Domestic Violence, Orders of Protection, and Gun Restrictions

 Posted on August 07,2024 in Criminal Defense

Rights groups in Illinois say that domestic violence deaths increased more than 110 percent in 2023 compared to 2022 and that other types of domestic violence are increasing as well. In response, rights groups are pushing a law that would allow a judge to issue an Order of Protection in response to domestic violence accusations that come along with a search warrant, giving police officers four days to search someone’s house and take that person’s weapons. In light of a recent Supreme Court decision allowing similar laws to be upheld, this law, if passed, would further restrict gun ownership in addition to the other restrictions people under Orders of Protection commonly deal with.

If you are served with a protective order in response to accusations of domestic violence, you should have an Illinois criminal defense attorney on your side as soon as possible. Even if you think you may get in even bigger trouble if you fight the charges against you, having an attorney in your corner fighting for your rights could give you more options than you realize.

Will an Order of Protection Mean I Lose My Gun? 

Under Illinois law, people with temporary, emergency, or plenary Orders of Protection against them cannot have firearms. Upon receiving an Order of Protection, you must give your firearms permit to the police and give your guns to someone who has an appropriate firearms permit or surrender your guns to the police.

Even if you disagree with an Order of Protection, avoid risky behavior and stay away from guns until the situation is resolved with the help of an attorney. This may seem unfair, but it is the law, and prosecutors are going aggressively after those who violate Orders of Protection to try to protect victims of domestic violence.

What Should I Do if My Wife or Girlfriend Accuses Me of Domestic Violence? 

Even the best relationship can get heated during times of disagreement, and two people can walk away from an encounter with very different versions of what happened. If someone is accusing you of domestic violence, you should take those accusations seriously - even if you think the person accusing you is not likely to do anything about it.

Once an Order of Protection has been put in place, you may be restricted from doing the most basic things that make up your day-to-day life, such as sleeping in your own bed, seeing your kids, or trying to contact your partner to work things out. Not obeying the terms of an Order of Protection can result in serious consequences, including arrest, fines, and criminal charges.  Respond immediately to allegations of domestic violence by working with an experienced attorney who knows your rights and will fight hard to protect them.

Arrested for Domestic Violence? Call Our Naperville, IL Domestic Violence Defense Attorney Right Away

If you or a loved one have been arrested for domestic violence, get the help of a Naperville, IL criminal defense attorney at Law Office of Philip R. Nathe right away. Do not defend yourself in court. Do not hope the judge will give you the benefit of the doubt, even if you have no previous criminal history, and understand that prosecutors will likely try to make an example out of you. Take these charges seriously and call our office 24/7 at 630-416-7600 to schedule a free consultation. Our attorney is a former Assistant State’s Attorney and understands how prosecutors look at domestic violence cases.