Protective Order and Firearms
Hello, my name is Brian L. Jackson. I’m a Tulsa father’s rights attorney here with Dads.Law, where fathers are not disposable. Guys, there’s been some interesting developments recently in federal law, and this definitely implicates some of my audience here, those of you who are unfortunately finding yourselves on the business end of the TECA board proceedings.
The Supreme Court recently took up a case involving the provision under federal law, which is under the Violence Against Women Act, which is also known as VAWA, that prohibits a person subject to a final protective order from possessing or purchasing a firearm. And the challenge is that it has been argued that that is not constitutional. Now, it is an interesting argument, and depending on what your philosophy is of how to read the Constitution, there might actually be a legal argument in there. I don’t necessarily intend to get into a long exposition of that.
For our purposes, what I was planning to talk about was the consequences of POs and why they are more serious in some ways than, like, a lot of misdemeanors in Oklahoma. If you’re talking about a non-predicate misdemeanor, and even a predicate misdemeanor, they don’t take away your right to possess a firearm, for the most part, with the exception of a DV charge, do not have the same effect on your rights to your children. I mean, obviously, if you get arrested for DUI, a court can and will consider that in a custody dispute, but it doesn’t set up the same automatic negative connotation that a PO does.
The Serious Consequences of Protective Orders
If you have a PO out against you, it has a similar effect to, like, a DV conviction, which is to say, the court’s going to look at that and say, you are probably not a good candidate for custody, you are not a good candidate for unsupervised visitation, and it’s presumptive, and that puts you behind the eight ball right from the start. So the consequences are quite serious. And as long as that PO is in effect, as I mentioned, you are prohibited under federal law from possessing or purchasing a firearm.
Under state law, you’re prohibited from carrying a firearm, so if you have a carry permit and you get a final protective order, you can kiss that goodbye. So it’s a serious thing. I think a problem with protective orders is that people don’t think it’s that big a deal. I mean, you do see people on the docket from time to time who are like, well, I don’t give a shit because I don’t want to talk to her anyway. And it’s like, well, that’s great. Don’t talk to her.
Take Protective Orders Seriously and Seek Legal Assistance
In fact, I would suggest you not talk to anybody who would file such a thing on you because I think that makes it pretty clear any relationship you had was over. However, understanding can seriously impact your rights. So it is something you should take seriously, and don’t go it alone. Get a good lawyer. The one place you can find a good lawyer is at Dads.Law, where fathers are not disposable.
Call Now for a Low-cost Strategy Session
If you’re facing a protective order and want to understand your rights, schedule a initial consultation with one of our experienced attorneys. We’re here to fight for your rights as a father.
