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Cockerill, Craig & Moore, LLC | Attorneys At Law
856-429-1060
  • Home
  • About
    • Christine C. Cockerill
    • Jeffrey S. Craig
    • Barbara Barclay Moore
    • Matthew Marchini
    • Client Reviews
    • Wins & Successes
  • Family Law
    • Alimony
    • Child Support
    • Child Custody And Visitation
    • Divorce
    • Domestic Violence
    • Fertility And Assisted Reproductive Law
    • Prenuptial Agreements
  • Civil Litigation
    • Consumer Protection
    • Mold & Construction Defect Claims
    • Employment Law
    • Employer Consulting And Litigation
    • Litigation & Defense
    • Tort Claims Public Entity Defense
  • Personal Injury
    • Auto Accidents
    • Motorcycle Accidents
    • Trucking Accidents
    • Pedestrian and Bicycle Accidents
    • Premises Liability Claims / Slip – And – Fall Accidents
    • Dog Bites / Animal Attacks
    • Catastrophic And Disabling Injuries
    • Wrongful Death
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Strength. Strategy. Solutions.

RED FLAG LAWS: WHAT ARE THEY AND DO WE HAVE ONE IN NEW JERSEY?

On Behalf of Cockerill, Craig & Moore, LLC | Aug 12, 2019 | Firm News |

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The national debate about gun control includes the prospect of Congress taking up consideration of expanded background checks and “red flag” laws.  You might wonder what a “red flag” law is and how it may apply.  New Jersey has a red flag law called the “Extreme Risk Protective Order Act of 2018” and it is in the criminal code statutes at N.J.S. 2C:58-20.  This new law takes effect September 1, 2019.  The attorneys of Craig Annin & Baxter anticipate being on both sides of applications under the new statute. This law provides for “extreme risk protective orders” if requested by a law enforcement agency, law enforcement officer, or a family or household member.  Such an order issued by a Court would direct the temporary seizure of any deadly weapon, firearm, or ammunition from someone who poses a significant danger of bodily injury to self or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm.  N.J. S. 2C:58-23. The procedure and requirements for such an order are set forth in the statute.

  • A petition for a temporary extreme risk protective order will include an affidavit setting forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist, and, to the extent available, the number, types, physical description, and locations of any firearms and ammunition currently believed by the petitioner to be controlled or possessed by the respondent.
  • The court will not charge a fee to file the petition.
  • The court, before issuing a temporary extreme risk protective order, will examine under oath the petitioner and any witness the petitioner may produce. The court, rather than examine the petitioner and any witness, may rely on an affidavit submitted in support of the petition.
  • A judge will issue the order if the court finds good cause to believe that the respondent poses an immediate and present danger of causing bodily injury to the respondent or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm.

The County Prosecutor’s Office is directed to participate and provide the Court with information.

  • The county prosecutor or a designee of the county prosecutor must produce in an expedited manner any available evidence including, but not limited to, available evidence related to the factors set forth in this section, and the court must consider whether the respondent;
  • (1) has any history of threats or acts of violence by the respondent directed toward self or others;
  • (2) has any history of use, attempted use, or threatened use of physical force by the respondent against another person;
  • (3) is the subject of a temporary or final restraining order or has violated a temporary or final restraining order issued under the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (C.2C:25-17 et seq.);
  • (4) is the subject of a temporary or final protective order or has violated a temporary or final protective order issued under the “Sexual Assault Survivor Protection Act of 2015,” P.L.2015, c.147 (C.2C:14-13 et al.);
  • (5) has any prior arrests, pending charges, or convictions for a violent indictable crime or disorderly persons offense, stalking offense under section 1 of P.L.1992, c.209 (C.2C:12-10), or domestic violence offense enumerated in section 3 of P.L.1991, c.261 (C.2C:25-19);
  • (6) has any prior arrests, pending charges, or convictions for any offense involving cruelty to animals or any history of acts involving cruelty to animals;
  • (7) has any history of drug or alcohol abuse and recovery from this abuse; or
  • (8) has recently acquired a firearm, ammunition, or other deadly weapon;

If an order has been issued under this procedure the subject of the order (the respondent)  shall be prohibited from having custody or control of, owning, purchasing, possessing, or receiving firearms or ammunition, and from securing or holding a firearms purchaser identification card or permit to purchase a handgun pursuant to N.J.S.2C:58-3, or a permit to carry a handgun pursuant to N.J.S.2C:58-4 during the period the protective order is in effect and shall order the respondent to surrender firearms and ammunition in the respondent’s custody or control, or which the respondent possesses or owns, and any firearms purchaser identification card, permit to purchase a handgun, or permit to carry a handgun held by the respondent in accordance with section 7 of P.L.2018, c.35 (C.2C:58-26). Any card or permit issued to the respondent shall be immediately revoked pursuant to subsection f. of N.J.S.2C:58-3. An order issued under these provisions remains in effect until a further order is issued by the court.  It is provided to all law enforcement agencies in the State and must be enforced by any law enforcement officer in the State. Prior to filing a petition with the court, a family or household member may request assistance from a State, county, or municipal law enforcement agency which shall advise the petitioner of the procedure for completing and signing a petition for a temporary extreme risk protective order. A law enforcement officer from the agency may assist the family or household member in preparing or filing the petition. This assistance may include, but not be limited to, providing information related to the factors set forth in subsection f. of this section, joining in the petition, referring the matter to another law enforcement agency for additional assistance, or filing the officer’s own petition with the court.

Should you worry about fractured skull injuries in the long term?

On Behalf of Cockerill, Craig & Moore, LLC | Aug 30, 2021 | Motor Vehicle Accidents

When involved in a crash, you face the possibility of injuries that can have short and long-term impacts on your health. Your head, neck and back are the most likely to suffer from these damages. In particular, head injuries often give cause for concern. If you end up...

Bicycle Riders – Governor Murphy Signed Safe Passing Requirements into Law

On Behalf of Cockerill, Craig & Moore, LLC | Aug 17, 2021 | Motor Vehicle Accidents, Personal Injury

Between the pandemic, gas prices, and a desire for healthy exercise, bicycle traffic has increased in New Jersey and throughout the country.  Now New Jersey has joined 42 other states in mandating that drivers give bicyclists more room when passing – or face penalties...

Egg Harbor crash kills two, injures two others

On Behalf of Cockerill, Craig & Moore, LLC | Aug 16, 2021 | Motor Vehicle Accidents

Most people in New Jersey take to the state's roads and highways expecting that the other motorists they encounter care as much about accident avoidance as they do. While that assumption often proves true, there are those instances where one encounters an...

Commercial vehicle accidents and operator fault

On Behalf of Cockerill, Craig & Moore, LLC | Aug 2, 2021 | Commercial Vehicle Accidents

The Federal Motor Carrier Safety Administration mandates that commercial truck drivers use an electronic logging device. As noted by FreightWaves, instead of tracking their road hours on a paper log, an ELD records the information for drivers and stores it...

What are some sources of animal bite injuries?

On Behalf of Cockerill, Craig & Moore, LLC | Jul 19, 2021 | Animal Bites

Although some animals seem harmless at first, their bites may carry a variety of diseases and can even cause serious physical injury. Learning more about why these wounds make people ill or injured can help you understand what to do next. Disturbed resting areas...

What are signs of brain trauma?

On Behalf of Cockerill, Craig & Moore, LLC | Jul 1, 2021 | Personal Injury

After a shocking accident, you may notice signs of a worse issue happening with your brain and skull. Traumatic brain injuries can happen suddenly and affect every aspect of your life. Detecting the early signs of this problem will help you prevent further health...

What is premises liability?

On Behalf of Cockerill, Craig & Moore, LLC | Jun 30, 2021 | Personal Injury

You do not want to consider the prospect of an injury while out and about, but the reality is, there is always a chance. However, what makes an incident qualify under premises liability versus an unfortunate accident? Premises liability covers incidents that happen on...

5 of the Most Common Types of Cases to Appear in Civil Court

On Behalf of Cockerill, Craig & Moore, LLC | Jun 25, 2021 | Uncategorized

The civil court system is available to resolve conflicts between individuals, businesses and organizations. Craig Annin & Baxter’s Woodbury NJ civil law attorneys have expertise in helping their clients find the justice they deserve. Anyone considering legal...

APPELLATE DIVISION UPHOLDS MULTI-MILLION DOLLAR JUDGMENT IN MMA FIGHTER’S SHED RX CONTAMINATION CASE.

by johngrady | Jun 24, 2021 | Firm News

Cockerill, Craig & Moore, LLC partner Jeffrey S. Craig worked with Howard Jacobs to vindicate and obtain compensation for Yoel Romero whose rise in MMC rankings was detoured by contamination of a Gold Star supplement he took as part of his training regimen. Gold Star’s SHED RX product was contaminated with a banned substance causing Romero to fail a screening. Finding that Gold Star violated New Jersey’s Consumer Fraud Act a trial court awarded a multi-million dollar judgment. The Appellate Division reviewed the judgment and upheld the trial court in part, modified one aspect of the judgment, and remanded a third category of damages for further consideration. The modified award now totals $12,450,000 with the potential for that to be increased to compensate Romero for harm to his reputation. Yoel Romero v. Gold Star Distribution, LLC d/b/a Gold Star Performance Products, A-0379-20 New Jersey Superior Court, Appellate Division decided June 24, 2020.

What leads to a slip and fall injury?

On Behalf of Cockerill, Craig & Moore, LLC | Jun 10, 2021 | Premises Liability

Not only can slip and fall injuries leave you with severe head and spine complications, but you can also struggle to know who was at fault. Knowing how these incidents happen is important for anyone struggling to recover after a fall. Unsafe conditions According to...

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