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December 14, 2023Is there anything I can do to make it more likely that the abuser's gun is taken away when I get a restraining order?
Wisconsin state law specifically says that if a judge grants you a final domestic abuse injunction, the judge must order the abuser to hand over any firearms in his/her possession to the authorities and forbid him/her from buying firearms, unless the abuser is a peace officer and is required to possess a gun as a condition of his/her job.1 However, you may also want to ask the judge to specifically write in the terms of the order that the abuser must give up his/her firearms. It also may be helpful if the judge:
- requires the abuser to give his/her guns to the police, or requires the police to go to the abuser’s house and get them;
- makes it clear to both you and the abuser how long the guns will be kept away from the abuser; and
- orders that the police notify you when the guns are returned to the abuser.
1 Wis. Stat. § 813.12(4m)(a)(2), (4m)(ag)
