STATE OF NEW JERSEY VS. W.C. (FO-08-0264-20, GLOUCESTER COUNTY AND STATEWIDE) (RECORD IMPOUNDED), A-0800-20

May 6, 2020: Emma filed a PDVA complaint alleging harassment; a TRO was entered and police seized 17 firearms from W.C.
May 19, 2020: First FRO entered after a trial at which defendant claimed he received late notice and requested an adjournment to obtain counsel; the request was denied.
Defendant obtained counsel, successfully moved for reconsideration, and the court ordered a retrial.
June 18, 2020: After a second trial with counsel, the court vacated the May 19 FRO and dismissed the PDVA complaint.
The State moved to forfeit the seized weapons under N.J.S.A. 2C:25-21(d)(3), arguing the two‑year firearms bar in N.J.S.A. 2C:25-29(b) made defendant "subject to" a restraining-order disability under N.J.S.A. 2C:58-3(c)(6).
The Family Part denied forfeiture, concluding the vacated FRO could not support the two‑year disability; the State appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a restraining order that was vacated after reconsideration and retrial still renders a defendant "subject to" a PDVA restraining‑order disability (N.J.S.A. 2C:58-3(c)(6)) via the two‑year bar in N.J.S.A. 2C:25-29(b), permitting forfeiture under N.J.S.A. 2C:25-21(d)(3).	The State: the statute mandates a minimum two‑year firearms bar once an FRO is entered, so even if later vacated the two‑year bar (and thus the disability) applies and supports forfeiture.	Defendant: the FRO was improvidently entered and vacated after reconsideration and retrial; absent a valid restraining order or other statutory disability, forfeiture is not warranted.	Affirmed: vacatur of an FRO entered in error means it cannot support the two‑year bar disability under N.J.S.A. 2C:58-3(c)(6); the State failed to prove any other disqualifying disability to justify forfeiture.

In re Forfeiture of Pers. Weapons & Firearms Identification Card Belonging to F.M., 225 N.J. 487 (2016) (PDVA's weapons seizure/forfeiture framework and return/forfeiture standards)
M.S. v. Millburn Police Dep't, 197 N.J. 236 (2008) (domestic violence complaint is civil; State may seek forfeiture post‑dismissal if statutory disabilities exist)
In re Return of Weapons to J.W.D., 149 N.J. 108 (1997) (forfeiture permissible after dismissal if defendant is disqualified under N.J.S.A. 2C:58-3(c)(5))
H.E.S. v. J.C.S., 175 N.J. 309 (2003) (due process requires adequate opportunity to prepare and obtain counsel in PDVA hearings)
State v. Morrison, 227 N.J. 295 (2016) (statutory interpretation reviewed de novo)