A plain-English guide to New Jersey Extreme Risk Protective Orders—and how they differ from domestic-violence restraining orders
By Ryan D. Foran, Esq., Partner, Adinolfi, Roberto & Burick, P.A.
Most people have heard of a temporary restraining order, or TRO. Far fewer are familiar with an Extreme Risk Protective Order, commonly called an ERPO or a “red flag” order. The names sound similar, and both can arise during a family crisis, but they do different jobs.
The simplest way to think about it is this: a domestic-violence restraining order is designed to protect a victim from another person. An ERPO is designed specifically to reduce the danger created when a person at serious risk of harming themselves or someone else has access to firearms.
What Are Extreme Risk Protective Orders?
Extreme Risk Protective Orders are court orders that temporarily remove firearms and ammunition from a person who poses a significant danger of bodily injury to themselves or others because they have access to a firearm. An ERPO also prevents that person from buying or possessing firearms or ammunition and from holding or obtaining New Jersey firearm identification cards and permits while the order remains in effect.
No one needs to wait for a shooting, an assault, or even a criminal charge before seeking help. The focus is risk: Is this person an immediate and present danger because of their access to firearms? Evidence might include threats of suicide or violence, escalating behavior, prior acts of force, violations of protective orders, certain arrests or convictions, substance-abuse concerns, or the recent acquisition of firearms or ammunition.
An ERPO is serious relief. If the petition identifies firearms or ammunition believed to be in the person’s possession, the court can issue a search warrant with the temporary order, and law enforcement may seize the weapons, ammunition, and firearm credentials.
Who may ask for an ERPO?
In New Jersey, a petition may be filed by a law-enforcement officer or by a qualifying family or household member. That family or household category is broader than people currently living under one roof. It includes:
- a spouse or former spouse;
- a current or former domestic partner or civil-union partner;
- anyone who presently lives, or previously lived, with the respondent;
- a person who has, or anticipates having, a child with the respondent when one party is pregnant; and
- a current or former dating partner.
A concerned coworker, neighbor, friend, teacher, or therapist does not independently qualify merely because they have important information. That person can contact law enforcement, which may investigate and file its own petition. If the respondent is a law-enforcement officer, a special procedure applies through the officer’s employing agency.
How does the process work?
The process for obtaining Extreme Risk Protective Orders starts with a petition to the court. A qualifying person may file a verified petition explaining the facts that create the danger and, if known, describing the firearms, ammunition, and their locations. There is no filing fee, and law enforcement may help a family or household member prepare or file the petition.
At the temporary stage, a judge may grant a TERPO, essentially a temporary ERPO, upon good cause to believe the respondent poses an immediate and present danger of bodily injury to themselves or others through firearm access. Because the initial application can be heard quickly and without the respondent present, the court ordinarily schedules a final hearing within 10 days. At that hearing, both sides may present evidence. A final ERPO requires proof by a preponderance of the evidence that the respondent poses the required significant danger.
Unlike the one-year orders used in some states, a New Jersey final ERPO does not automatically expire after one year. It remains in place until a court terminates it. Either the petitioner or respondent may ask the court to terminate the order, but the court must again consider the evidence and the statutory risk factors.
ERPO or domestic-violence TRO: what is the difference?
Because both processes begin with an urgent application and may lead to a later final hearing, an ERPO can feel familiar to anyone who has encountered New Jersey’s domestic-violence system. The Judiciary has even described the ERPO procedure as similar to domestic-violence proceedings. But the comparison only goes so far.
| Question | Domestic-violence TRO/FRO | ERPO |
|---|---|---|
| Primary purpose | Protect a victim from domestic violence; relief can include no-contact terms, exclusion from a home, custody-related provisions, financial relief, and firearm surrender. | Address the danger created by a person’s access to firearms; relief is firearm-specific. |
| Who can file? | A person who qualifies as a “victim of domestic violence” under New Jersey law and alleges domestic violence by a qualifying defendant. | A qualifying family or household member, or a law-enforcement officer. |
| What must be shown? | Generally, a qualifying relationship, a predicate act of domestic violence, and a need for restraints to prevent further abuse. | At the temporary stage, immediate and present firearm-related danger; at the final stage, significant danger proven by a preponderance of the evidence. |
| Must there be abuse against the filer? | Yes, the applicant seeks protection as the victim of domestic violence. | No. A parent, spouse, former household member, or police officer may act because the respondent threatens themselves or someone else. |
| What does the order control? | The defendant’s conduct and contact with the victim, plus other safety-related relief; firearms are often surrendered as part of the order. | Firearms, ammunition, and firearm credentials. It does not itself create no-contact, stay-away, custody, or support terms. |
Sometimes the right answer is both
An ERPO does not replace a domestic-violence complaint, and filing one does not prevent someone from also filing a criminal complaint or seeking a domestic-violence restraining order. If a former partner makes threats, has firearms, and is harassing the victim, for example, a domestic-violence TRO may provide no-contact and stay-away protection while an ERPO directly addresses firearm access. The facts, not the label, determine which remedy or combination of remedies fits.
That is also why an ERPO should not be treated as a shortcut in an ordinary custody or divorce dispute. Disagreement, anger, or even poor judgment is not enough. The petition should identify concrete facts showing firearm-related danger. At the same time, credible threats of suicide or violence should never be dismissed merely because no assault has yet occurred.
Are Extreme Risk Protective Orders New in New Jersey?
Extreme Risk Protective Orders have been part of New Jersey law since 2018, though many residents still don’t know how an ERPO differs from a domestic-violence restraining order. New Jersey enacted the Extreme Risk Protective Order Act that year, and it took effect on September 1, 2019. So ERPOs are a relatively recent addition to New Jersey law, especially compared with the Prevention of Domestic Violence Act, but they are no longer brand-new. Courts and law-enforcement agencies have now been working with the procedure for several years.
What should a concerned family member do?
If danger is immediate, call 911. Otherwise, gather the specific information that explains the concern: exact statements, text messages, voicemails, dates, witnesses, recent behavior, prior incidents, known firearm purchases, and where the weapons may be located. Avoid confrontation or attempting to remove firearms yourself. A local police department, the Superior Court, or an attorney can help identify the appropriate next step.
Contact Our Office
If you believe that you, or someone you care about, may need the protection of an Extreme Risk Protective Order or a domestic-violence restraining order, contact Adinolfi, Roberto & Burick to speak with an attorney. These matters are often urgent and highly fact-sensitive. Our attorneys are available to listen, explain the legal protections that may be available, and help determine the most appropriate next step.
If there is an immediate threat of harm, call 911.
About the Author: Ryan D. Foran is a Partner at Adinolfi, Roberto & Burick, P.A., where he has practiced family law exclusively throughout his career. A former Judicial Law Clerk in the Family Part of the Superior Court of New Jersey, he represents clients across Southern and Central New Jersey in divorce, custody, domestic violence, and other family law matters. Ryan is a Past President of the Gloucester County Bar Association and has been named a New Jersey Rising Star by Super Lawyers for multiple consecutive years*.
* No aspect of this has been approved by the New Jersey Supreme Court. You can learn more about the Super Lawyers process by visiting www.SuperLawyers.com.
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