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16 IN THE MATTER OF THE SEIZURE OF WEAPONS FROM APURBA NATH -- rank: 609

... to a licensed dealer before it would be forfeited. See N.J.S.A. 2C:25-21(d)(3)(a). The judge also revoked defendant's FPI ... card or possessing a firearm without further order of court. N.J.S.A. 2C:25-21(d)(3)(b); see N.J.S.A. 2C:58 ... to the person accused of the act of domestic violence." N.J.S.A. 2C:25-21(d)(1). Here, defendant does not contest the propriety of ... public in general or a person or persons in particular. [ N.J.S.A. 2C:25-21(d)(3).] Even if the domestic violence "complaint has been ... We need not determine if that finding was justified under N.J.S.A. 2C:25-21(d)(3), because we find return of the handgun forbidden ...

docket:	a4645-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-03-03
status:	Published
citation:
Document Size:	23708

17 STATE OF NEW JERSEY IN THE INTEREST OF DANNY BURT'S WEAPONS -- rank: 607

... DOES NOT AUTOMATICALLY MAKE HIM SUBJECT TO THE PROVISIONS OF N.J.S.A. 2C:25-21(d)(3) AND THE REVOCATION OF HIS FIREARMS PURCHASER CARD ... does not in and of itself satisfy the requirements of N.J.S.A. 2C:25-21(d)(3)." The argument is utterly without merit. The plaintiff ... a reason set forth in the Domestic Violence Forfeiture Statute, N.J.S.A. 2C:25-21(d)(3)." Millburn , supra , 197 N.J. at 246. Because ... card or a firearm under the Domestic Violence Forfeiture Statute, N.J.S.A. 2C:25-21(d)(3)" and there was no judicial finding to that ...

docket:	a4797-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-09-15
status:	Published
citation:
Document Size:	13845

18 STATE OF NEW JERSEY v. P.M. -- rank: 599

... officer, and to revoke his firearms identification card, pursuant to N.J.S.A. 2C:25-21(d)(3). The State contends that the trial judge erred ... April 5, 2012, the State filed a petition pursuant to N.J.S.A. 2C:25-21(d)(3) for forfeiture of the weapons and for revocation ... to the person accused of the act of domestic violence. [ N.J.S.A. 2C:25-21(d).] Thereafter, the weapons must be returned to the owner ... public in general or a person or persons in particular. [ N.J.S.A. 2C:25-21(d)(3).] Even if a domestic violence complaint is dismissed ...

docket:	a1549-12
court:	NJ Superior Court Appellate Division
decided:	2013-08-28
status:	unpublished
citation:
Document Size:	35022

19 IN THE MATTER OF THE SEIZURE OF WEAPONS BELONGING TO R.M. -- rank: 589

... items seized by the Englewood Police Department (Englewood), pursuant to N.J.S.A. 2C:25- 21, when respondent was arrested two months earlier and charged with ... card, and a handgun case. The State requested forfeiture under N.J.S.A. 2C:25-21(d)(3) and N.J.S.A. 2C:58-3 ... expose the victim to a risk of serious bodily injury.' N.J.S.A. 2C:25-21(d)(1)(b). This includes seizure of the purchaser identification ... weapons seized and to revoke any permits, licenses or authorizations. N.J.S.A. 2C:25-21(d)(3). It may object to the return of the ... court determines that the domestic violence situation no longer exists. [N.J.S.A. 2C:25-21(d)(3).] Here, the State requested the forfeiture of respondent ...

docket:	a1029-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-19
status:	Unpublished
citation:
Document Size:	32322

20 IN THE MATTER OF THE APPLICATION OF THE STATE OF NEW JERSEY FOR DISPOSITION OF WEAPONS BELONGING TO D.S. -- rank: 586

... Passaic County Prosecutor's Office moved for forfeiture pursuant to N.J.S.A. 2C:25-21(d)(3). The Family Part judge conducted a two-day ... expose the victim to a risk of serious bodily harm.' N.J.S.A. 2C:25-21(d)(1)(b). The seized weapons are inventoried, turned over ... the prosecutor timely applies to the Family Part for forfeiture. N.J.S.A. 2C:25-21(d)(2) to (3); F.M., 225 N.J. at ... court determines that the domestic violence situation no longer exists. [N.J.S.A. 2C:25-21(d)(3).] 'Therefore, even if a domestic violence complaint is ...

docket:	a3426-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-11
status:	Unpublished
citation:
Document Size:	25645

21 IN THE MATTER OF THE APPLICATION OF THE STATE OF NEW JERSEY FOR THE FORFEITURE OF PERSONAL WEAPONS AND FIREARMS IDENTIFICATION CARD BELONGING TO F.M -- rank: 565

... violence to seize the defendant's weapons and FPI card, N.J.S.A. 2C.25-21(d)(1), and permits the TRO court to forbid the ... public in general or a person or persons in particular. [ N.J.S.A. 2C:25-21(d)(3).] "[T]he burden of proof is upon the ... disabilities set forth in N.J.S. 2C:58-3c." N.J.S.A. 2C:25-21(d)(3). One of those disabilities states that "[n]o ...

docket:	a5368-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-08-25
status:	Published
citation:
Document Size:	37787

22 IN THE MATTER OF THE SEIZURE OF WEAPONS BELONGING TO W.W. -- rank: 565

... 533. A-0634-20 10 The Domestic Violence Forfeiture Statute, N.J.S.A. 2C:25-21, provides 'a law enforcement officer may arrest a person . . . where ... believe that an act of domestic violence has been committed.' N.J.S.A. 2C:25-21(b). A law enforcement officer who has probable cause to ... has been committed, shall determine whether there are any weapons, N.J.S.A. 2C:25-21(d)(1)(a), and may 'seize any weapon that the ... expose the victim to a risk of serious bodily injury.' N.J.S.A. 2C:25-21(d)(1)(b). '[T]he Domestic Violence Forfeiture Statute applies ... the automatic return of firearms seized by law enforcement officers. N.J.S.A. 2C:25-21. In this case, the judge reviewed the evidence and concluded ...

docket:	a0634-20
court:	NJ Superior Court Appellate Division
decided:	2021-10-06
status:	Unpublished
citation:
Document Size:	22084

23 STATE OF NEW JERSEY v. CASIMIR RUPINSKI, III -- rank: 563

... be the person who subjected the victim to domestic violence,' N.J.S.A. 2C:25-21(a), if '[t]he victim exhibits signs of injury caused by an act of domestic violence,' N.J.S.A. 2C:25-21(a)(1). However, the statute, which has been characterized as ... Officer Lamanteer had probable cause to arrest defendant pursuant to N.J.S.A. 2C:25-21(a)(1). D.F. reported defendant committed an act of ...

docket:	a2933-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-10
status:	Unpublished
citation:
Document Size:	28700

24 STATE OF NEW JERSEY v. MICHAEL RIVERA -- rank: 563

... pertinent provision of the Prevention of Domestic Violence Act ("PDVA"), N.J.S.A. 2C:25-21(d)(1), to "seize any weapon that is contraband, evidence ... and case, ammunition and stun gun under the PDVA, specifically N.J.S.A. 2C:25-21(d)(1). Rejecting defendant's contrary argument, the court ruled ... weapon that is contraband, evidence or an instrumentality of crime." N.J.S.A. 2C:25-21(d)(1). We agree that L.T.'s description of ... risk of severe bodily injury. Id. at 160; see also N.J.S.A. 2C:25-21(d)(1)(b). We distinguished in Perkins the police's ...

docket:	a4124-15
court:	NJ Superior Court Appellate Division
decided:	2016-08-05
status:	unpublished
citation:
Document Size:	23636

25 KATHLEEN CESARE V. RICHARD CESARE -- rank: 563

... violence is a serious crime against society...." (emphasis supplied). Likewise, N.J.S.A. 2C:25-21 on several occasions refers to law enforcement officers serving a ... requires a law enforcement officer to file a criminal complaint. N.J.S.A. 2C:25-21. A victim may file a domestic violence complaint, see N ...

docket:	a0093-96
court:	njappellate
decided:	1997-06-19
status:	published
citation:	<a href=
Document Size:	30281

26 IN THE MATTER OF THE SEIZURE OF WEAPONS BELONGING TO G.Z. -- rank: 547

... moved for forfeiture of respondent's weapons and FPIC under N.J.S.A. 2C:25-21(d)(3) and 2C:58-3(c). When respondent failed ... cards of alleged abusers may be seized under certain conditions. N.J.S.A. 2C:25-21(d)(1). If the court does not grant a FRO ... set forth in N.J.S.A. 2C:58-3c.' N.J.S.A. 2C:25-21(d)(3). However, the prosecutor can file a petition objecting ...

docket:	a0427-14
court:	NJ Superior Court Appellate Division
decided:	2015-07-29
status:	unpublished
citation:
Document Size:	22826

27 STATE OF NEW JERSEY v. R.G. -- rank: 547

... N.J.S.A. 2C:25-17 to 35. See N.J.S.A. 2C:25 21(d)(3) and 2C:58-3(c). The judge determined ... Act authorized the seizure of R.G.'s weapons. See N.J.S.A. 2C:25-21(d)(1). A law enforcement officer having probable cause, upon ... to purchase a handgun" in addition to the weapons themselves. N.J.S.A. 2C:25-21(d)(1)(b). The weapons and related documents are to ... public in general or a person or persons in particular." N.J.S.A. 2C:25-21(d)(3). Such petitions may be filed even if litigation ... establish that, by a preponderance of the evidence, pursuant to N.J.S.A. 2C:25-21(d)(3) and 2C:58-3(f), R.G.'s ...

docket:	a4051-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-18
status:	unpublished
citation:
Document Size:	25804

28 D.N. v. K.M. -- rank: 527

... plaintiff's civil complaint for the entry of an FRO. N.J.S.A. 2C:25-21. D.N. argues the court's obligations to assure a ...

docket:	a3022-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-24
status:	published
citation:	429 N.J.Super. 592 61 A.3d 150
Document Size:	56705

29 D.N. v. K.M. -- rank: 527

... plaintiff's civil complaint for the entry of an FRO. N.J.S.A. 2C:25-21. D.N. argues the court's obligations to assure a ...

docket:	a3021-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-24
status:	published
citation:
Document Size:	56643

30 IN THE MATTER OF SEIZURE OF FIREARMS, REVOCATION OF FIREARMS ID CARD, AND FORFEITURE OF RIGHT TO OWN FIREARMS BY GREEN BROOK TOWNSHIP AGAINST T.F. -- rank: 524

... criteria set forth in the Domestic Violence Forfeiture Statute (DVFS), N.J.S.A. 2C:25-21(d)(3),4 to determine whether the May 2007 order ... J.S.A. 2C:58-3(c)(8). Ibid. 4 N.J.S.A. 2C:25-21(d)(3) requires the State to formally move to bar ... Law Division judge did not misconstrue the law. Pursuant to N.J.S.A. 2C:25-21(d)(3), appellant is clearly subject to the disability set ...

docket:	a1334-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-04
status:	Unpublished
citation:
Document Size:	17555