Courts issue protective orders to prevent domestic violence, dating violence, and stalking. However, these orders can impose significant limitations on the individuals named in the order and can affect that person’s Second Amendment rights. If someone has filed for a protective order against you, Elmen Legal can protect your rights and minimize the restrictions imposed by the protective order.
Courts issue Personal Protective Orders, also known as restraining orders, to protect victims of domestic violence, dating violence, or stalking. These orders typically include provisions that prevent the Respondent (the person against whom the order is issued) from engaging in behaviors that harm, threaten, or harass the Petitioner (the person who requested the order).
In most cases, violation of a protective order is a misdemeanor, punishable by up to 93 days in jail and a $500 fine. However, beyond the penalties for a violation, having a protective order taken out against you can prevent you from appearing in certain places or communicating with individuals covered by the protective order. In addition, if you are charged with a crime, you could face additional criminal charges and harsher penalties if your conduct violated the terms of the order.
Most standard protective orders in Michigan do not explicitly ban the Respondent from possessing firearms. However, the judge who issues the order can choose to add a firearm restriction.
Nonetheless, certain federal and state laws can affect the Respondent’s firearm rights.
Many people mistakenly ignore having a protective order taken out against them, believing it will not matter because they have no intention of having contact with the Petitioner. However, this belief is flawed and could have serious consequences.
When a protective order is issued, that information is entered into the Law Enforcement Information Network (LEIN). A protective order could suggest you are a dangerous person and could pose a threat. A protective order can also limit your ability to move about freely, restrict your firearm rights, and harm custody arrangements. If someone has filed for a protective order against you, Elmen Legal can evaluate your circumstances and work to convince the judge not to issue the order or, at a minimum, make its terms as minimally restrictive as possible.
Exercising your Second Amendment rights after someone has filed for a protective order against you requires navigating a complex web of federal and state laws. An experienced attorney can ensure your rights are protected, the process is handled correctly, and that any restrictions are as minimal as necessary. An experienced criminal defense attorney can also safeguard your long-term firearm rights and improve the chances of having your full firearm rights restored in the future.
Elmen Legal is located in Ann Arbor and represents individuals throughout Michigan. Call (734) 707-8915 or contact Elmen Legal online to schedule an appointment to discuss your situation and how Robert Elmen can help.
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