The Impact Of Domestic Violence Restraining Orders On Firearm Possession And Carrying In Florida

Domestic Violence Restraining Orders And Firearm PossessionDomestic violence restraining orders, also known as injunctions for protection against domestic violence, are issued by courts in Florida to protect individuals from abuse, stalking, or harassment by a family or household member. When a restraining order is issued, it can have significant consequences for the respondent’s right to possess and carry firearms. This article will provide an overview of these consequences and how they apply in the state of Florida.

An Overview of Restraining Orders in Florida

There are several types of restraining orders that can be issued in Florida, including:

  • Injunctions for protection against domestic violence: This type of restraining order is issued to protect individuals from abuse, stalking, or harassment by a current or former spouse, cohabitant, or someone with whom the respondent has a child in common.
  • Injunctions for protection against repeat violence: This type of restraining order is issued to protect individuals from two or more incidents of violence or stalking by someone other than a family or household member.
  • Injunctions for protection against dating violence: This type of restraining order is issued to protect individuals from violence or stalking by a current or former dating partner.

The Impact of Restraining Orders on Firearm Possession and Carrying in Florida

Under Florida law, individuals who are subject to a restraining order are sometimes prohibited from possessing or carrying firearms. While this is not always required, if the judge passes a judgment asking the respondent to surrender their firearms, the respondent is required to surrender any firearms in their possession to a law enforcement agency. If the respondent fails to do so, they may be slapped with extra charges.

The prohibition on firearm possession and carrying applies to both long guns and handguns. It also applies to ammunition, as the respondent is required to surrender any ammunition in their possession along with their firearms.

Our family law attorneys are focused on efficiently and effectively preparing clients for the most difficult circumstances. The attorneys at HAWM law have experience dealing with an array of family law matters and can prepare the necessary and often unique strategy and tools that your family may require.

Exceptions to the Prohibition on Firearm Possession and Carrying

There are some exceptions to the prohibition on firearm possession and carrying for individuals who are subject to a restraining order in Florida. These exceptions include the following:

  • Law enforcement officers and correctional officers who are acting in the course of their employment: These individuals are not required to surrender their firearms if they are acting in the course of their employment as a law enforcement officer or correctional officer. That is, they can possess and use firearms while at work.
  • Military personnel who are acting in the course of their duties: Military personnel who are acting in the course of their duties are not required to surrender their firearms. That is, they can possess and use firearms while at work.

An Experienced Attorney Can Help

Domestic violence restraining orders can have significant consequences for an individual’s right to possess and carry firearms in the state of Florida. However, if you do not pose a significant threat or have a legitimate reason to carry firearms (e.g., for self-defense), then it is a good idea to try to argue that in court. That is where we come in.

The attorneys at our law firm are experienced in handling domestic violence cases and can provide the legal guidance you need to navigate this complex area of law. We specialize in obtaining/disputing violence restraining orders and related firearm possession issues.

Speak to us now to find out how we can help you.

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