Protection Orders & Your Right to Own Firearms

Often known as a restraining order, a protection order is a legal directive issued by a court to protect an individual from harassment, abuse, or threats. It can restrict the actions of the person it is filed against, including their proximity to the petitioner. Protection orders can be temporary or permanent and impact various aspects of one's life, including firearm ownership. 

Exercising your right to own firearms while dealing with protection orders can be complicated. Balduchi Law Office, PC, is here to guide you through the legal ramifications of protection orders on firearm ownership 

Types of Protection Orders

Protection orders come in different forms. Each has distinct implications for firearm rights: 

• No-contact orders: Primarily used in cases of domestic violence, these orders prohibit any form of contact between the petitioner and the respondent. 

• Restraining orders: These are more general and can be issued for contexts other than domestic violence, such as stalking or harassment. 

• Emergency Protective Orders (EPOs): Granted swiftly to provide immediate protection when there is an imminent threat. 

• Domestic Violence Orders (DVOs): Specifically tailored to address situations of domestic abuse, these orders can last for a more extended period and often come with stricter conditions, including mandatory surrender of firearms. 

• Temporary Restraining Orders (TROs): Issued before a formal hearing, these orders provide short-term protection and can include provisions that temporarily restrict firearm ownership until a final decision is made. 

How Protection Orders Affect Firearm Ownership 

Federal and state laws intersect when it comes to protection orders and firearm ownership. Federally, the Lautenberg Amendment to the Gun Control Act prohibits individuals subject to certain protection orders from possessing firearms. This includes: 

• Orders involving intimate partner violence 

• Orders where the respondent was given notice and an opportunity to defend themselves 

Federal Laws Governing Firearm Ownership 

The federal framework is primarily built around the Gun Control Act of 1968 and subsequent amendments. The Lautenberg Amendment, mentioned earlier, plays a significant role. Under these federal laws: 

• Individuals with qualifying protection orders cannot purchase or possess firearms. 

• Violating these provisions can lead to severe penalties, including fines and imprisonment. 

The Importance of Compliance 

Compliance with protection orders is not just a legal obligation but an important step toward resolving underlying issues. Non-compliance can lead to: 

• Increased legal penalties 

• Compromised personal safety 

• Extended legal battles 

• Loss of firearm rights 

• Damage to reputation 

• Impact on custody arrangements 

• Complications in legal standing 

What to Do if You’re Subject to a Protection Order

If you find yourself under a protection order, your immediate steps should include: 

• Legal advice: Seek advice from a qualified attorney to understand your rights and obligations. 

• Firearm surrender: Comply with any court-mandated firearm relinquishment to avoid further legal complications. 

• Documentation: Keep detailed records of all interactions and compliance steps to support your case in court. 

• Communication: Avoid contacting the petitioner in any form, as this could be construed as a violation of the protection order and lead to additional penalties. 

• Counseling or support services: Consider engaging in counseling or support groups to address any underlying issues and demonstrate your commitment to positive change to the court. 

• Educate yourself: Familiarize yourself with the specific terms and conditions of the protection order to ensure full compliance and avoid inadvertent violations. 

The Role of the Courts

Courts play a major role in issuing and enforcing protection orders. They evaluate evidence, hear testimonies, and make decisions aimed at protecting individuals while balancing legal rights. They also monitor compliance with protection orders and take necessary action against violations.  

Courts can modify, extend, or terminate protection orders based on changing circumstances or new evidence presented by either party. Judges may also facilitate access to resources such as counseling, legal aid, and support services to address the needs of both the petitioner and the respondent. 

Iowa Laws on Firearm Ownership and Protection Orders 

Iowa’s laws align closely with federal guidelines but include additional nuances. Key points include: 

Iowa Code Section 724.26  

This includes prohibitions like barring firearm possession for individuals under specific protection orders. This section also mandates the immediate surrender of any firearms upon the issuance of a protection order to ensure compliance and enhance the safety of all parties involved. Violations can result in severe penalties, including imprisonment and fines. 

Background Checks 

Iowa mandates that individuals seeking to purchase firearms must undergo background checks to ensure compliance with both federal and state protection order restrictions. This includes a detailed review of any existing protection orders that could disqualify them from firearm ownership. 

Penalties for Non-Compliance 

Violating Iowa's firearm regulations in the context of protection orders can result in significant legal consequences. This includes potential misdemeanor or felony charges, which can carry hefty fines and imprisonment, depending on the severity of the violation. 

Restoration of Rights 

In certain circumstances, individuals subject to protection orders in Iowa may petition the court for the restoration of their firearm rights. This process typically requires demonstrating evidence of changed circumstances, such as the expiration or dismissal of the protection order, and proof that the individual no longer poses a threat to the petitioner or public safety. 

Seek Skilled Legal Support

Balduchi Law Office, PC, has over 30 years of combined expertise in criminal defense and personal injury law. Their attorneys meticulously examine every aspect of your case to champion the justice you rightfully deserve.  

Attorney Kent Balduchi, a former firefighter and paramedic, has a deep understanding of medical documentation and injury mechanisms, setting him apart. He prioritizes client engagement, answering questions, and addressing concerns with patience and care. If you have a criminal defense issue in Des Moines, Iowa, Polk County, or the surrounding counties, get in touch with Balduchi Law Office, PC today.