Prohibiting possession of martial arts weapons is permitted under the Prevention of Domestic Violence Act

Law Lessons from McAteer v. Guzenski, App. Div. (A-1540-07T3; January 21, 2009):

N.J.S.A. 2C:25-29(b)(16) provides that in addition to entering an order prohibiting a defendant found to have committed an act of domestic violence from possessing any firearm, a “court may also issue an order prohibiting the defendant from possessing any other weapon enumerated in subsection r. of N.J.S.A. 2C:39-1.”

Although martial arts items (e.g., a sword, throwing spikes and stars, crossbow, staffs, spear, knives, and nunchucks) are not specifically identified as weapons in N.J.S.A. 2C:39-1, the definition of “weapon” contained in this section as, “anything readily capable of lethal use or of inflicting serious bodily injury,” includes martial arts equipment. Ibid. Thus, the entry of an order permanently prohibiting defendant from possessing martial arts weapons is the type of relief a court is expressly permitted to grant under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35. However, as the language of the Act makes clear, such a prohibition is permissive, not mandatory. N.J.S.A. 2C:25-29(b)(16).


This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator. Legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ; including the municipalities of Fanwood 07023; Garwood 07027; Kenilworth 07033; Mountainside 07092; New Providence 07974; Roselle Park 07204; Roselle 07203; Elizabeth 07201; Linden 07036; Plainfield 07060; Rahway 07065; Summit 07901; Westfield 07090; Berkeley Heights 07922; Clark 07066; Cranford 07016; Hillside 07205; Scotch Plains 07076; Springfield 07081; Union 07083; Winfield; Carteret 07008; Dunellen 08812; East Brunswick 08816; Edison 08817; Jamesburg 08831; Metuchen 08840; New Brunswick 08901; Old Bridge 08857; Perth Amboy 08861; Sayreville 08871; South Amboy 08878; South River 08877; Avenel 07001; Colonia 07067; Iselin 08830; Woodbridge 07095; Somerset 08873; Somerville 08876 and Watchung 07069, New Jersey. Legal services include family law, divorce, child support, litigation, arbitration, mediation, child custody and visitation, alimony, equitable distribution, separation agreements, palimony, PSA, property settlement agreement, premarital and prenuptial agreements, midmarriage and marital agreements. My Law Office is located at 726 West Saint Georges [W. St. Georges] Avenue (Route 27), Linden, NJ. Telephone: 908-486-2200