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Restraining Orders

Getting firearms taken away as a part of a RO

[THIS IS FLORIDA-SPECIFIC, THOUGH IT WILL BE SIMILAR IN MOST STATES. CHECK TO SEE IF THE HOTLINE USER’S STATE ALLOWS FOR GUN CONFISCATION AS A PART OF ITS RESTRAINING ORDER STATUTES.]

One option for your friend is to file for an injunction for protection against domestic violence (basically what FL calls a restraining order). An injunction is a civil court order that can order your abuser to stay away from you, not contact you, or risk arrest. It may even be able to award your friend temporary custody of the children, and possession of the house.

In addition, if your friend receives a final injunction for protection against her abuser, her abuser cannot have or buy any guns, according to federal and FL state law. Meaning, his 3 guns would have to be confiscated and kept by the police while the Injunction was in effect. He would also not be able to buy any new guns. For a step by step guide on how to file for an Injunction in FL and more information about what it is and what it can do for you, go here: [RESTRAINING ORDER PAGE].

If your friend does file for an injunction, there are a couple of steps she may want to take to make sure that her abuser’s guns are taken away:

  1. If the abuser has a gun, she may want to tell the judge how many guns he has, and if he has ever threatened her with a gun(s).
  2. She could ask the judge to specifically write in her injunction that the abuser cannot buy or have a gun while the injunction is in effect.
  3. Before leaving the courthouse, it may help for her to check to make sure that the gun restriction is written on her injunction.

It also may be helpful if the judge explains what will happen to the abuser’s guns, who will take them, and where they will be held once she leaves the courthouse. She may also want to ask that the judge:

  1. Require the abuser to give his guns to the police, or require the police to go to the abuser’s house and get them.
  2. Make it clear to both her and the abuser how long the guns will be kept away from your abuser.
  3. Order that the police notify her when the guns are returned to her abuser.

Your friend might also want to contact a local domestic violence organization. They may have come across similar situations before and can help her think through it and develop a plan to keep her safe. Sometimes they can refer women to lawyers or help them through the legal process themselves. To find a domestic violence organization in [STATE], see [STATE AND LOCAL PROGRAMS]

Finally, I would also encourage your friend to safety plan. Safety planning is thinking of ways to keep yourself as safe as possible. We have some tips to get her started at http://www.womenslaw.org/simple.php?sitemap_id=3, but I would also encourage her to speak with an advocate at her local domestic violence organization, who can help her design a personalized plan.

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