Can You Own a Gun if You Have a Restraining Order Against You

If you have been served an injunction, you may wonder just how this will bear upon other aspects of your life. Primarily, if you ain a gun, y'all may wonder if it is now illegal to have it in your possession. This commodity volition talk over the litigation that prohibits the possession of a firearm while under an injunction in the state of Florida.

Getting an Injunction in Florida

An injunction is a legal term for a restraining guild. Information technology is given to proceed one person from contacting some other. In Florida, there are five different categories under which an injunction can fall. These are:

• Domestic violence
• Stalking violence
• Repeat violence
• Sexual violence
• Dating violence

Typically, the one seeking an injunction against you lot (the Petitioner) will demand to evidence the court feasible evidence that she needs a protective guild for her rubber or the safety of her children. If the court decides to dominion in her favor, and so you lot (the Respondent) will be served a restraining order

Although the terms of each order differ from each other, the overall goal is to keep you and the Petitioner separated. In some cases,  it may exist adequate that y'all and the other person meet to hand over children for a court-issued child custody agreement in terms of supervision. Typically, contact is severed. You run the risk of penalties and usually arrest if you attempt to contact the other person.

Keep in mind that it is too possible to face up penalties if the other person contacts y'all, also. So, if to avert criminal penalties later being served with an injunction, it is best to stay out of contact completely with the Petitioner and avoid legal trouble.

Possession of a Firearm with an Injunction

This leads to the question of your ability to possess a firearm when served an injunction. At that place are two levels to examine. On the federal side, 18 U.S.C. §922(yard)(eight) makes information technology illegal to own or possess a firearm while you accept an injunction against you. The State of Florida also institutes its own police force about firearms. Section §790.233(1) of the 2022 Florida Statutes as well states that to possess or send a firearm while under an injunction is illegal.

Then, if you possess a firearm while y'all are served an injunction, information technology is best to paw over the gun to someone else. Violating the terms of an injunction in whatever capacity could result in abort and incarceration.

Protecting Your Firearms from an Injunction

If you are defendant of domestic violence and are concerned nigh preserving your 2nd Subpoena rights, chaser Thomas Feiter can help you take the correct measures to assist your case. Mr. Feiter was named the Florida Bar's Board-Certified Lawyer of the Year in 2022 and has all-encompassing experience equally a trial lawyer in Orlando. Telephone call The Fighter Police Firm at 807-344-4837 or fill up out our contact form for a complimentary consultation.

Share:

cheathammilitaidele.blogspot.com

Source: https://www.fighterlaw.com/can-i-own-guns-with-an-injunction-against-me/

Share this post