Is there anything I can do to make it more likely that the abuser's gun is taken away when I get a protection order?
Here are a few things that may help:
- 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); and
- Ask the judge to specifically write in your protection order that the abuser cannot own, buy or have a gun while the order is in effect (although this may not be something that the judge will do under Idaho laws).
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 based on the federal law prohibition against possessing guns when a final protection order is in place. If the judge agrees to add language that the abuser cannot keep his/her guns while the protection order is in effect, you may also want to ask that the judge:
- Require the abuser to give his/her guns to the police, or require the police to go to the abuser’s house and get them;
- Make it clear to both you and the abuser how long the guns will be kept away from the abuser; and
- Order that the police notify you when the guns are returned to the abuser.