Restraining Orders in Georgia: What if My Ex Has a Gun?
A violent ex in Georgia can pose serious threats, and these threats may be heightened by the presence of firearms. Whether your ex is a legal firearm owner or not, you might be worried about the prospect of gun violence while pursuing a restraining order. How does Georgia address this issue? Are there laws that can take your ex’s guns away? A family law attorney in Atlanta can help you approach this challenging safety issue with confidence and security.
Your Ex Might Need to Give Up Their Guns After You File Your Restraining Order
A restraining order may force your ex to give up their firearms. A permanent protective order (PPO) may include a restriction on possessing, receiving, or transporting firearms and ammunition. However, this may only apply if the defendant has stalked, harassed, or threatened an intimate partner in the past.
During a protective order hearing, a judge can specifically prohibit your abuser from possessing a gun as part of the final protective order. As a result, the abuser may face criminal charges if they attempt to acquire firearms while the protective order applies. With these restrictions in place, it is possible for them to violate their protective order without ever coming into contact with you.
Aside from state law, federal law also prohibits anyone convicted of misdemeanor domestic violence offenses from owning firearms. There are additional federal laws that restrict gun ownership for people subject to domestic violence protective orders. This is an important point, as someone might be subject to a domestic violence protective order without actually being convicted of a domestic violence offense in the past.
With all that said, the intersection of state and federal laws can be complex in this context. It may be difficult to determine what kinds of gun restrictions your ex will face without consulting a family law attorney. Note that regardless of these state or federal laws, all defendants convicted of felonies lose their right to bear arms in the United States. There are many family violence offenses in Georgia that may be prosecuted as felonies.
Are My Children Safe if My Ex Has a Gun?
If you share children with your ex, you might be concerned about the safety of your young ones. Your ex may have certain visitation rights, which means that family courts may be legally required to allow scheduled visits with the children. However, you can take steps to ensure that these visits are supervised. You might also highlight gun safety issues in your ex’s home – including improper storage of firearms and ammunition. Speak with a family law attorney to learn more about strategies for keeping children safe with gun owners.
Contact Kaye, Lembeck, Hitt & French Today
If you’re concerned about the prospect of gun violence after being in an abusive relationship, you have every right to consider your legal options. While calling 9-11 is always the best option when facing imminent threats, restraining orders in Georgia can provide additional layers of protection and security. To discuss this subject in more detail with experienced Atlanta family law attorneys, feel free to book a consultation with Kaye, Lembeck, Hitt & French at your earliest convenience.
Sources:
laurenscoga.org/DocumentCenter/View/37/Permanent-Family-Violence-Protective-Order-PDF
womenslaw.org/laws/ga/restraining-orders/all
