Sicklerville, NJ asked in Criminal Law, Divorce and Family Law for New Jersey

Q: What are my options for using the red flag law in nj against my husband? He has been using drugs, and making suicidal

My husband has been using drugs, and acting erratic. He's made suicidal references. He is diabetic and not taking care of himself. He has called our small children curse words. I want to know, since he owns MANY guns, in a safe I have no access to, how and what anonymous actions I can take to protect us all.

1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Millburn, NJ
  • Licensed in New Jersey

A: 1. I would write down the specific behavior changes you have noticed with your husband in the past 6 months and how those changes have become more erratic ( and using specific examples with dates and time if possible) and why that behavior is causing you fear for your husbands actions having access to guns.

2. I would identify the specific threats to kill himself in the past 6 months - again with dates and times and as much detail as possible and whether those threats are becoming more frequent.

3. I would also write down as many incidents as possible as you can recall ( numbering each separate item) where you have seen his behavior become more threatening and unstable and why those type actions are causing you to fear for your safety, the safety of your children, your husband's safety or the safety of others.

Take that written material to the local police department and tell them that you are fearful for your husbands continued possession of firearms so that they can take your material and have it prepared into a formal written submission to a court - so that a judge has a certified statement detailing the basis for your fears so he can examine whether there is a basis to temporarily take possession of his firearms and ask for a mental health evaluation.

Simply because your husband is now cursing at the children or using drugs, does not mean that he is mentally unstable and that either is sufficient to take his guns.

You need to provide specific details, incident after incident of threats, erratic behavior, suicidal thoughts and then you can add the drug use ( identifying what drugs, and when you believe the drug use started) and his change in behavior towards your children and why that change is causing you fear.

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