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Served with an Extreme Risk Protection Order

Attorney Aalsberg Can Help Protect Your Rights!

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What is an Extreme Risk Protection Order

An (Extreme Risk Protection Order) also known as ERPO is an official order issued by a judge, typically from a Municipal or Superior Court. It prohibits the person named in the order (the respondent) from securing or possessing any firearm, permit, or license allowing firearm possession during the protective order period. ERPOs are specifically aimed at individuals who pose a significant risk of personal injury to themselves or others due to firearm ownership. It is a temporary order and if you have one generally you will have a court date within 10 days. Adjournments are rarely granted as this is an Emergency order and you have to appear in person for the Final Order Hearing Known as a FERPO.

Here are the key points:

Who Can Seek an ERPO and How Did I Get One?

ERPOs Can Be Sought By:

  • Family or Household Members
  • Medical Professionals (through law enforcement officers)
  • Law Enforcement Officers (the petitioner)
  • These petitioners can apply for an order against an individual (the respondent) who presents a significant danger of bodily injury by possessing or purchasing a firearm.
Attorney H. Scott Aalsberg, Esq., P.C.

Restrictions Imposed by ERPO and FERPO's:

  • The respondent is prohibited from purchasing a firearm or ammunition.
  • Possession of firearms identification cards or permits is also prohibited.
  • Losing firearm rights at a hearing results in being placed on a registry that prohibits owning any deadly weapon.
  • Violating the ERPO can lead to contempt charges and possible jail time.

Jurisdiction and Filing:

  • The case jurisdiction (where the hearing is held) is the county where the respondent resides.
  • Jurisdiction can be waived by the respondent if, for example, the guns were in one county and the person lives in another.
  • If the respondent resides out of state, the petition must be filed where the petitioner resides.

What Must Be Proven For a Final ERPO (FERPO):
The prosecutor needs to demonstrate that the respondent is a risk to:

  • Society
  • A Specific Person
  • Themselves

This Risk is Generally Proven Through:

  • Medical Documentation
  • Testimony of a Victim/Complainant (yes one persons word against another may be enough for the order)
  • For reference, the relevant New Jersey statutes are N.J.S. 2C:58-20 and 2C:58-3C.

How can Attorney Aalsberg Help me:

That depends on the facts of your case the reason why your guns were taken away from you. We suggest setting up a consultation with Attorney Aalsberg to determine your best resolution for your upcoming hearing. The consultation lasts approximately 20 minutes and costs $350.00 Every case is different and unique and we do not guarantee we will accept your case, because unfortuantely not all ERPO cases are winnable but for the ones we can't win a lawyer can smooth out the process and maybe even allow for the sale of your seized weapons or terms for an eventual return of your right to gun ownership. Put Attorney Aalsberg, success rate to work for you and protect and preserve your gun ownership rights.

The Answer Depends on Several Factors:

  • The facts of your case
  • The reason for the removal of the guns
  • Your prior criminal history if any
  • Your prior mental health history

Due to everyone's unique facts for each person, we offer a consultation with Attorney Aalsberg to determine the best resolution for your upcoming hearing. The consultation lasts approximately 20 minutes and costs $350.00. Since every case is different and unique, we cannot guarantee we will accept your case, or that we can help you. The sad truth is not all ERPO cases are winnable. Sometimes the facts against you are just too strong. But don't give up even if it looks likely that you will lose your case due to bad facts, or history a lawyer can still help to smooth out the process and maybe even allow for the sale of your seized weapons or the eventual return of your right to gun ownership. If you do nothing you will lose everything. The only way you can mitigate the damage already done is to put an experienced Attorney on your side. Protect your Second Amendment Rights now by putting Attorney Aalsberg high success rate to work for you!