Dads have Rights Too

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Can I keep my gun if I receive a protection order?

On Behalf of | May 23, 2019 | Protection Orders And Domestic Violence

As this blog has discussed before, if a man in Omaha receives a domestic abuse protection order, he should consider taking appropriate legal action to defend himself. In addition to limiting his movement and his ability to contact his spouse or significant other, even if she has custody of his children, many of his other rights may also be affected.

For instance, as part of a protection order, a court can prohibit a man who is the recipient of the order from keeping or buying a gun. This means that if he owns a gun, he will have to dispose of it in some way. A judge can prohibit a man from keeping a firearm even if he uses his firearms responsibly and even if a gun or firearm has nothing to do with the allegations.

Moreover, since Nebraska courts have permission to issue this type of order ex parte, that is, without giving a man the opportunity to respond, the first time he may realize he has been banned from having firearms is when the sheriff shows up with a copy of the order. It will then be on him to ask for a hearing in front of the judge and give reasons why he should be allowed to keep his weapons.

As Omaha residents can hopefully see, Nebraskans who love hunting or just like collecting guns for legitimate reasons may lose a lot should they get served with a protection order. Not only could it mean the loss of his expensive property, but also could mean the loss of a hobby or a passion that connects him with others.