WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender.
Important: Even if courts are closed, you can still file for a protection order and other emergency relief. See our FAQ on Courts and COVID-19.
Legal Information: North Carolina
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).1
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.
1 NCGS § 50B-3.1
© 2008–2020 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.