Orland Park Domestic Battery Weapons Ban Attorney

How Orders of Protection in Domestic Violence Cases Affect Weapons Ownership

Both Illinois law and federal law prohibit those who have been convicted of offenses related to domestic violence from lawfully possessing firearms. While Illinois law prohibits those who have been convicted of domestic battery from obtaining a FOID card (and by extension, a firearm), the federal prohibition is broader, and because federal law preempts Illinois state law, federal laws regarding a crime of domestic violence will usually play more of a factor than Illinois state law in these cases. This is because federal law prohibits anyone who has been convicted of "a crime of domestic violence" and not just domestic battery from possessing a firearm.

Because of the restrictions placed on people who are convicted of these offenses, it is crucial for anyone charged with domestic battery or other offenses involving domestic violence to receive representation from a skilled criminal defense lawyer. At Issa Law, LLC, we can help defend against these charges and address other concerns related to weapons offenses. We fight to protect the rights of our clients while advocating on their behalf throughout their cases.

Federal Firearm Restrictions in Domestic Violence Cases

Under federal law, if a domestic violence charge is changed to an offense that is non-domestic, a person could still face weapons restrictions in some cases. If a defendant pleads guilty to a violent offense that was directed toward someone who is "similarly situated" to a class of people who fall under the "domestic" umbrella according to federal statutes, this conviction would still disqualify the person from obtaining a firearm under federal law, even if Illinois law would not restrict firearm ownership.

As an example, if an Illinois domestic battery charge is filed against a husband for punching his wife and, at a later date, the charge is changed to a regular battery offense but still contains the same allegations that the husband struck his wife, this would make the husband ineligible to possess a firearm under federal law. This is because under 18 U.S.C. § 921(a)(33), a crime of domestic violence is still present if the offense has an element that includes the use or attempted use of physical force or threats committed by a spouse, former spouse, or another member of a person's family or household.

In the example above, even though the offense the husband pled guilty to was not domestic battery under Illinois law, the alleged victim was a person who had a relationship with the husband that would subject the husband to the federal prohibition against firearm possession. This is why it is important to obtain an experienced criminal defense attorney in any case where someone is being accused of any type of violent offense involving family members or members of a person's household.

Types of Protective Orders

Many people are aware that Illinois law authorizes a court to issue an order of protection. However, many people may not know that there are other types of protective orders, and they may not know which ones they can obtain and under which circumstances. In addition to orders of protection that are available in cases involving domestic violence, a person in Illinois can obtain a stalking no contact order and a civil no contact order.

The most common protective orders issued in Illinois are orders of protection. These orders only cover people who currently have, or at some point had, certain types of relationships as detailed in the Illinois Domestic Violence Act. In order to obtain an order of protection, the accused individual must have (or had) a relationship with the accuser through blood or marriage, share a residence with the accuser, have a child in common with the accuser, have dated or been engaged to the accuser, or a relationship in which the accuser is disabled and the accused is their personal assistant or caregiver.

If the accuser does not have any of the above relationships with the accused, then they are not able to obtain an order of protection. However, they may still be able to obtain either a stalking no contact order or a civil no contact order.

A stalking no contact order can be obtained against a person without regard to their relationship status with their accuser. All that is required to be proven when obtaining such an order is that the accused "stalked" the accuser. The accused must have engaged in a course of conduct of "stalking behavior" while they know, or should have known, that this course of conduct would cause a reasonable person to fear for their safety. Under the law, a "course of conduct" requires at least two or more separate acts of stalking behavior on the part of the accused.

A civil no contact order, on the other hand, is meant to protect people who have been sexually assaulted, without regard to a "course of conduct" and/or their relationship status. Any person who has been subject to any type of non-consensual sexual conduct or non-consensual sexual penetration, even if there is just one instance, may obtain a civil no contact order.

While the above protective orders are civil in nature, they can have long-lasting and serious ramifications. Anyone subject to an order of protection is prohibited from possessing a firearm and must surrender any firearm in their possession for the period while the order of protection is in effect. Additionally, a violation of any of the above protective orders can lead to criminal charges, and a term of incarceration may be imposed. Because of these consequences, it is important to work with an experienced attorney to fight any type of protective order being sought.

Contact Our Frankfort Domestic Battery Defense Lawyer

For help defending against criminal charges of domestic battery and addressing issues related to an order of protection, contact our firm at 708-966-2408 and set up a consultation.