Is there anything I can do to make it more likely that the abuser's gun is taken away when I get an injunction for protection against domestic violence?
Florida state law says that anyone with a final injunction for protection against domestic violence or stalking/cyberstalking currently in effect against him/her cannot have or buy a firearm.1 By law, the final injunction for protection should state that it is against the law for the respondent to have any firearm or ammunition in his/her care, custody, possession, or control.2
However, here are a couple things you can ask for in court:
- If the abuser has a gun, tell the judge how many guns s/he has, and if s/he has ever threatened you with a gun(s).
- Ask the judge to mark a check next to number 3(b) on page 3 of your injunction, and to write in the county sheriff’s office where the abuser has to surrender his/her guns.
- Before leaving the courthouse, check to make sure that this box is checked on your 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 you leave the courthouse. The judge can add this information next to number 3(c) on page 3 of your injunction. Therefore, you may also want to ask that the judge:
- Require the police to go to the abuser’s house and get the guns.
- Make it clear to both you and the abuser how long the guns will be kept away from the abuser.
- Order that the police notify you when the guns are returned to the abuser.
1 F.S.A. § 790.233(1)
2 F.S.A. § 741.30(6)(g)