So last year a friend of mine had a temporary restraining order placed on him by his ex, when he went to court, they dropped the restraining order. He's about to apply for his FPID card, but he's not sure if it will count against him, even though it was dropped. His lawyer asked the judge if it would be on his record (as he wants to be a cop), and the judge informed them that since it was dropped, there wouldn't be anything on his record.

 

He was only served the order, but wasn't served any additional charges, he's also wondering how he can tell if there were any other criminal or domestic violence charges associated with the restraining order.

 

(Also, before anyone asks, his ex was blowing stuff out of proportion. The restraining order was BS, and the judge said there was no reason for a restraining order and that it just sounded like a typical teenage breakup).

 

Do you guys think he'll have any problem applying? And how could he find out if there are any charges on his record?

I had 5 restraining orders against me back in early '90 from my crazy ex wife, each time my guns were taken away, I went to court each time, won & got my guns back. I never had a problem getting pistol permit or  my ffl

Same thing happened to me BS restraining order and was dismissed , But I have my FID  prior and when I apply for permits the TRO does come up and when the officer runs a check he sees it was dismissed and grants my permits I don't know how it works with applying for  a FID but I would think it would be the same.

The only question relevant to a TRO on the STS-033 application is couched in the present tense - asks if you are subject to any court order issued pursuant to Domestic Violence. Since the order was dropped your friend is no longer subject to the order and can answer "No" to question 17. No issue.

 

IANAL

 

Adios,

 

Pizza Bob

The only question relevant to a TRO on the STS-033 application is couched in the present tense - asks if you are subject to any court order issued pursuant to Domestic Violence. Since the order was dropped your friend is no longer subject to the order and can answer "No" to question 17. No issue.

 

IANAL

 

Adios,

 

Pizza Bob

Is it only domestic violence that they take the guns for? How about harassment or stalking?

the take em for any restraining order

Is it only domestic violence that they take the guns for? How about harassment or stalking?

No, but because the restraining order has that provision written within and also contains a quicky search warrant for just that reason (if the judge authorizes it) it makes it easier to confiscate any weapons under the authority of that order. You also have to remember that you are dealing with two separate venues.....civil (restraining order itself) and criminal (stalking, harassment, etc). You can have a restraining order issued without any associated criminal charges even though the person requesting said order may claim that they are being harassed, stalked, etc. One other thing, in NJ a civil restraining order is issued under the prevention of domestic violence act. In other words, a nosy neighbor who you "had words with" can't get one of these orders against you unless you had some sort of domestic type of association/relationship with them (currently or in the past), such as being room mates, dated, etc.

My friend wanted to thank all you guys, he's really relieved. When the whole thing went down, the cops took his dad's guns, and they've been sitting at the police station for like, a year. (They were PA residents who later moved to NJ--all NJ legal stuff as they're hunters, a couple 870s, things like that). But in order for the police to return the guns to his father, his dad needs to get his FPID (which he may have done, we're not sure). But my friend wants to get his, but was worried this would count against him. It was a whole bad situation, basically they broke up, and his ex got mad, and filed the order to get back at him. He's a good guy who I'd trust my life to, and I felt bad that he could be unable to get his FID due to this. When he asked for what I thought, I figured you guys would be the best place to ask. Thanks for the info guys!

The best place to ask is his attorney's office. Free advice here is worth what you pay for it. The quagmire of laws in NJ is nearly impossible to comprehend.

 

 

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...confiscate any weapons...

I wonder if they take away the person's knives, scissors and hammers...

N.J.S. 2C:25-34 establishes a central registry for "all persons who have had domestic violence restraining orders entered against them." The statute doesn't limit this to final restraining orders. Police can use this database for gun permit applications. But at least one NJ Supreme Court case suggests this is for final orders only - Shah v. Shah, 184 N.J. 125 (2005). But, as everyone else has stated above, the question on STS-33 is in the present tense only.