Saturday, February 21, 2015

Prohibition from possessing weapons after dv case

Prohibition from possessing weapons after dv case - In addition to the order required by this
subsection prohibiting the defendant from possessing any firearm, the court may also
issue an order prohibiting the defendant from possessing any other weapon
enumerated in subsection r. of N.J.S.A. 2C:39-1, and ordering the search for and
seizure of any firearm or other weapon at any location where the judge has
reasonable cause to believe the weapon is located. The judge shall state with
specificity the reasons for and scope of the search and seizure authorized by the
order. [N.J.S.A. 2C:25-29b(16).] See Section 5.10 for procedure.
A specific description of the weapon and its believed location should be set
forth with as much detail as is known. The court must make findings on the record
and state with specificity the reasons for its decision and the scope of the search. (See
also Section on Weapons.)
4.14.15 Prohibition against stalking An order prohibiting the defendant from stalking or
following, or threatening to harm, to stalk or to follow, the complainant or any other
person named in the order in a manner that, taken in the context of past actions of the
defendant, would put the complainant in reasonable fear that the defendant would
cause the death or injury of the complainant or any other person. Behavior
prohibited under this act includes, but is not limited to behavior prohibited under the

provisions of N.J.S.A. 2C:12-10. [N.J.S.A. 2C:25-29b(17).]

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