If you're facing a protective order in Manassas, Virginia, it's crucial to understand how this legal action can impact your right to possess firearms. Protective orders, also known as restraining orders, are court-issued mandates designed to protect alleged victims of abuse, threats, or violence. These orders can carry significant consequences, including protective order gun restrictions.
At The Wilson Law Firm, our experienced Manassas gun rights restoration attorneys are dedicated to protecting our clients’ Second Amendment rights. If you have been subject to a protective order, we’re here to help you regain your gun rights.
Types of Protective Orders that Affect Gun Rights in Virginia
Virginia has several types of protective orders that can impact an individual's right to possess, purchase, or transport firearms. These orders are designed to protect victims of abuse, violence, or threats, but they also carry significant consequences for the accused.
Virginia Code § 18.2-308.1:8 includes a protective order gun restriction prohibiting possessing a firearm if you’re subject to a protective order. Here are some protective orders that can affect your gun rights in Virginia:
- Family Abuse Protective Orders: When issued to protect individuals from domestic violence, these orders prohibit the alleged abuser from possessing firearms for the duration of the order. If you are subject to a family abuse protective order, you must surrender your guns and concealed handgun permit to law enforcement or a designated third party.
- Act of Violence Protective Orders: Similar to family abuse protective orders, these orders are issued when an individual has committed an act of violence, force, or threat. If you are served with an act of violence protective order, your access to firearms will be restricted, and you must surrender any firearms in your possession.
- Substantial Risk Orders: These orders can be issued for up to 180 days when an individual is deemed to pose a substantial risk to themselves or others. If a substantial risk order is issued against you, you will be prohibited from purchasing, possessing, or transporting firearms for the duration of the order.
Consequences of Violating Protective Order Gun Restrictions in Virginia
Violating the Virginia firearms prohibitions imposed by a protective order is a serious offense in Virginia. If you are found guilty of purchasing, possessing, or transporting a firearm while subject to a protective order, you could face Class 1 misdemeanor charges, which carry a maximum sentence of 12 months in jail and a $2,500 fine.
How to Restore Your Gun Rights After a Protective Order Expires
Once a protective order expires, your right to possess firearms is not automatically restored. You must petition the court for a restoration order to regain your gun rights. This process involves filing the appropriate paperwork and attending a hearing where a judge will review your case and determine whether to grant your request.
It's important to note that if you are convicted of assault and battery against a family member or violating a protective order, you may face additional barriers to restoring your gun rights, as this conviction can trigger a separate firearms prohibition under Virginia law.
Figuring out the complex interplay between Virginia protective orders and gun rights can be challenging, but you don't have to face it alone. The knowledgeable gun rights restoration lawyers at The Wilson Law Firm are here to guide you through the process and fight for your rights.