New Jersey Red Flag Lawyer - Adam M. Lustberg

From Lustberg Law Offices, LLC - New Jersey Red Flag Lawyer breaks down how an Extreme Risk Protective Order, or ERPO, can lead to the immediate seizure of firearms, ammunition, and permits in New Jersey, often before a respondent has the chance to appear in court. This episode explores the Extreme Risk Protective Order Act of 2018, N.J.S.A. 2C:58-20 to 32, the September 1, 2019 rollout of the state’s red flag law, and what it means when a temporary ERPO is issued ex parte in Superior Court. Listeners will hear how these civil orders differ from criminal charges, why they can still carry major consequences, and how the process unfolds in Bergen County and across the state.

The conversation highlights who can file an ERPO petition, including a current or former spouse, domestic partner, civil union partner, household member, co-parent, dating partner, or law enforcement officer, and explains how a sworn affidavit, search warrant, and final hearing can shape the outcome. It also examines the evidence judges may consider, such as threats, acts of violence, prior restraining orders under the Prevention of Domestic Violence Act and the Sexual Assault Survivor Protection Act, substance abuse, mental health history, recent firearm purchases, and alleged violations tied to N.J.S.A. 2C:29-9(e). The episode also clarifies the difference between a temporary ERPO and a final ERPO, including the “good cause” standard, the preponderance of the evidence threshold, and the consequences of an order that can remain in effect indefinitely until terminated.

Adam M. Lustberg, Esq., founding attorney of Lustberg Law Offices, LLC, brings more than 14 years of criminal defense experience to the discussion, including work involving ERPO proceedings, firearms offenses, weapons cases, violent crimes, drug cases, and homicide matters. The episode touches on his background at the Essex County Public Defender's Office, the Juvenile Justice Clinic, Seton Hall University School of Law, and his practice in both New Jersey and New York. It also covers how respondents can challenge allegations, cross-examine witnesses, present documents, file a petition to terminate a final ERPO, and address the real-life effects these proceedings can have on employment, firearm rights, and confidential law enforcement registry records.

Serving clients from Hackensack and throughout Bergen County, Hudson County, Passaic County, and Essex County, this podcast also speaks directly to communities including Paramus, Fort Lee, Teaneck, Englewood, Ridgewood, Fair Lawn, Garfield, Bergenfield, Lodi, Jersey City, Hoboken, North Bergen, Union City, Bayonne, Paterson, Clifton, Wayne, Totowa, Newark, Montclair, Bloomfield, and Nutley. It closes with practical insight into Bergen County Superior Court, Passaic County Superior Court, Hudson County Superior Court, Firearms Purchaser Identification Card issues, permit to purchase a handgun matters under N.J.S.A. 2C:58-3, permit to carry questions under N.J.S.A. 2C:58-4, and the steps someone should take after being served with a temporary ERPO. For anyone facing firearm restrictions or trying to understand New Jersey’s red flag law, this episode offers a clear, detailed look at the stakes, the process, and the defense options available.

Lustberg Law Offices, LLC

1 University Plaza Dr #212, Hackensack, NJ 07601, United States

(201) 880-5311

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