NJSBA Family Law Section

Any guidance on vacating a FRO from 1990.  My problem is that the plaintiff is now deceased, husband thought she dismissed after divorce as she told him she was going to.  He cannot renew his hunting license (which he never should have had since it was issued in 1994).  Trooper advised he had to file to dismiss in order to renew license and purchase hunting rifle. 
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Rebecca Bertram Esq
Bridgeton NJ
(856)455-6000

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Won't proof of her death be enough to prevail on a motion to vacate the FRO??

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Carol Weil Esq.
Laurel Springs NJ
(856)352-0050

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Original Message:
Sent: 06-26-2013 14:52
From: Rebecca Bertram
Subject: vacating FRO


Any guidance on vacating a FRO from 1990.  My problem is that the plaintiff is now deceased, husband thought she dismissed after divorce as she told him she was going to.  He cannot renew his hunting license (which he never should have had since it was issued in 1994).  Trooper advised he had to file to dismiss in order to renew license and purchase hunting rifle. 
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Rebecca Bertram Esq
Bridgeton NJ
(856)455-6000

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Ditto on the death proof. Judge should take 201(b) judicial notice of obit. Also see NJRE 803(c)(9) vital stats hearsay exception. Hope this helps.

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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585

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Original Message:
Sent: 06-26-2013 14:59
From: Carol Weil
Subject: vacating FRO

Won't proof of her death be enough to prevail on a motion to vacate the FRO??

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Carol Weil Esq.
Laurel Springs NJ
(856)352-0050

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Original Message:
Sent: 06-26-2013 14:52
From: Rebecca Bertram
Subject: vacating FRO


Any guidance on vacating a FRO from 1990.  My problem is that the plaintiff is now deceased, husband thought she dismissed after divorce as she told him she was going to.  He cannot renew his hunting license (which he never should have had since it was issued in 1994).  Trooper advised he had to file to dismiss in order to renew license and purchase hunting rifle. 
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Rebecca Bertram Esq
Bridgeton NJ
(856)455-6000

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100% chance the FRO is vacated.  I might try a letter to the PJFP before even bothering with a motion, as Curtis said the obit is subject to judicial notice.

...but.... that doesn't translate to a 100% chance that the guy gets his Firearms Purchaser ID back.  That would probably require a separate hearing, with the real-live prosecutor's office on the other side.  Good unpublished on it yesterday that reviews the law and points to published cases: IN THE MATTER OF THE SEIZURE OF WEAPONS BELONGING TO D.P.P.  http://www.judiciary.state.nj.us/opinions/a2434-11.pdf



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David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
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Original Message

Original Message:
Sent: 06-26-2013 14:52
From: Rebecca Bertram
Subject: vacating FRO


Any guidance on vacating a FRO from 1990.  My problem is that the plaintiff is now deceased, husband thought she dismissed after divorce as she told him she was going to.  He cannot renew his hunting license (which he never should have had since it was issued in 1994).  Trooper advised he had to file to dismiss in order to renew license and purchase hunting rifle.
-------------------------------------------
Rebecca Bertram Esq
Bridgeton NJ
(856)455-6000

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