Domestic Violence Amendments: Restraining Order

by Fred Sisto | Jun 7, 2017 | Blog, Criminal Law, Law Reform and Amendments, Monmouth County, Ocean County

Domestic Violence N.J.S.A 2C:29-9. Contempt. is amended to read as follows:

b. In proceedings in which complaints for restraining orders have been filed, the court shall grant any relief necessary to prevent further abuse. In addition to any other provisions, any restraining order issued by the court 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 pursuant to N.J.S.2C:58-3 during the period in which the restraining order is in effect or two years,whichever is greater. The order shall require the immediate surrender of any firearm or other weapon belonging to the defendant. The order shall include notice to the defendant of the penalties for a violation of any provision of the order, including but not limited to the penalties for contempt of court and unlawful possession of a firearm or other weapon pursuant to N.J.S.2C:39-5.

A law enforcement officer shall accompany the defendant, or may proceed without the defendant if necessary, to any place where any firearm or other weapon belonging to the defendant is located to ensure that the defendant does not gain access to any firearm or other weapon, and a law enforcement officer shall take custody of any firearm or other weapon belonging to the defendant. If the order prohibits the defendant from returning to the scene of domestic violence or other place where firearms or other weapons belonging to the defendant are located, any firearm or other weapon located there shall be seized by a law enforcement officer. The provisions of this subsection requiring the surrender or removal of a firearm, card, or permit shall not apply to any law enforcement officer while actually on duty, or to any member of the Armed Forces of the United States or member of the National Guard while actually on duty or traveling to or from an authorized place of duty.

Domestic violence orders are fatal to a police officer’s career. A police officer cannot do their job without possessing a firearm and the issuance of a final restraining order against a police officer means they cannot possess a firearm. Even if an officer subject to a final restraining order could be assigned to desk duty, it is doubtful that a department would keep them on the force under the circumstances.

      Excellent rating  
 Based on 288 reviews 
    
  
 
 
      Especially given the situations we had to work under right now with COVID-19, I am glad to have had Fred Sisto represent me. The outcome was much better than anticipated, and he always ensured to maintain proper communication, including not going any further until you 100% understood what's going on, and made a point to keep me updated as much as possible with any of the incoming changes due to quarantine (which was confusing for me at first). Always has your best interests in mind, and an all-around great attorney and person.
     Mel C 
 
 
 
 
    Fred is a detail minded attorney that works tirelessly to get the job done right. If you need help Fred knows how to take care of your issues. Fred has years of experience and will work hard for justice for his clients. Fred is easy to talk to and has great communication skills!
     Gibson H 
 
 
 
 
    We retained Fred to represent our daughter.  He was amazing from our first phone call. He led us through the process and assured us that all would be taken care of. He was absolutely wonderful with our daughter. We couldn’t have asked for a better outcome. Thank you Fred from the bottom of our hearts. If you need a criminal attorney Fred Sisto Esq. is your guy. Trust me you won’t be disappointed.
     Sherry F 
 
 
 
 
    I have sought out Mr. Sisto for two traffic related cases. His hard work and dedication to getting results for me was very evident from the get go. He was very informative throughout the entire process of working on my cases and during the court sessions as well. Very professional and very friendly. If anyone in the area is looking for a very good and quality representation, Mr. Sisto is a go to.
     Brett S 
 
 
 
 
    I was very content with Fred’s services. He was extremely communicative throughout the entire process and I am happy with our results.
     Lidia D 
 
 
 
 
    Fred Sisto is a great attorney. Highly recommend. He is very trustworthy, professional, and has great communication skills, one being that he is very down to earth and makes you feel comfortable in all possibilities. I am very happy I went with him to represent me, we received the best possible outcome for our matter, while he was honest with all possibilities along the way.
     Mike A 
 
 
 
 
    Even though I didn't end up using Fred; I had the best experience from him out of anyone I called for a consultation. He was very clear and consise, made sure I understood my options for the situation I was faced with. He ultimately gave me the confidence to go to court pro se for my case. I also get weekly emails now that are extremely helpful and include a wealth of information for goings on around my area.
     Warren C 
 
 
 
 
    Fred's services has been more than exceptional. He provided updates on my case. He got me one of the best outcomes i could have asked for, and has represented me twice with amazing results. Fred can work his magic on your case just as he did for me
     Chris K 
 
 
 
 
    Fred is an excellent attorney. Even though we did not initiate the official pleading process, he deep dived into researching and sorted out my questions without any consultation fee. I highly recommend him!
     Qianru Z 
 
 
 
 
    Great service
     Kelly G