An Extreme Risk Protective Order (ERPO) is a civil court order that temporarily prohibits a person from purchasing or possessing firearms and ammunition when they pose a significant danger of harming themselves or others.  New Jerseys’ ERPO law is a civil order that prohibits individuals from purchasing and possessing firearms and ammunition if they pose a significant danger of bodily injury to self or others.  It is not a criminal charge and no filing fee is required, and the person named in the petition is not arrested. 

Who Can File

A family or household member — including a current or former spouse, domestic partner, civil union partner, household member, dating partner, or a person who shares a child with the respondent — may petition for an ERPO.  A law enforcement officer may also file on behalf of the public.  

How to File

You can file an ERPO petition in one of two ways: 

• In person at the Kearny Police Department.  An officer will assist you in completing the petition, which asks about the specific behaviors or statements that concern you and what you know about firearms the person owns, possesses, or has access to. 
•  At the Superior Court in the county where the respondent lives.  The petition may be filed with a State, County, or Municipal Law Enforcement Agency, or with the Superior Court with jurisdiction where the respondent resides.  If the respondent resides out of state, the petition must be filed where the petitioner resides. 

There is no cost to file. 

What happens Next 

• A judge reviews the petition and may issue a Temporary ERPO (TERPO), which can be granted without notice to the respondent if there is an immediate risk.
• If a temporary ERPO is issued, it remains in effect for up to 10 days, until a hearing is held on a final order. If a temporary order is not issued, the respondent will instead be served notice of a hearing on a final order.
• At the hearing, the standard is a preponderance of the evidence, not proof beyond a reasonable doubt. If the judge finds the person poses a significant risk, a Final ERPO (FERPO) is issued.
• Under a final order, the respondent must surrender all firearms, ammunition, and any firearms purchaser ID card or permits, and is barred from purchasing or possessing firearms while the order is in effect.