Domestic Violence and Weapons Seizure

Aug 5, 2026 | Written by: Diana N. Fredericks, Esq. | Share

Domestic violence is a serious and important topic, regardless of whether you are the plaintiff or the defendant.  There may be serious consequences for all parties, regardless of success on the merits of a claim.  And there may be unanticipated consequences with regard to employment, travel, and other “rights,” that involved parties may not realize, such as the right to possess firearms.

Following are some facts about domestic violence and weapons seizure in New Jersey.

1. Did you know that weapons seizure is part of a temporary restraining order? In New Jersey, when a temporary restraining order (TRO) is issued, law enforcement must immediately seize all weapons and firearms purchaser identification cards.  Police take any weapons found under J.S.A. 2C:25-21 upon serving a TRO. 

2. J.S.A. 2C:25-28j authorizes the issuance of a search warrant as a form of ex-parte relief at the time of the issuance of a TRO. 

3. If the TRO is dismissed, weapons are not returned automatically; the County Prosecutor has 45 days to file a forfeiture action. 

4. Even if a TRO is dropped or dismissed, the prosecutor may still seek to forfeit the weapons and revoke permits if return is deemed a risk to public welfare. 

5. A Family Part judge holds a hearing where the State must prove by a preponderance of evidence that forfeiture is warranted. (Proof by preponderance of evidence is different than proof beyond a reasonable doubt; it is a lesser legal standard that means the claim is more likely true than not true.) 

6. If a final restraining order (FRO) is ultimately issued, then the defendant will be prohibited from possessing those weapons. In addition to any other provisions, any FRO issued shall bar the defendant from purchasing, owning, possessing or controlling a firearm and from receiving or retaining a firearms purchaser identification card or permit to purchase a handgun during the period in which the restraining order is in effect or for two years, whichever is greater, except for military and law enforcement personnel (see J.S.A. 2C:25-29b).

1. If you are served with a restraining order or a Temporary Extreme Risk Protective Order (TERPO) and fail to immediately surrender all weapons, you can be charged with another crime.

8. You may be able to negotiate a "divestiture," where you sell the weapons to a licensed dealer or transfer them to a qualified third party, rather than losing the financial value entirely. Otherwise, the weapons are supposed to be destroyed.

The New Jersey Appellate Division recently addressed these issues in a July 31, 2026 decision.  Specifically, IN THE MATTER OF THE SEIZURE OF THE FIREARMS/ WEAPONS FROM G.D.P., in 2019 the wife obtained a temporary restraining order against the husband.  Following a hearing, the TRO was dismissed in January 2020 as not substantiated. The husband’s two firearms, which had been seized because of this TRO, were returned to him after the parties' May 2021 divorce. On April 30, 2024, the former wife was granted a second TRO against the ex-husband and his two firearms were again seized as a result of the TRO. The TRO was voluntarily dismissed in May 2024.  Notwithstanding the dismissal, the State moved for forfeiture of the ex-husband’s seized firearms.  Notably, the former wife testified in support of the forfeiture.  

The court found the State met its burden of proof under N.J.S.A. 2C:58- 3(c)(5), which authorizes the forfeiture of firearms if returning them would not be in the best interest of public health, safety, or welfare.

The State is empowered to seek forfeiture of firearms under the PDVA (Prevention of Domestic Violence Act). N.J.S.A. 2C:25-21(d)(3). The PDVA's purpose is "to assure the victims of domestic violence the maximum protection from abuse the law can provide." "Because the presence of weapons can heighten the risk of harm in an incident of domestic violence, the [PDVA] contains detailed provisions with respect to weapons." State v. Harris, 211 N.J. 566, 579 (2012).

Thus, under the PDVA, "even if a domestic violence complaint is dismissed and the conditions abate, forfeiture may be ordered if the defendant is subject to any of the disabilities in N.J.S.A. 2C:58-3(c)."

One enumerated disability is when the defendant's possession of weapons "would not be in the interest of the public health, safety or welfare because the person is found to be lacking the essential character of temperament necessary to be entrusted with a firearm." N.J.S.A. 2C:58-3(c)(5), which is the "broadest" of the disqualifications for possession of a firearm.

The Court also found the husband’s argument that the forfeiture violated his Second Amendment rights “unavailing because we recently rejected the same constitutional challenges to N.J.S.A. 2C:58-3(c)(5).”

If you are involved in a domestic violence matter, having competent counsel to advise of your rights should be non-negotiable.  

Diana N. Fredericks, Esq., devotes her practice solely to family law matters.  She is a Certified Matrimonial Law Attorney and was named to the NJ Super Lawyers Rising Stars list in the practice of family law by Thomson Reuters from 2015 through 2021, to the NJ Super Lawyers list in 2023, 2024, 2025, and 2026, and to the New Leaders of the Bar list by the New Jersey Law Journal in 2015.  Contact Diana for a consultation at 908-735-5161 or via email.

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Any statements made herein are solely for informational purposes only and should not be relied upon or construed as legal advice.