New Jersey Statutes 2C:58-25. Termination of final extreme risk protective order
Terms Used In New Jersey Statutes 2C:58-25
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
a. the petitioner or respondent, as the case may be, has received notice in accordance with the Rules of Court;
b. the appropriate law enforcement agency and the county prosecutor have been notified; and
c. a hearing has been held by the court.
The petition for termination of the order may be filed at any time following the issuance of the order. During the hearing, the court shall consider the factors enumerated in subsection f. of section 4 of P.L.2018, c.35 (C. 2C:58-23), as well as any other relevant evidence including, but not limited to, whether the respondent has received, or is receiving, mental health treatment.
If the respondent petitioned for termination, the respondent shall bear the burden at the hearing of proving by a preponderance of the evidence that the respondent no longer poses a significant danger of causing bodily injury to the respondent’s self or to other persons by having custody or control of, owning, possessing, purchasing, or receiving a firearm.
L.2018, c.35, s.6.