English
EspañolI have a temporary ex parte order against the abuser. Do I have to wait until I receive a permanent order before the abuser's gun is taken away?
Every protective order, including a temporary ex parte order, is supposed to have this warning printed on it:
“IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION.”1
Also, there should be a box that the judge can check on your temporary order which states that the respondent cannot possess a firearm or ammunition while the temporary order is in place and that his/her license to carry a concealed handgun is immediately suspended.
1 Tex. Fam. Code § 85.026(a)
I have a protective order against the abuser. Can they have or buy a gun?
If the judge believes that the abuser committed family violence, the judge can prohibit the abuser from possessing a firearm as part of your protective order.1 The judge is also supposed to suspend an abuser’s license to carry a concealed handgun if the judge finds that they committed family violence.2 However, if the abuser is a peace officer who is currently employed as a sworn, full-time paid employee of a state agency or political subdivision, the judge cannot prohibit them from having a firearm.1
Federal laws, which apply to all states, also restrict an abuser’s right to have or buy a gun, if you have a protective order against them that meets certain requirements. Go to Federal Gun Laws to get more information.
State and federal laws that prohibit the abuser from having a gun only apply during the time period that you have an active (valid) protective order. For more information, see the types of protective orders available in Texas.
If you need to speak to someone in your area about local gun laws or to plan for your safety, our Texas Advocates and Shelters page can help you find a program in your area.
1 Tex. Fam. Code § 85.022(b)(6)
2 Tex. Fam. Code § 85.022(d)
Is there anything I can do to make it more likely that the abuser's gun is taken away when I get a protective order?
There should automatically be language on your protective order that states that the respondent (person who the order is against) cannot posses a firearm or ammunition while the protective order is in effect.1 You will want to make sure that this information is included on your order.
However, it could also be important to tell the judge if the abuser has a gun, how many guns s/he has, and if s/he has ever threatened you with a gun(s).
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. Although the judge may deny your request, you may even want to ask the judge to:
- 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.
- Order that the police notify you when the guns are returned to the abuser.
1 Tex. Fam. Code § 85.026(a)
