Newark, New Jersey, Domestic Violence Lawyers

When a Court issues a Domestic Violence (DV) Restraining Order (RO), the lawyers at Bailey & Orozco know that the Order typically imposes a prohibition against the client possessing any weapons. In most cases, this prohibition may seem unnecessary - as no weapons were used, displayed, or even present during the incident - but this prohibition is typically granted by the Court. In most cases, this prohibition is not itself critical to the ability of the client to maintain their employment.

Search and Seizure of Weapons After Incident

The Prevention of Domestic Violence Act authorizes the police who are responding to a call of Domestic Violence to search for, and seize, guns and other weapons under several grounds.

• Guns and weapons that the client illegally possesses.
• Guns and weapons that were used in the DV incident.
• Guns and legal weapons when a RO prohibits possession

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Representing Active Duty Military Personnel and Police Officers

When the client is either active duty military personnel, or a police officer - both of whom use weapons in the performance of their duties, the prohibition from possessing any weapon can have devastating employment consequences. Under these circumstances, an application to the Court should be made with the consent of the prosecuting authority, to amend the prohibition to permit the retention of the client's service weapon.

Defending a DV Client When Weapon Possession is Prohibited

At Bailey & Orozco, we often represent clients who have been charged with domestic violence, including both active duty military personnel and police officers. Typically, we have successfully prevented the imposition of this prohibition into the FRO, or been able to secure the client a modification of the conditions of the RO to permit the retention of their service weapons while we continue working to get the DV charge resolved.