Newark, NJ DV Weapons Restrictions Attorney
When a Temporary Restraining Order is issued it will contain a condition that the client cannot possess any weapons. This condition will often seem to have no relation to the basis for the TRO being issued, as there was no allegation that the client used a weapon during the confrontation that led to the TRO. If you are a police officer or active duty military however, this restriction can impact your ability to function in your job, as you are prohibited from having weapons.
If a TRO is issued against you, consult with a knowledgeable criminal defense lawyer as soon as possible, to discuss what your options are to defend your rights and your freedom. Contact Howard Bailey at 973-982-1200 for a free consultation.
Defending a Client’s Need to Have Weapons While a TRO is Pending
When there are allegations of Domestic Violence, the responding police are required to search for and seize any weapons, including guns that you may have. The authorization to seize the weapons does not require that there be any allegation of a weapon being used during the commission of the act. In a recent case, Howard Bailey represented a client who was active duty military and required to carry and use weapons on a daily basis in the performance of his duties. During negotiations with the prosecutor and the victim, the issue of weapon use or possession by the client was amended to permit the client to continue in his duties. After several court appearances, the TRO and then the criminal complaint were dismissed and subsequently expunged from the client’s record.
In another recent case, Mr Bailey represented a client who was a police officer. Both the TRO and the order of the criminal court restricted the client from having weapons. After getting the TRO dismissed, Mr Bailey convinced the Court to allow the client to possess his service weapons while on duty, pending the resolution of the criminal complaint.
Complying With All TRO Restrictions is Essential to Your Defense
The saying that ‘It is easier to ask forgiveness then it is to ask permission’ DOES NOT APPLY when it comes to weapons restrictions in a Domestic Violence case. If you are charged with an act of DV or a TRO has been issued against you, SURRENDER ALL WEAPONS and comply with all restrictions. If you violate any restriction you are subject to additional penalties and your violation of the restriction will be used against you. If you have a job-related need to have access to weapons, discuss this issue with an experienced criminal defense lawyer as soon as possible. Contact Howard Bailey at 973-982-1200 for a free consultation.