Am I Considered a Criminal Whilst Fighting a Restraining Order?

Unfortunately for the person being served against, the answer is pretty much a “yes”. Despite the restraining order being considered a civil matter in legal terms, the violation of the terms are considered a criminal matter.
Moreover, there is a marker placed on your criminal file which notes that you have a restraining order against you, even if you’ve never broken the terms of the order. There are big implications on your personal life types of commercial law because of this. Be prepared for those implications and it’s not a problem. But most fathers who are fighting a restraining order as part of a custody battle only find out when they find trouble as a result.
For example, if you travel a lot on business – allow extra time for customs checks and baggage inspection. The restraining order will be flagged against your name as you pass through checkpoints.
Another example is that any firearms you possess, or any licenses entitling you access to firearms, will usually be confiscated at the point where you are served the order. This is explained in ‘Restraining Orders – The Facts’ by the Equal Justice Foundation (2007) which shows tha, from the time the protection order is imposed until it is cleared from all agency databases, it is a violation of Federal law 18 U.S.C. 922(g)(8), a.k.a. the Lautenberg Amendment, “to purchase, acquire, or be in possession of firearms, ammunition, or other dangerous weapons, e.g., swords, grenades, explosives, etc.” Note that this is a federal felony with a mandatory minimum of 5 years in prison if convicted on its terms.
Collectors items are held to be in this category too. Furthermore, “being in possession” generally means in the same room as, or in close proximity to, those firearms. initial client interview questions divorce If you are visiting a friend, for example, and they have a gun collection, you can be held to be in violation and could be sentenced to five years (minimum) in prison.
There have been challenges to this, such as in Texas when Timothy Emerson failed to overturn his conviction for possession of a firearm while subject to a DV restraining order. This divorce case goes back to the 1990s, but the saga continues well over a decade later.
A Fifth Circuit had ruled that the Second Amendment is an individual right, but also that the statute survived under “reasonable regulation” allowances. In other words, you can still be convicted if you are fighting a restraining order during a custody battle, and come close to owning or being near firearms. Therefore it is prudent to know about this particular aspect of the order – and to comply with it at all times no matter what.

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