A single gun charge or domestic violence incident in Monmouth County can trigger consequences that follow you for years. Police might seize firearms from your home, a court may issue a restraining order that strips away your gun rights, and prosecutors could file criminal charges that carry the risk of prison time. If you’re facing domestic violence or gun charges in Monmouth County, you need help from a lawyer who understands what’s at stake and how the law applies to your unique situation.
That’s where Keith Oliver Criminal Law comes in. Our NJ criminal defense attorneys have years of experience getting criminal charges reduced and dismissed, including gun charges and domestic violence accusations. While past results do not guarantee future outcomes, our experience handling these charges can help you understand your options on the path ahead. Contact us today to learn more in a free consultation.
When Can Police Officers Seize Firearms During a Domestic Violence Incident?
New Jersey law gives local law enforcement broad authority to remove weapons from a home during a domestic violence or intimate partner violence call. Officers who find probable cause that domestic violence occurred must ask everyone present whether firearms are on the property. If an officer learns of a weapon that could put the alleged victim at risk, the officer must seize it on the spot. This applies even if no one is arrested and the weapon itself was not involved in the incident.
Firearm seizure doesn’t stop with guns. Officers who seize firearms must also take any firearm purchaser identification cards or handgun purchase permits connected to the accused person. All seized items go to the county prosecutor, who has 45 days to petition the court for permanent forfeiture. Owners can eventually request the return of their property in most cases, but that process involves its own separate hearing.
How Do Temporary and Final Restraining Orders Affect Gun Rights?
An alleged victim who files a domestic violence complaint can request a temporary restraining order (TRO) the same day, and judges can grant these orders without the accused person present. A TRO can automatically bar the defendant from possessing firearms. Law enforcement will accompany the defendant to retrieve and surrender weapons, or officers may confiscate firearms without the defendant present if they believe it is necessary.
If the court issues a TRO, a final restraining order (FRO) hearing typically follows within ten days. If the judge grants an FRO, state law requires the immediate surrender of every firearm and weapon the defendant owns, along with any related permits or cards. The firearm ban then stays in place for the duration of the order or two years, whichever is longer.
Federal law applies in these situations, too. Specifically, the US Code says that any person subject to a qualifying domestic violence restraining order cannot lawfully possess a firearm anywhere in the country. Domestic violence convictions carry the same lifetime federal prohibition.
What Criminal Gun Charges May Follow a Domestic Violence Allegation?
Prosecutors often pursue criminal weapons charges alongside restraining order cases and domestic violence offenses. Common gun charges in domestic violence cases include those for:
- Unlawful Possession of a Weapon: Possessing a handgun without a valid permit, or a rifle or shotgun without a firearms purchaser ID card (N.J.S.A. 2C:39-5)
- Possession for an Unlawful Purpose: Possessing a firearm with the purpose to use it unlawfully against another person (N.J.S.A. 2C:39-4)
- Contempt: Violating any condition of a restraining order, including a firearm surrender requirement (N.J.S.A. 2C:29-9)
- Certain-Persons Offenses: Purchasing or possessing a firearm after being previously convicted of qualifying offenses, including certain domestic violence crimes (N.J.S.A. 2C:39-7)
A domestic violence with a deadly weapon allegation can also increase the severity of an underlying assault or terroristic threats charge. For example, a simple assault offense can become an aggravated assault offense when committed with a deadly weapon.
How Do the Family and Criminal Cases Proceed in Monmouth County?
Restraining order proceedings and criminal charges that arise from the same incident move through separate court systems in Monmouth County. The Family Division handles the TRO and FRO hearings, while the Criminal Division handles indictable weapons offenses and related charges.
These cases remain separate, and a resolution in one doesn’t determine the outcome in the other. This means a defendant could have a restraining order dismissed while still facing criminal charges for the same incident, or vice versa. Anyone facing gun charges and domestic violence proceedings in Monmouth County needs a defense strategy that accounts for both proceedings at once, which is where an experienced New Jersey defense attorney comes in.
Can Seized Firearms Be Returned After the Case?
It depends. Firearms seized during a domestic violence incident aren’t automatically forfeited. If the prosecutor doesn’t file a forfeiture petition within 45 days, the weapons must go back to the owner. If a hearing does take place, the court will decide whether the owner is fit to get the firearms back.
A dismissed complaint, a not guilty verdict, or a finding that the domestic violence situation no longer exists can all support the return of seized property. However, a certain-persons conviction, an active restraining order, and some other disqualifying factors can permanently prohibit the return of firearms and any related permits.
What Defenses May Apply to a Domestic Violence Weapons Charge?
Several defense strategies could be useful in a domestic violence weapons case, depending on the circumstances. A skilled defense attorney will examine every angle to challenge the prosecution’s case, which may involve arguing that:
- The accused never actually possessed the weapon in question.
- Officers conducted an unlawful search that violated constitutional protections.
- The allegations themselves are false or exaggerated.
- The accused used force to protect against an attacker in self-defense or defense of others.
- The state lacks sufficient evidence to prove possession or intent beyond a reasonable doubt.
Contact a Monmouth County Gun Charge Lawyer
Domestic violence gun charges can threaten your freedom, your gun rights, and your future all at once. The attorneys at Keith Oliver Criminal Law have years of experience defending clients throughout Monmouth County against these exact charges, and our team knows how local prosecutors and judges handle these cases. Here’s how one former client described their experience with our team:
“Keith Oliver went over and beyond my expectations as my lawyer. Any time I had a question, or needed to get in touch with him he was available. After hiring him I wouldn’t use any other attorney to represent me.”
– George
If you’re facing charges of domestic violence misdemeanors or felonies coupled with gun charges in Monmouth County, don’t wait to seek help. Contact Keith Oliver Criminal Law today for a free consultation with a knowledgeable gun charge lawyer.
Past results are not a guarantee of the results in future cases, and the outcome of a particular case or matter depends on a variety of factors. No representation is made nor intended to imply that a similar result may be obtained in a different case under other facts and circumstances.