2C:12-15 Superior Court hearing on temporary protection order.

321 words·~1 min read·/nj/title-2c/chapter-12/2c-12-15

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

4. a. A hearing shall be held in the Superior Court within 10 days of the filing of the petition in the county where the ex parte temporary protection order was issued, unless good cause is shown for the hearing to be held elsewhere. At the hearing the standard for proving the allegations in the petition shall be a preponderance of the evidence which petition shall be granted if the court finds by a preponderance of evidence that there is a nexus between the alleged crime charged or the crime for which the respondent was convicted, as the case may be, and the performance of the judicial officer's public duties and that the respondent poses a threat to the safety or well-being of the judicial officer or a family or household member of the judicial officer.

In determining whether a final order of protection should be granted the court shall consider but not be limited to the previous history between the judicial officer and the respondent, including threats, harassment, and physical intimidation; and the existence of immediate danger to person or property.

b. The court shall grant any relief necessary to protect the victim from further harm, including but not limited to forbidding the respondent from returning to the scene of the alleged crime, prohibiting the respondent from having any contact with the judicial officer, family or household members of the judicial officer or the judicial officer's friends, co-workers, or relatives in any way, forbidding the respondent from possessing any firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1, ordering the search for and seizure of any firearm or other weapon at any location where the court has reasonable cause to believe the weapon is located, the seizure of any firearms purchaser identification card or permit to purchase a handgun issued to the respondent, and requiring the respondent to undergo mental health evaluation and appropriate treatment.

L. 2021, c.327, s.4.