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December 22, 2023Is there anything I can do to make it more likely that the abuser's gun is taken away when I get a domestic violence protective order (DVPO)?
Here are some steps you can take to try to emphasize to the judge that the restriction should be written into the order:
- Be sure to include information in your complaint if the abuser has done any one of the following:
- s/he has a history of using or threatening to use a deadly weapon;
- s/he has threatened to seriously injure or kill you or your child;
- s/he has threatened to commit suicide; or
- s/he has seriously injured you or your child.1
- If the abuser has a gun, tell the judge how many guns s/he has, where those guns are (if you know) and if s/he has ever threatened you with a gun(s).
- Ask the judge to check the box on your DVPO that the abuser cannot own, buy or have a gun while the DVPO is in effect.
- Before leaving the courthouse, check to make sure that the gun restriction is checked on your DVPO.
It also may be helpful if the judge explains what will happen to the abuser’s guns once you leave the courthouse, who will take them, and where they will be held.
1 NCGS § 50B-3.1
