If you have a domestic violence restraining order against someone, are they still allowed to have guns?

Asked 9 months ago - Tacoma, WA

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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?

Attorney answers (3)

  1. Contributor Level 14

    4

    Lawyers agree

    Answered August 29, 2012 15:03. 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.

  2. Contributor Level 19

    1

    Lawyer agrees

    Answered August 29, 2012 15:18. No.


    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
    Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more
  3. Pro

    Contributor Level 11

    Answered September 02, 2012 05:04. Is there language in the Restraining Order prohibiting gun possession?

    No attorney/client relationship is formed between the attorney responding to this question and the individual... more

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