LawHelp HTML Document

Working for Fairness

ILAW Home > Family and Juvenile >

Larger Text

Exceptions to Protective Order Prohibitions on Possessing Firearms
by: Iowa Legal Aid
Some victims of domestic violence need more than a civil protective order to stop threats from an abuser. A person who fears an abuser who has firearms should let the judge know. The judge can check the "FIREARMS WARNING for Law Enforcement" on the protective order. This will stop the abuser from being able to legally have firearms and ammunition. The judge may even set a deadline for the abuser to turn weapons over to the police.

Under federal law, people subject to a civil protective order cannot harass, stalk or threaten an intimate partner. They may also be prohibited from getting a firearm or ammunition. While these steps may provide extra security to a victim who has a protective order, the law does allow some exceptions. Victims and domestic violence advocates should know about these. The information below only concerns civil protective orders, and not where an abuser has been convicted of domestic abuse in a criminal case, where other rules may apply.

EXCEPTION 1: The federal firearms protection only applies when the parties have lived together, have a child together, or are a spouse or former spouse. It does not apply when the parties only had a dating relationship and did not have children together.

WHY DOES THIS MATTER? Iowa recently passed the 'boyfriend bill." This law lets a person who has an intimate relationship with someone get a protective order. "Intimate relationship" includes dating relationships. The couple need not have ever lived together or had a child together. A victim with a "dating relationship" can get a protective order, but it will not include the firearms protection.

EXCEPTION 2: The federal firearms protection may not apply to protective orders by consent.

WHY DOES THIS MATTER? Iowa law lets parties enter into a protective order by consent agreement. There is no hearing to look at any evidence. The judge will not state in the order that domestic abuse took place, unless both parties agree to that. The federal law applies to cases where the protective order was entered after an evidentiary hearing. Because no evidence is entered on to the record when a consent order is approved by the judge, some people believe that the federal law may not cover that protective order. However, some federal prosecutors have said that consent orders are covered by the federal law.

EXCEPTION 3: The federal firearms laws do not restrict certain law enforcement officers from possessing a firearm even if they are the defendant to a protective order.

WHY DOES THIS MATTER? If an abuser who is subject to a protective order works in a profession where a firearm or ammunition is issued to the employee, those weapons may be possessed while on or off the job. This exception includes law enforcement officials and military personnel. If an abuser's firearms were issued by the government, victims may need to take extra steps to ensure their safety. One step could be notifying the abuser's superiors about concerns the victim has about firearms dangers.


	Search

	Tips on Searching

Find Legal Help On

Related Resources

more...

Last Reviewed On: 06/23/06

READ THIS BEFORE USING ANY PART OF THE IOWA LEGAL AID WEBSITE (ILAW) If you cannot afford a lawyer and have a legal problem in Iowa, you may be able to get free legal help. Call Iowa Legal Aid. To find out which office serves your county, call 1-800-532-1275 or 515-243-2151 in the Des Moines calling area. If you are age 60 or over, you may be able to get free legal advice from The Legal Hotline for Older Iowans at 1-800-992-8161 or 282-8161 in Des Moines. All numbers are Voice and TTY.

This Website Does NOT Give Legal Advice. When you use ILAW, you are just making a request for information. No part of this site or any link found through this site is meant to give you legal advice. Using any part of this site does not make you a client. If you send an e-mail to anyone you reach through this site, it does not make you a client of any lawyer. See a lawyer to get complete, correct, and up-to-date legal advice.

ILAW Only Has a General Summary of the Law. It is not meant to fully explain topics. Do not assume what you read on ILAW applies to your specific case. Also, the law may vary from state to state. What you find on this website may not apply where you live or to court actions filed in other states.

The Law Often Changes. Content on this site was correct when it was written. Check the date on each page. Do not assume what you see here is still correct when you read it.

Links. This website has links to other Internet sites. We have these links so you can find help on legal matters from the justice community. Other sites are responsible for all content on their sites.

E-mail. Using ILAW or sending e-mail through this website does NOT make you a client of any person or program you reach through this site. When you use e-mail, you risk having someone else access part or all of your message.

Click here for the Iowa Legal Aid Internet Privacy Policy.

Click here for the Iowa Legal Aid Public and Client Complaint Procedures.

As You Look at this Website, Remember it is Not a Substitute for Legal Advice.

The Iowa Legal Aid Website is a project of Iowa Legal Aid, the Volunteer Lawyer Projects of the Iowa State Bar and Polk County Bar Associations, and HELP Legal Assistance

Comunity Legal Education booklets Iowa Legal Aid printed material is available to clients and the public. Click here for a publications order form.