Is there anything I can do to make it more likely that the abuser's gun is taken away when I get an order for protection?
Indiana state law does not specifically say that anyone who has an order for protection against him/her cannot own or buy a gun but the judge can specifically order this as part of your order for protection. In addition, the order for protection form should automatically say that the abuser cannot have or buy a gun due to federal law.1
To try to make it clear that the abuser cannot have a gun, here are a couple things you may want to 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 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 is included on your order for protection.
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. Therefore, you may also want to ask the judge:
- if it can be written in the order that the police to go to the abuser’s house and get the guns;
- to make it clear to both you and the abuser how long the guns will be kept away from the abuser; and
- to order that the police notify you when the guns are returned to the abuser.
1 IC § 34-26-5-3(c)