New Jersey Extreme Risk Protection Order — Can Your Rights Be Restored?

A New Jersey Extreme Risk Protection Order (ERPO) is a civil court order that temporarily prohibits a person from possessing firearms. Under N.J. Stat. § 2C:58-20 et seq., a judge can issue an order if evidence shows you pose a significant risk of harm to yourself or others. Law Offices Of SRIS, P.C.

What Is a New Jersey Extreme Risk Protection Order?

The New Jersey Extreme Risk Protection Order law, enacted in 2019, allows family members, household members, or law enforcement to petition a court to temporarily remove firearms from someone they believe poses a danger. The process is governed by N.J. Stat. § 2C:58-20 through § 2C:58-32. A temporary order can be issued ex parte (without your presence) and lasts up to 10 days before a full hearing. A final order can last up to one year.

Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature

Official Legal Resources

For the full text of the law, review the New Jersey Extreme Risk Protection Order Act (N.J. Stat. § 2C:58-20). For court forms and procedures, visit the New Jersey Courts website on Extreme Risk Protection Orders.

The ERPO Process and Your Defense Strategy

In New Jersey, an ERPO petition triggers a swift legal process. The petitioner must provide specific facts under oath alleging recent threats, acts of violence, or reckless firearm use. At the final hearing, the burden is on the petitioner to prove by a preponderance of the evidence that you pose a significant risk. A strong defense often involves challenging the petitioner’s evidence, presenting counter-evidence of your stability, and arguing for the protection of your constitutional rights.

1. Receive Notice: You will be served with a Temporary Extreme Risk Protection Order and notice of a final hearing date, typically within 10 days.
2. Secure Counsel: Immediately contact a New Jersey Extreme Risk Protection Order attorney. Do not speak to petitioners or law enforcement about the case without legal advice.
3. Prepare Evidence: Gather evidence for your defense, such as character references, mental health treatment records (if applicable and favorable), and proof of safe firearm ownership.
4. Attend the Hearing: You have the right to be heard, present witnesses, cross-examine the petitioner, and testify on your own behalf.
5. Court Decision: The judge will either dismiss the petition or issue a final Extreme Risk Protection Order for up to one year.
6. Appeal or Modify: If an order is issued, you can appeal or later petition the court for early termination based on changed circumstances.

Potential Consequences of an ERPO

In New Jersey, a final Extreme Risk Protection Order results in the immediate surrender of all firearms, permits, and identification cards, with severe penalties for violation.

Results may vary. Prior results do not aim for a similar outcome.

Our Experience with Firearms Rights Cases

Founded in 1997, Law Offices Of SRIS, P.C. brings a focused approach to defending constitutional rights, including those impacted by a New Jersey Extreme Risk Protection Order. Our firm-wide experience across complex litigation informs our defense strategies in these sensitive matters.

Defending Against an ERPO Petition

Successfully defending against a New Jersey Extreme Risk Protection Order requires immediate and precise action. We analyze the petition for legal deficiencies, gather affirmative evidence of your non-dangerousness, and prepare for a persuasive hearing. The goal is to prevent the issuance of a final order and protect your rights.

Results may vary. Prior results do not aim for a similar outcome.

Frequently Asked Questions (New Jersey ERPO)

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Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.