5.11 NOTICE TO THE PROSECUTOR nj

5.11 NOTICE TO THE PROSECUTOR nj

In order to ensure that the prosecutor is aware of the existence of the pending domestic violence Complaint/TRO, in addition to having received the seized weapon(s), a copy of every TRO or FRO in which the “seizure” box is checked should be forwarded immediately to the County Prosecutor’s Office. In addition, where seizure has not yet occurred but is ordered as part of an order prohibiting weapons possession pursuant to N.J.S.A 2C:25-29b(1), a copy of that order, with the appropriate boxes checked, should also be forwarded immediately to the Prosecutor’s Office.

5.12 HEARING REGARDING WEAPONS

5.12.1 When the prosecutor intends to proceed with forfeiture, notice shall be provided to the plaintiff, the defendant and the Family Division. The court shall hold a hearing within 45 days of receipt of the notice provided by the prosecutor, as set forth in N.J.S.A. 2C:25-21d(3). No formal pleading and no filing fee shall be required. The hearing shall be summary in nature. The hearing must be held even if the plaintiff withdraws or seeks dismissal of the domestic violence Complaint/TRO or FRO.

5.12.2 Atthehearing,theFamilyDivisionJudgemustdecidewhethertheweapon(s)should be forfeited, along with any related permit(s) or license(s), or whether the weapon(s) should be returned; or whether legal rights to own should be revoked and/or defendant should be ordered to dispose of the weapon, based on the factors contained in N.J.S.A. 2C:25-21d.

5.12.3 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

V-4retaining a firearms purchaser identification card or permit to purchase a handgun pursuant during the period in which the restraining order is in effect or two years, whichever is greater, except for military and law enforcement personnel, see N.J.S.A. 2C:25-29b.