Restraining Orders

Generally, if a person violates the terms of a protection order, it may be possible to have that person arrested and/or held in contempt of court (if a contempt/violation petition is filed). However, often times when the violation involves guns, there may be different law enforcement authorities that may handle it. If the judge includes a no gun provision as part of the order of protection, it may be handled by the local police, in the same way that a violation of any provision of the order may be handled. However, if the order just includes information on the federal law, which prohibits firearms when there is a protection order, then it may be the federal law enforcement (ATF) that handles it. You can read more about federal firearm laws and reporting a violation of them here:http://www.womenslaw.org/laws_state_type.php?id=12812&state_code=US&open…

If you are unsure whether your order specifically includes a no gun provision or if it’s just part of the federal law, you may want to show your order to an attorney who specializes in protection orders to find out. Here is a link for free and paid attorneys: LINK

Another issue you may encounter is how to prove to law enforcement or the judge that he is still in possession of the weapon. Again, talking to an attorney to figure this out may be useful. Also, you may want to make a plan for your safety at this point and for if you return to court. Here is a link for safety planning:http://www.womenslaw.org/simple.php?sitemap_id=3