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Losing (and recovering) rights after a domestic violence protective order

Sep 24, 2021

The United States Constitution and federal and state laws grant us all certain essential rights. Under certain circumstances, a judge can suspend or even revoke certain rights.

When a domestic violence protective order (DVPO) is filed against someone, that person may face the prospect of losing some rights for a time, or possibly forever. However, everyone is entitled to defend their rights. There are legal processes that can be used to request the restoration of those rights in certain circumstances.

Rights that can be lost after a DVPO

There is a federal law that prohibits anyone with a protective order against them from purchasing or receiving a gift of a firearm. This means that, while the protective order is in place, Second Amendment rights to a firearm is partially suspended.

In addition, the order can suspend rights to go to specific places listed in the order. For example, if the protection order states that they cannot go within a certain distance of the workplace of the person that filed for the order, then the police can arrest them on the spot if they get too close to that location while the order is in effect.

Fighting for your rights

If a DVPO is filed against you, the simplest way to fight for your rights is to contest the terms of the order itself. If your attorney can manage to get the protective order overturned in court, then it will have no effect on your rights.

However, if the order goes through, you will have to wait for it to expire. Even after the order expires, not all of your rights come back automatically. For example, in order to regain your right to have a gun, your attorney will have to file a petition with the court requesting the restoration of your gun rights.

Having a domestic violence protection order filed against you can have a huge impact on a your daily life. There are processes in place that can help reobtain rights after the order expires.

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