but still suspect given how hot DV, RO has been wrt to gun access.

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When I lived in NJ I lived this. You need an Attorney.

My EX had a RO taken out on me over the phone from 2000 miles away in Union County, I lived 70 miles south and hadn't been in Union County in 10 yrs.. I had turned over all my firearms Legally to others months earlier knowing it was only a matter of time, didn't matter I was still jailed until I remembered the name of every person I sold my guns to. Then the local PD went to verify with each person.

I was lucky my attorney had the entire thing tossed, after thousands of dollars in damage by the local PD/Swat trashed my house looking for my firearms while I was tossed in the street with some big fat F*ck kneeling on my back, $3,500.00 for attorney, $500.00 in bail that took months to get back and 2 days in Jail.

I left the state shortly after that.

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Ok so two years ago I had a bad breakup. Anyway ex girlfriend filed for a restraint order based on harassment. I went to the original court date and the judge mentioned I wouldn't be able to possess firearms for two years if the order became final, so I requested a continuance to obtain council. I live on the other end of the country so after talking to a lawyer I realized that the way restraint orders are handled it would probably be made final despite not being a threat. So I didn't make the trip to the next court date and it became finalized, as expected, I was willing to give up my rights for two years based on nonsense I participated in. Now, two years after the fact, I'm being told that with a final restraint order in NJ I can't possess firearms for life!! The judge at the original court date, and everything I have read has always mentioned two years from the date a FRO was finalized. Can anyone clarify on this? I'd like to get back to hunting and sporting clays. Thanks

if you have an active restraining order against you , you are a prohibited individual.

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Don't and never lived in NJ. Was phone and email communication that actually went both ways but I made the mistake of not fighting it cause I thought this just lasted two years. Apparently I was very wrong and very mislead by the judge that stated if the order became final I would be prohibited from possessing firearms for a period of two years

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Don't and never lived in NJ. Was phone and email communication that actually went both ways but I made the mistake of not fighting it cause I thought this just lasted two years. Apparently I was very wrong and very mislead by the judge that stated if the order became final I would be prohibited from possessing firearms for a period of two years

I hope this works out for ya. Never believe a Judge, they're lawyers and especially ones from NJ.

You will need an attorney $though$. Are you still in contact with the X? Maybe a good showing by her will help. My ex was in Las Vegas and phoned hers in to a city in Union County and they approved her RO. I hadn't heard or talked to her in months before this, but her and the new bo were drunk and showing their beer muscles from thousands of miles away. NJ is just anti-anything normal.

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I hope this works out for ya. Never believe a Judge, they're lawyers and especially ones from NJ.

You will need an attorney $though$. Are you still in contact with the X? Maybe a good showing by her will help. My ex was in Las Vegas and phoned hers in to a city in Union County and they approved her RO. I hadn't heard or talked to her in months before this, but her and the new bo were drunk and showing their beer muscles from thousands of miles away. NJ is just anti-anything normal.

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No contact, pretty sure she still hates me though. She was 21 and got caught cheating with a 50yr old and hated me for some reason. I truly hope when this goes before a judge to be vacated she will admit she doesn't fear me in any way and will be completely willing to let these issues from the past go and allow me to move on with my life (free) as she has. This is ridiculous

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Ok so two years ago I had a bad breakup. Anyway ex girlfriend filed for a restraint order based on harassment. I went to the original court date and the judge mentioned I wouldn't be able to possess firearms for two years if the order became final, so I requested a continuance to obtain council. I live on the other end of the country so after talking to a lawyer I realized that the way restraint orders are handled it would probably be made final despite not being a threat. So I didn't make the trip to the next court date and it became finalized, as expected, I was willing to give up my rights for two years based on nonsense I participated in. Now, two years after the fact, I'm being told that with a final restraint order in NJ I can't possess firearms for life!! The judge at the original court date, and everything I have read has always mentioned two years from the date a FRO was finalized. Can anyone clarify on this? I'd like to get back to hunting and sporting clays. Thanks

 

 

They are correct. Even if the ex drops the restraining order against you, it still shows up for life that you had a FRO against you. Welcome to NJ! 

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I hope this works out for ya. Never believe a Judge, they're lawyers and especially ones from NJ.

You will need an attorney $though$. Are you still in contact with the X? Maybe a good showing by her will help. My ex was in Las Vegas and phoned hers in to a city in Union County and they approved her RO. I hadn't heard or talked to her in months before this, but her and the new bo were drunk and showing their beer muscles from thousands of miles away. NJ is just anti-anything normal.

 

That sounds odd. In order to go from a TRO to an FRO, she must provide the judge with something against you. Did you send her nasty texts or emails? Threaten her over the phone? She had to have something to convince to grant her the FRO. 

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No contact, pretty sure she still hates me though. She was 21 and got caught cheating with a 50yr old and hated me for some reason. I truly hope when this goes before a judge to be vacated she will admit she doesn't fear me in any way and will be completely willing to let these issues from the past go and allow me to move on with my life (free) as she has. This is ridiculous

 

Same thing to you. In order to go from a TRO to an FRO, she must provide the judge with something against you. Did you send her nasty texts or emails? Threaten her over the phone? She had to have something to convince a judge to grant her the FRO. 

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Well I wasn't exactly "kind" when I found out the girl I was with was sleeping with another man. I called her a slut and a few other choice words, and continued trying to get an explanation, or apology,but I never threatened harm. I just didn't show to the second court date because the judge said if the order became final I'd be prohibited from possessing firearms for two years and at the time I was tired of arguing, tired of seeing her, tired of traveling to NJ, and just decided "f'it I'll just not show, let her win, and give up my rights for 2 yrs" but as mention before I guess I was mislead as to the severity of this ridiculous life long ban. Especially a ban that I look at as being pointless. If someone wanted to do harm to someone, they would, a piece of paper wouldn't stop someone from doing so. And a restraint order that lasts for life is just screwing someone's life forever, over a relationship issue that probably typically lasts a short heated period of time before most people from both sides move on with their lives and other people. I'm being harshly punished and have never even been convicted of a crime.

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That sounds odd. In order to go from a TRO to an FRO, she must provide the judge with something against you. Did you send her nasty texts or emails? Threaten her over the phone? She had to have something to convince to grant her the FRO. 

It never turned into a FRO, she called it in which is why it was tossed. My attorney had to explain to the court you can not issue a RO even in NJ over the phone. They gave her THREE chances to show and my attorney and I had to show every time. Which was the high cost.

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Well I wasn't exactly "kind" when I found out the girl I was with was sleeping with another man. I called her a slut and a few other choice words, and continued trying to get an explanation, or apology,but I never threatened harm. I just didn't show to the second court date because the judge said if the order became final I'd be prohibited from possessing firearms for two years and at the time I was tired of arguing, tired of seeing her, tired of traveling to NJ, and just decided "f'it I'll just not show, let her win, and give up my rights for 2 yrs" but as mention before I guess I was mislead as to the severity of this ridiculous life long ban. Especially a ban that I look at as being pointless. If someone wanted to do harm to someone, they would, a piece of paper wouldn't stop someone from doing so. And a restraint order that lasts for life is just screwing someone's life forever, over a relationship issue that probably typically lasts a short heated period of time before most people from both sides move on with their lives and other people. I'm being harshly punished and have never even been convicted of a crime.

1 lawyer up

2 never screw with crazy. Might be fun, but you pay

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