I and my niece are both involved in a domestic situation in which he has been arrested and charged. She filed for her restraining order approximately a year prior to mine. When I filed for mine, charges were pressed and at the time he was arrested, he had guns. He was charged with 2 counts of felon in possession but I have since learned his gun rights had been restored. Since my niece had her restraining order in place prior to his arrest, would he still not be in violation by having the guns on him?
Family Law Attorney
It depends on what restrictions were placed on him pursuant to the restraining order. I suggest you conatct boith courts where the restraining orders were filed and ask what conditions were ordered by the court. With that information, you will know if he could lawfully be in possession of firearms or not. If he could not, then you may want to contact the Prosecuting Attorney's office with this information.
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