If you’re facing a gun charge in New Jersey, you’re probably wondering what legal options you might have and how to get a gun charge dismissed. A Carfagno motion is one of the most important legal tools in this area of law. This type of motion can modify or remove restrictions connected to a final restraining order (FRO), which affects your ability to own or possess a firearm.
If you’re wondering whether a Carfagno motion could help you, the attorneys at Keith Oliver Criminal Law can explain your options. Contact us for a consultation today.
Why This Matters if You Have a Restraining Order and Gun Charges in NJ
New Jersey courts treat firearm cases carefully. If there is a restraining order against you, your ability to legally own or carry a firearm may be taken away. For many people, this comes as a surprise—especially because a restraining order can last indefinitely in New Jersey.
If you have both a restraining order and criminal gun charges, the consequences can overlap:
- Your criminal record can prevent you from purchasing, possessing, or applying for a gun permit.
- Gun charges can carry mandatory penalties (including prison time) under New Jersey’s Graves Act.
- A restraining order and its restrictions can continue, even after the original dispute that caused the order has ended.
A Carfagno motion is a way to ask the court to lift or modify an FRO after certain conditions are met. If successful, this could remove one of the biggest barriers to resolving your gun-related case and restoring your rights.
How Final Restraining Orders (FROs) Affect Gun Rights in NJ
Unlike many states, New Jersey restraining orders don’t automatically expire. An FRO remains in effect permanently unless the court modifies or dismisses it. When an FRO is entered, several things happen immediately:
- You must surrender any firearms in your possession.
- You cannot purchase new firearms or apply for a firearms purchaser identification card.
- You lose the right to carry or transport firearms in New Jersey.
Violating these terms can lead to additional criminal charges. This is why many clients ask, “Can you get a gun charge expunged in NJ?” or “Can a gun charge be expunged in NJ?” While expungement may be possible for some offenses after a waiting period, an FRO restricts your rights until it is lifted. A Carfagno motion is one of the only ways to directly challenge and remove an FRO.
What Exactly Is a Carfagno Motion?
The Carfagno name comes from the case Carfagno v. Carfagno, 288 N.J. Super. 424 (1995). In that decision, the court created a way to determine when it is appropriate to dissolve or modify an FRO. Therefore, a Carfagno motion is a formal request filed with the court asking the judge to reconsider whether an FRO should continue.
When you file a Carfagno motion, you’re asking the court to review your current circumstances. The judge looks at the original facts of the case and considers whether ongoing protection is still necessary.
The 11 Carfagno Factors – What the Court Considers
In the Carfagno case, the court listed 11 factors that judges must review before deciding whether to lift or modify an FRO. These include:
- Whether the plaintiff consents to lifting the restraining order
- Whether the plaintiff fears the defendant
- The nature of the relationship between the parties today
- The number of times the defendant has been convicted of contempt
- Whether the defendant is involved in drug or alcohol abuse
- Whether the defendant has been violent before
- Whether the defendant has engaged in counseling or therapy
- The defendant’s age and health
- Whether the plaintiff is acting in good faith when opposing the motion
- Whether another jurisdiction has entered a restraining order against the defendant
- Any other factors the court deems relevant
The judge weighs these elements together. No single factor automatically decides the case. Instead, the court looks at the full picture: your behavior, the other party’s safety, and whether the original reasons for the order still apply to your situation.
Steps in Filing a Carfagno Motion in New Jersey
Filing a Carfagno motion is an involved process that is best handled by an experienced attorney. Here’s what typically happens:
- Drafting the motion – Your attorney will prepare a written motion explaining why the FRO should be lifted. This document addresses the Carfagno factors and includes evidence that supports your case.
- Filing with the court – The motion is filed in the county court where the restraining order was originally entered.
- Serving the other party – The protected party must receive notice of your motion. This gives them a chance to respond or object.
- Court hearing – Both sides appear before a judge. Your lawyer presents evidence, testimony, and arguments to show why you shouldn’t be subject to the continued restrictions.
- Judge’s decision – After reviewing the motion and hearing from both parties, the judge will make a decision. They may lift, modify, or keep the original FRO in place.
Because gun rights and public safety are sensitive topics, New Jersey courts apply strict standards when reviewing these motions. Your individual success depends on your lawyer’s persuasive legal arguments and documentation. Many cases are bolstered by proof that you’ve addressed any past issues like substance abuse, anger management, or FRO violations.
Contact Our NJ Gun Defense Attorneys for Help
If you’re trying to figure out how to beat a gun charge in NJ or how to get a gun charge dismissed while also dealing with a restraining order, filing a Carfagno motion may be part of the solution. However, the process is complicated, especially without the guidance of experienced criminal defense lawyers. Keith Oliver Criminal Law has extensive experience handling criminal offenses and can explain whether a Carfagno motion would help your specific case.
Contact Keith Oliver Criminal Law today to discuss your options. Whether you need help with a Carfagno motion or other criminal conviction, we’re ready to advocate for you.