I have an emergency ex parte DVPO against the abuser. Can s/he have a gun?
Maybe. At the ex parte hearing, the judge is supposed to ask if the abuser has firearms, and should order that the abuser surrender all firearms if the court finds that the abuser:
- Has a history of using or threatening to use a deadly weapon against you or anyone else;
- Has threatened to seriously injure or kill you or your child(ren);
- Has threatened to commit suicide; or
- Has seriously injured you or your child(ren).*
If the judge does not ask you about the abuser’s firearms, please speak up and tell this information to the judge anyway. You can ask that the judge order his firearms to be removed immediately. If the judge decides not to write a firearm restriction in the ex parte order, then you may have to wait until you are given a final DVPO.
* NCGS § 50B-3.1