State Gun Laws

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)