Is there anything I can do to make it more likely that the abuser's gun is taken away when I get a Restraining Order?
VI law says that a judge can put a prohibition against gun possession in the restraining order. There are a couple steps you can take to help make it clear to the judge that the gun ban should be included in the restraining order:
- If the abuser has a gun, tell the judge how many guns he has, and if he has ever threatened you with a gun(s).
- In some copies of the restraining order, the gun prohibition is already there. If it is not, you can ask the judge to specifically write in your order that your abuser cannot own, buy or have a gun while the order is in effect.
- Before leaving the courthouse, check to make sure that the gun restriction is written on your order.
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. If the judge agrees to add language that your abuser cannot keep his guns while the restraining order is in effect, you may also want to ask that the judge:
- Require the abuser to give his 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 your abuser.
- Order that the police notify you when the guns are returned to the abuser.